For the sake of completeness I want to say a few words having sat here not quite as long as some of my honourable colleagues, although it feels like a long time. Those of us who opposed the process and content of the legislation have clearly lost the debate tonight, but none of us has been convinced by the arguments we have heard. We have not been convinced that there is a case for the kind of emergency that would require legislation being railroaded through the House in one day, and we have not heard anything that persuades us that the Bill does not go further than the status quo. We believe that it does go further than the status quo, particularly where extraterritoriality is concerned. Blanket data retention not being permitted by the European Court of Justice is the key element to many of the debates over the past few hours. Many of us who have stood by the position that it is precisely the blanket data retention that is not permitted by the ECJ are still concerned that the Court’s position will be contradicted by the Bill, and I imagine we may find that that is a problem in the months to come.
The shadow Home Secretary said that she hoped we would agree on three things. First, she hoped we would agree that this debate is needed for public confidence and consent. I certainly agree that this debate is needed, but not in the space of a day. I argue that precisely by trying to rush this Bill through in a day, we are utterly undermining public confidence and consent. I certainly agree with her second point that the last minute process was not good.
Her third point—her claim that this temporary legislation is necessary—was her most important point. I argue very strongly that, in all the debates we have heard this afternoon, that case has not been made. The case for a six month sunset clause not being effective has not been made. Others have made the case that a sunset clause is supposed to concentrate minds and that in two-and-a-half years it will suddenly deliver things that a six month sunset clause could not deliver. That position does not stand up to scrutiny. A sunset clause in December would concentrate minds in the same way and we should have focused on that.
What I worry about most of all is that the debate will have lost some of the confidence in this place. I think that many people who have been watching this debate are deeply concerned about what they perceive to be an issue of such importance being treated with such contempt and about the Orwellian doublespeak that we have heard throughout the past few hours.
9.35 pm