UK Parliament / Open data

Data Retention and Investigatory Powers Bill

I will deal first with the point made by the hon. Member for Cambridge (Dr Huppert) and others about the Regulation of Investigatory Powers Act 2000. I was the Minister responsible for RIPA. It was a carefully constructed Act that was preceded in 1999 by a lengthy consultation process. Everybody recognised at the time that it was a major improvement on the legislative regime for intercepting communications, data retention and other matters. As I said earlier—and I introduced the Regulation of Investigatory Powers Bill on this basis—its purpose was to make the intrusive powers of the state compatible with the Human Rights Act 1998, which came into force more than two year later on 2 October 2000. I am proud of the 1998 Act and—to reassure and provide therapy to the hon. Member for Cambridge—of the fact that it was indeed a liberal measure, but I of course accept that the world of telecommunications has changed radically in the 14 years since. Interestingly, it has not changed as much as it had changed in the preceding 15 years, which followed the Interception of Communications Act 1985, but it has still changed a great deal and for sure it would be worth while for RIPA to be reviewed. However, that is not a case for not proceeding with this measure tonight.

I also accept, as my right hon. Friend the shadow Home Secretary said eloquently in her speech, that even if we accept the need for emergency legislation, as we do, it would have been far better for our consideration to have been extended over two or three days in the Commons rather than just one. Indeed, if we had not been up against the buffers of the summer recess that might easily have been possible and we would have avoided the process of manuscript amendments.

My hon. Friend the Member for West Bromwich East (Mr Watson)—who, parenthetically, is not that much younger than my right hon. Friend the Member for Delyn (Mr Hanson), as he is in his fifth decade and my right hon. Friend is in his sixth—asked rhetorically whether we were surprised that relatively few Members had taken part in the debates today. He then tried to provide an answer, but I must say that it was not that convincing. He said that the reason was the pressure of time. I have been present in the Chamber when debates on Bills or other subjects have been subject to time pressures, and when they have been very controversial this place has been packed and Ministers have had a hard time. I would suggest that the more convincing explanation for the fact that not many Members have been present for all or any part of the debates today is that most are convinced by the arguments that are being made by the Government, with the support of the Opposition; that the measure clarifies the law in the light of the ECJ judgment; and, in so far as it changes RIPA, that it does so in one respect only—through clause 3, which has the effect, which I hope would be supported by every Member, of restricting the basis on which warrants can be made in relation to economic well-being and qualifies that with reference to national security.

Let me turn to the amendment tabled by my hon. Friend the Member for West Bromwich East, which would repeal the Bill by the end of this year rather than by the end of 2016, as the final clause of the Bill proposes. My hon. Friend said by way of justification for his amendment, in a very delphic comment, that we had not seen what the Government had seen. By definition, we have not seen that which the Government have not shown us and that might be secret or classified, but in justifying this measure the Government have not come along and told us that there are plenty of reasons for it but that they cannot let us in on them.

My right hon. Friend the Member for Knowsley (Mr Howarth) made a very witty speech earlier in which he spoke of the Disqualifications Act 2000. That measure changed the basis for the disqualification of Members to allow members of Sinn Fein to sit in the Dáil, the Northern Ireland Assembly and this place. My right hon. Friend was not allowed to explain that, so that really was a situation in which Members of the House had not seen what the Government had seen. That is not the case here. We have seen what the Government have seen. The hon. Member for Cambridge referred to it—it is the ECJ judgment and everybody can read it and understand its consequences. That is the basis for this Bill. I say to my hon. Friend the Member for West Bromwich East that I do not accept what the hon. Member for Cambridge is suggesting, which is that we can only have legislation either in a day or in six months. If this House wanted to, it could consider legislation over a two-week period and that would be preferable in this case.

Type
Proceeding contribution
Reference
584 cc795-6 
Session
2014-15
Chamber / Committee
House of Commons chamber
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