My right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) makes his point well. He talks about the retention of data, the security and assurance that is provided and the separate regime that relates to access to data and how that is reflected in the Bill’s provisions. Those provisions relate to the retaining of data, the safeguards that exist and some of the steps that we propose to take in relation to the Information Commissioner and the powers that he has to ensure that the data are retained securely. Then there is the separate regime that relates to the rights of different agencies, as set out in legislation, to gain access to that data. My right hon. Friend understands that concept and expressed it well.
My hon. Friend the Member for Stone (Sir William Cash) has highlighted the point about seeking to put beyond doubt that any legal challenge to this Bill should be considered by this Parliament and by the courts of the United Kingdom. Given the backdrop to this legislation—the data protection directive—and the approach that the European Court of Justice has taken in striking down the directive, I suppose I can understand why he is motivated to raise these issues in the House this evening. His comments raise broader points about the European Communities Act 1972. Our membership of the EU is wider than this Bill, and I respect the consistent way in which he has advanced those issues in the House.
We have considered carefully the existing law and legislation, and we have reflected on the European Court of Justice judgment in seeing what further measures can be put into effect to reduce the risk of challenge. That risk of challenge is most likely to heard within the UK courts than the European courts, as that is where challenge to the legislation might be flagged up in the first instance. Legislation is challenged in our courts from time to time. We believe that we have considered carefully the compliance of the Bill with the necessary regulatory requirements and remain confident that it meets those requirements.