The amendment is about applications to intercept being made by a judicial commissioner, not the Secretary of State via the Prime Minister. Amendment 43B sets out some additional requirements to be taken into account.
The debate has been fascinating because there has been a lot of use of words such as “reasonable”, “proportionate” and even “democratic accountability”. We all probably draw the lines on those matters at different places, and I certainly do so. My amendments speak to the area that has been covered by the Wilson doctrine of 1966 on parliamentarians’ correspondence and communications. The doctrine was explored by the two Green parliamentarians, Caroline Lucas in the other place and myself in your Lordships’ House, at the Investigatory Powers Tribunal. After successive Prime Ministers—even recently—have declared that the Wilson doctrine was still in force, we in fact found
at the IPT that it applied only to targeted, not incidental, interceptions. The doctrine therefore has proved to be fairly worthless.
For me, the surveillance of parliamentarians is a constitutional issue, because it is our job to hold the Executive to account, without interference and without inhibition. In addition, of course, constituents have a right to privacy, which is not acknowledged enough at times. It goes without saying that criminals have to be caught. People always raise the issue of what happens if we have a parliamentarian who is a paedophile; of course, I would seek to see that criminal found and removed. The Joint Committee on Human Rights said that the current drafting,
“does not eliminate the risk of a partisan motivation, whether real or apparent”—
that is if a Government Member does it—and it fails to supply,
“a safeguard commensurate with the importance of the public interest at stake”.
As I have explained in your Lordships’ House several times, I was targeted by the police and put on their domestic extremist database. I feel that, if somebody like me can be targeted as a domestic extremist—I was an elected politician at the time and was actually sitting on the Metropolitan Police Authority, overseeing the police—then I am very nervous about where such authorisation comes from. I would argue that there are simply not enough safeguards for unhindered scrutiny of the Executive by parliamentarians, which is obviously vital for any democracy.
We heard today the Prime Minster—now the previous Prime Minister—saying in his valedictory speech that he saluted the robustness of our challenging of our leaders here in Britain. This whole Bill puts that at risk; it does not allow us to do our job properly without the risk of interference. I hope that the Minister will not try to reassure me by telling me that the Government are in listening mode, because that is exactly what I am frightened of. I beg to move.