My Lords, my name is also on this amendment. The question of public trust has been raised, and this amendment is an attempt to
restore public trust. The Minister referred yesterday to the overwhelming support in the other place for this emergency legislation. Of course if one looks at the vote in terms of numbers alone he is completely correct. However, the most cursory glance through the past two days of Hansard reveals that even those who support this Bill have grave reservations about a system of warrants that very experienced legal colleagues are suggesting may prove unenforceable, and about whether this Bill has answered all the findings of the ECJ reservations over whether Clause 4 represents an extension of powers. Very importantly, there are also reservations about the level of understanding of the technology itself, and exactly what gathering “who, what, when and where” can mean for the individual. These reservations have been expressed in other places, such as the Constitution Committee and the Law Society, and among senior legal experts as well.
Like others, I absolutely accept that the noble Lord has done his utmost to reassure the House on all points. Even if he is completely correct that this indeed represents business as usual, there remains the outstanding case that this Bill is a response to the ECJ ruling hurried through in fear of an impending judgment in the domestic courts, and that it is sitting on top of RIPA legislation that is generally accepted as inadequate. This Bill has gone through the House so rapidly that it is impossible for it to incorporate effectively all the expertise and views that have been given.
It is not overwhelming support for the legislation that has resulted in there being only four amendments this morning. It was the lack of time to articulate and design useful and necessary clarifications without undermining the needs of the security and intelligence services, which, I say again, nobody present would wish to do. A sunset clause two and half years hence gives no comfort to those who suspect that this Bill came to the House deliberately without time to challenge it. December 2015 is a reasonable time for review, parliamentary scrutiny, public debate and collective agreement. Three days certainly were not. I commend the amendment to the House.