It may be a pain, a chorus, a dazzle or an appeal. Whatever it is, I rise to join that group and its collective voice in favour of the Bill.
Although the Bill’s opponents brand it a snoopers charter and criticise the lack of safeguards, I disagree with them. Like several hon. Members in the Chamber today, I had the privilege of sitting on the Joint Committee, and I heard at first hand the evidence of professionals on the front line. I am convinced that they exercise their powers judiciously and carefully, and I have faith that they will apply ethical standards when it comes to employing those powers. As the shadow Home Secretary said, GCHQ has neither the resources for nor the interest in carrying out mass surveillance of innocent people.
On safeguards, warranting has traditionally been the sole concern of the Executive. To echo the sentiments of my right hon. Friend the Member for North Shropshire (Mr Paterson), warranting is an inherently political process. When Ministers take a decision on granting a warrant, they take into account issues of national security, diplomatic relationships and the wider context. Frankly, such factors would not be relevant to a narrow legal and judicial analysis.
The Bill incorporates judicial review as the test to which warrants are subject. As my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) set out, judicial review incorporates a test of proportionality. That test—I speak with 10 years’ experience as a barrister specialising in judicial review in administrative law—involves four stages: first, looking at the objective in mind; secondly, assessing whether the means are directly connected to the objective; thirdly, asking whether an alternative is available; and lastly, carefully balancing intrusion against privacy. The choice is clear: do we trust our skilled professionals, or do we further disable them and let the terrorists and those who seek to destroy our society wreak havoc in this world?
6.44 pm