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I am sympathetic to the amendment in principle, as it seeks to provide clarity on the meaning of economic well-being in law. In many ways, I think it seeks to address some of the points raised by the hon. Member for North Ayrshire and Arran (Katy Clark). David Anderson

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may wish to reflect on it in his review of existing legislation and new legislation capabilities. Indeed, the privacy and civil liberties oversight board may also wish to address the issue of clarity. My simple point is that it needs to be done with care, given the other legislation I have flagged up and the broader context of the European convention on human rights.

Sir Alan Beith: Ought we and the hon. Member for North Ayrshire and Arran (Katy Clark) not to be celebrating the fact that for the first time in statute we are narrowing and specifying the circumstances in which economic well-being can be used as a justification? In other words, there has to be a national security element to it, not just a general feeling that some piece of information would be helpful for our economic well-being.

James Brokenshire: The right hon. Gentleman makes an important point. We are putting this provision front and centre in primary legislation. I hope that that is helpful in giving an assurance. National security is clearly a pretty high bar to reach, so framing the economic well-being argument in those terms should give an assurance that this is not something that would be relied upon lightly.

Katy Clark: The concern that many have is that, in the past, national security has been considered to be a catch-all. Indeed, the miners were considered to be the enemy within, and much of the rhetoric we hear from Government Members considers trade union activity and people who use democratic means to assert their rights to be a threat to the state. That is what I am trying to seek assurances about from the Minister. He is asking us to pass emergency legislation, but he seems unable to provide any assurances as to how it will be used in industrial situations.

James Brokenshire: I am genuinely surprised that the hon. Lady has made her point in that way, because the Bill is about strengthening governance and oversight. Sitting alongside the Bill in relation to the retention of communications data, there will, in addition, be a statutory code of practice, while the Information Commissioner has the right to look at further audit and oversight of data retention, and the interception of communications commissioner can consider the use of the powers. That should give independent assurance to not just the hon. Lady but others who, reasonably and legitimately, want to know that such powers are not abused or expanded.

Our governance and oversight of communications data and interception have been strengthened and enhanced over the years, as the right hon. Member for Blackburn (Mr Straw) said on Second Reading. Equally, in relation to wanting to know that the tests are adhered to in relation to a Secretary of State effectively authorising a warrant for interception, the oversight of the interception of communications commissioner should provide a great deal of assurance.

I have always recognised that people should be able to uphold their industrial rights, including the right to form a trade union. I certainly do not in any way intend this debate to get into such an issue. Indeed, from his speech, the right hon. Member for Knowsley understands that the Bill’s provisions will tighten important rights in existing law. The point concerns whether there is a need

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for any further clarification. The comments of the hon. Member for North Ayrshire and Arran on the right hon. Gentleman’s amendment highlighted the tricky nature of trying to frame the Bill correctly and the potential for unintended consequences in that context.

Sir Alan Beith: May I just hammer the point home? Economic well-being would not be mentioned in the Bill were we not providing a greater safeguard than has ever existed before or under RIPA to ensure that the power is used only in relation to national security.

James Brokenshire: Absolutely. My right hon. Friend makes a very good comment for me to conclude on. Clause 3, which will provide such strengthening, has given us the opportunity to have a constructive and helpful debate.

Mark Field rose

James Brokenshire: I will give way one last time before I sit down.

Mark Field: The debate has been worth while. I have some sympathy for the hon. Member for North Ayrshire and Arran (Katy Clark), who made a legitimate point. Equally, however, it is quite right that the Minister cannot give a categorical assurance along the lines that she ideally wants. Clause 3 tries to ensure that economic well-being must be underlined by national security. I hope that it goes some way to giving confidence not just to the Members in Committee, but to our many constituents who feel very strongly about this matter—trying to narrow the scope of the Bill and therefore of the power of the state.

James Brokenshire: My hon. Friend makes his customary point about ensuring that there is such clarity. I am sure that we will return to this issue, but for the reasons I have outlined, I hope that the right hon. Member for Knowsley is minded to withdraw his amendment and that the clause will stand part of the Bill.

Mr George Howarth: I will be brief. I am happy to withdraw amendment 1, which I tabled as a probing amendment. The Minister’s last point is perhaps the most significant one. I do not think that we have a clear enough understanding of the scope of economic well-being, although it is reassuring to know that in this context it must be related to national security. We have had a reasonable debate. We have not reached any firm conclusions, but I am comforted by the fact that the issues will be discussed by David Anderson and others, and I hope that we can move the issue further along before there is any fresh communications data legislation. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 3 ordered to stand part of the Bill.

Clause 4

Extra-territoriality in Part 1 of RIPA

Question proposed, That the clause stand part of the Bill.

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6.45 pm

James Brokenshire: The Regulation of Investigatory Powers Act 2000 allows the Secretary of State to issue interception warrants and allows those warrants to be served on persons who can assist in giving effect to them. Anyone who is providing a public telecommunications service who is served with a warrant is obliged to give effect to it. It has always been the case that that applies to any company that offers services to customers in the United Kingdom, irrespective of where it is based.

The territorial extent of RIPA has perhaps never been as explicit as it should have been. As a result, some overseas companies have started to question whether they are obliged to comply with warrants that are served on them. Our judgment is that that situation has reached a dangerous tipping point, and that it is necessary to put it beyond doubt that RIPA applies equally to public telecommunications services that are located overseas and those that are headquartered in the UK.

The clause makes clear Parliament’s intention that RIPA should have extraterritorial jurisdiction. It does that in three ways. First, it specifies that an interception warrant may be served on a company that is located overseas, and that a company providing telecommunications services to customers within the United Kingdom, but which is located overseas, has a duty to provide assistance when served with that warrant. Secondly, it specifies that a notice that is issued under section 12 of RIPA may be given to a company that is providing telecommunications services to customers within the UK, but that is located outside the UK. Such a notice would require the company to put in place the necessary infrastructure to give effect to interception warrants. Thirdly, it specifies, as has always been the case, that a notice under section 22 of RIPA for the provision of communications data may be served on a company outside the UK.

The clause specifies the means by which the serving of a warrant or the giving of a notice may be effected. It also makes clear the obligation to comply with a warrant or notice, and the means by which that obligation may be enforced.

Dr Huppert: Will the Minister make clear what consequences the clause might have for overseas providers? Is there any possibility that a section 12 order could require a foreign company to install surveillance equipment on its network? Does the Minister have the powers to do that?

James Brokenshire: I hope that the hon. Gentleman will understand that I cannot comment on surveillance techniques. However, I restate clearly that the Bill and, in particular, clause 4 do nothing more than is already the case in respect of the requirement to serve notices and the ability to issue warrants to overseas providers.

Mr Jack Straw (Blackburn) (Lab): May I confirm, for the benefit of the Committee, that what the Minister has just said about the intention being that RIPA should extend extraterritorially in these respects is entirely accurate? If hon. Members look at RIPA itself, they will see that section 2(1), which provides definitions, states that

“‘telecommunication system’ means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere)”.

That is but one example—there are many to which I could point—that shows that the clear intention of this

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House and the other place was to make this part of the Act extraterritorial. Indeed, we thought that that would be the effect of the Act.

James Brokenshire: I am very grateful to the right hon. Gentleman for providing that clarification and for highlighting that provision in section 2 of RIPA, which gives a sense of the extent and nature of the provisions that were contemplated when it was introduced. It was thought that it would have extraterritorial effect. Given legal challenges, other court cases and the language used in the legislation, we think it right to put that beyond doubt. That has always been the intent and practice for this measure; I repeat that the Bill does not extend the position but restates and asserts what has always been the case in the legislation. Those who may be subject to notices or warrants should understand clearly that it will apply to them if they are outside the UK.

Mr Dominic Raab (Esher and Walton) (Con): I am interested in the practical application of this measure. What happens if a foreign IT provider refuses to comply, and uses encryption or another security mechanism effectively to flout the relevant order? What practical steps will the Government seek to take?

James Brokenshire: The approach we have taken is to promote co-operation, and stating as clearly as possible that the legislation has extraterritorial effect is a key part of that. Ultimately, given the clarity provided in the legislation, a company that did not comply with a warrant or notice served on it would be open to court challenge.

Dr Huppert: Perhaps my previous question was not clear. A number of companies are concerned about the important issue of how section 12 orders would be interpreted. RIPA currently deals with powers to enable companies to make lawful intercepts. Will the Minister confirm that if a company—a webmail provider, or whoever—can provide legal intercept, he is not claiming powers to require them to put specific equipment on their networks?

James Brokenshire: Perhaps I did not explain this clearly to the hon. Gentleman, but we are not intending to add additional powers to compel. I suppose he is trying to elicit whether the measure is a means of getting more data retained outside the UK—he raised that point in the previous debate on this issue, and again I may be misunderstanding him. I reassert that the Bill contains nothing that in any way extends the existing reach of section 12 of RIPA. Other than reasserting the position on extraterritoriality, it does not in essence change section 12 at all. If that does not answer his point, he may wish to write to me on the matter.

The clause provides that where a warrant has been served on a company outside the UK, the law in the country where the firm is located must be taken into account when determining whether it is reasonably practicable for that company to give effect to the warrant. The clause also makes it clear that the court should consider what steps the company has taken or could take to avoid such a conflict arising. It does not extend

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the powers of law enforcement or security and intelligence agencies. It simply puts beyond doubt the fact that sections 11, 12 and 22 of RIPA apply to telecommunication service providers that are based outside the UK but provide services to customers in the UK.

Mr George Howarth: I raised this point on Second Reading but I do not think the Minister had an opportunity to respond. In clause 4(6), proposed new subsection (3B)(a) and (b) covers the circumstances of delivering a notice to the sort of companies he has just described. Paragraph (a) states

“by delivering it to the person’s principal office within the United Kingdom or, if the person has no such office in the United Kingdom, to any place in the United Kingdom where the person carries on business or conducts activities,”

and (b) states

“if the person has specified an address in the United Kingdom as one at which the person, or someone on the person’s behalf, will accept documents of the same description as a notice, by delivering it to that address.”

I am sorry to read that out, but it provides the context.

The example I used earlier was of a relatively junior member of staff in a billing office in Liverpool for Google or one of the other communications service providers, and my concern is that they could end up having a notice served on them and be put in an invidious legal position. I hope that I am wrong about that and that the Minister will be able to reassure me. The provisions seem entirely appropriate for a senior member of staff.

James Brokenshire: Provisions on a person having a specified address, such as proposed new subsection (3B)(b), refer to a situation where lawyers accept service, proceedings or notification on a person’s behalf. In essence, the Bill gives effect to such clarification.

Mr George Howarth: The Minister has provided the reassurance I was looking for, so at this point I can say that I am perfectly happy with the clause as it now stands.

Dr Julian Lewis (New Forest East) (Con): My hon. Friend the Member for Esher and Walton (Mr Raab) asked an important question: what will the Government do when a company does not wish to co-operate? I would like to put on the record something that I cannot attribute to a particular individual, other than to say it was a comment made by a very senior member of one of the main communications services providers in modern media. In relation to the question of his medium being abused for serious criminal or terrorist purposes, he said:

“We don’t want to frustrate the access of law enforcement agencies; only, that they should come through the front door and ask us, not sneak in by the back door.”

The companies want something that is clearly laid out in a proper legal format, so that they can fulfil that promise not at the whim of some private or backstairs approach by some unnamed Government official, but through a proper on-the-record procedure.

Mr Raab: My hon. Friend makes an extremely important point. There has been a lot of talk about privacy, but if we do not get this right and the providers are not

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comfortable, the risk is that the Bill will be flouted. If that happens, the use of foreign providers by every paedophile and jihadist group would drive a coach and horses through clause 4 and render it utterly useless.

Dr Lewis: I entirely agree with my hon. Friend, who is a fierce defender of the rights of individuals. I hope he agrees that if we can build on the attitude I have described from one of the most senior providers, then, by consensus, we ought to be able to set an example of an agreed arrangement whereby providers can be satisfied that they are assisting the law enforcement authorities in a proper, open and legitimate way, with no question of their being party to underhand arrangements.

Finally, may I apologise to the House for my late entry to this important debate, and, indeed, for my attire? I spent the entire day at the Farnborough air show, where the screaming of fast jets must have excluded the noise of my telephone ringing repeatedly from Downing street, offering me an alternative way to serve the nation.

Dr Huppert: I have two questions and I would be grateful if the Minister provided a written response to them, to ensure we get a clear answer. First, may we have a written confirmation that there would be no power to force foreign companies to install surveillance equipment on their networks if they are able to provide the intercept that is needed? Secondly, will he confirm the impact of subsection (4) and make it clear that, if a foreign company is under an obligation not to provide such data—if it would, in fact, be a criminal offence for them to comply—no such requirement would be made by the Government? That would put people in the invidious position of having to face criminality on one front or the other. If the Minister wrote to me with confirmation on those points, that would be very helpful.

James Brokenshire: I will respond briefly to the points made in the debate. On the latter point, I hope that my hon. Friend the Member for Cambridge (Dr Huppert) will have noted the reference I made to companies’ reasonable ability to comply and the consideration that would have to be given in particular to conflict of law issues, but I will see if I need to supplement that in some way.

7 pm

My hon. Friend the Member for New Forest East (Dr Lewis) highlighted the point of having proper procedures and being able to make proper requests. Putting the extraterritoriality provisions in the Bill to allow notices and warrants to be given to overseas providers strengthens that position and the ability to make requests, which would specify further details. I see this as a means of strengthening the regulatory regime, and I hope that clause 4 will stand part of the Bill.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Meaning of “telecommunications service”

Question proposed, That the clause stand part of the Bill.

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James Brokenshire: Clause 5 is a simple but necessary part of the Bill that puts into law an important clarification. Today people communicate using a range of web-based services and applications. As the scale and diversity of these services have grown, there should not be any uncertainty about whether a communications service provider to users in the UK is covered by the definition. RIPA was written in a technologically neutral way to allow for developments in the way in which services are delivered. We believe that web-based services such as web-based e-mail, messaging applications and cloud-based services have always been covered by the nature of the definition. Clause 5 simply clarifies how this definition should be interpreted and makes it clear that these services are covered by the definition of a telecommunications service.

Some have asked whether this is extending the definition in some way. I want to make it absolutely clear that that is not the case. We are not changing the existing definition, which remains absolutely as it stands in RIPA. The Bill clarifies how the current definition should be interpreted, but a clarificatory provision of this kind cannot change or extend the meaning of the definition in RIPA to capture new services. This provision simply makes it explicit that the existing definition includes so-called over-the-top services such as webmail and instant messaging for the purposes of that interception. In many ways, it has been the industry itself that has welcomed this clarification and restatement of the existing legislation, which is why I think it is important to give that clarity to the House and to the industry generally. It does not extend the scope of RIPA; instead, it restates and provides clarification in terms of the existing definition, which remains as it was before.

Question put and agreed to.

Clause 5 ordered to stand part of the Bill.

Clause 6

Commencement, duration, extent and short title

Mr Hanson: I beg to move amendment 3, page 6, line 41, at end insert

“and is subject to a reporting requirement as set out in subsection (1A).

(1A) The Commissioner for the Interception of Communications must report on the operation of this Act six months following commencement of this Act, followed by subsequent reports every six months.”

The Temporary Chair (Mr Jim Hood): With this it will be convenient to take the following:

Amendment 4, page 7, line 1, leave out “5” and insert

“(Half-yearly reports by the Interception of Communications Commissioner)”.

Amendment 5, page 7, line 2, leave out “5” and insert

“(Half-yearly reports by the Interception of Communications Commissioner)”.

Government amendment 7.

Amendment 2, page 7, line 2, leave out “2016” and insert “2014”.

Clause 6 stand part.

Government new clause 7—Review of investigatory powers and their regulation.

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New clause 1—Review of the powers, regulation, proportionality and oversight for communications and interception—

(2) The Secretary of State must arrange—

(a) for the operation and future of the powers, regulation, proportionality and oversight for data retention, access and interception to be reviewed, and

(b) for a report on the outcome of the review to be produced and published.

(3) Subsection (1) does not prevent the review from also dealing with other matters relating to the Regulation of Investigatory Powers Act 2000, the Intelligence Services Act 1994, oversight of the intelligence agencies and data privacy.

(4) The arrangements made by the Secretary of State must provide for the review to begin as soon as practicable, be carried out by the Independent Reviewer of Terrorism Legislation, and include public consultation.

(5) The full terms of reference must be established in consultation with the Independent Reviewer of Terrorism Legislation and relevant Select Committees of both Houses of Parliament.”

New clause 2—Oversight by the Interception of Communications Commissioner—

(1) The Interception of Communications Commissioner must report on the operation of sections 1 to 5 of this Act within six months of this Act coming into force and on six-monthly intervals thereafter.”

New clause 6—Half-yearly reports by the Interception of Communications Commissioner—

(1) Section 58 of the Regulation of Investigatory Powers Act 2000 (reports by the Interception of Communications Commissioner) is amended as follows.

(2 In subsection (4) (annual reports) after “calendar year” insert “and after the end of the period of six months beginning with the end of each calendar year”.

(3) In subsection (6) (duty to lay annual reports before Parliament) after “annual report” insert “, and every half-yearly report,”.

(4) In subsection (6A) (duty to send annual reports to the First Minister) after “annual report” insert “, and every half-yearly report,”.

(5) In subsection (7) (power to exclude matter from annual reports) after “annual report” insert “, or half-yearly report,”.”

Amendment 6, in Title, line 7, after “Act;” insert

“to make provision about additional reports by the Interception of Communications Commissioner;”.

Government amendment 8.

Mr Hanson: This goes to the heart of the key amendments that the Opposition seek to impress on the Government to improve the Bill. The Minister will know that we have supported the Bill to date at Second Reading and in the discussions we have had so far, but we have had, and continue to have, some concerns over the need for two aspects in particular. The first is to ensure that there is in place a mechanism for a review of the role of the Act that may or may not be passed ultimately by this House and by the other place shortly. That review lies with the interception commissioner for communications, who could look at the Act and see whether the intention of the House was being met and whether there were developments or amendments that needed to be brought to the attention of the Government.

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You will note, Mr Hood, that several amendments relate to this aspect. My initial amendment 3, which I tabled with my right hon. Friends this morning, would add the following at the end of clause 6:

“The Commissioner for the Interception of Communications must report on the operation of this Act six months following commencement of this Act, followed by subsequent reports every six months.”

That was intended to ensure an element of review to meet some of the genuine concerns raised by hon. Members of all parties. You will also see, Mr Hood, that we tabled new clause 2, which is a variation on the same theme. We did so to ensure parliamentary debate, given that we were not sure at that stage what amending provisions would be selected. The new clause effectively provides for the same activity.

We have helpfully tabled new clause 6, too, which provides for half-yearly reports by the interception of communications commissioner. It is linked to amendment 6 and to amendments 4 and 5, but all have the same purpose in life: they are all designed to ensure that the communications regulator is able to review the Act and has a statutory responsibility to do so, not just in six months’ time, following Royal Assent—given the Government’s timetable, that could be as early as Thursday this week—but formally. That would enable the commissioner to examine some of the concerns raised across the House, including by my hon. Friend the Member for West Bromwich East (Mr Watson).

There is a menu of options for the Government to look at and for the Minister to comment on. I would be happy if he supported any of those amendments; I have tabled three options for him to examine in detail and to establish whether any of them meet his particular obligations. He has an opportunity to give a commitment to establishing that one or all of them would be appropriate.

The second aspect relates to new clause 1, which I tabled this morning with my right hon. Friend the Leader of the Opposition and other right hon. Friends. It would establish a “review of the powers, regulation, proportionality and oversight” and other issues that have been of concern to Members of all parties. Members were troubled about a number of longer-term issues, which need to be resolved before any action by a future Government on the storing of data and proportionality. We wanted to ensure that arrangements would be in place as soon as practicable for a review to be carried out by the independent reviewer of terrorism legislation, David Anderson. It should include public consultation, and we need to ensure that the full terms of reference are published in consultation with not just Mr Anderson but the relevant Select Committees of both Houses of Parliament. That means the involvement of, for example, my right hon. Friend the Member for Leicester East (Keith Vaz) and the Home Affairs Committee and, indeed, that of the right hon. and learned Member for Kensington (Sir Malcolm Rifkind) and the Intelligence and Security Committee, which could contribute to the discussion.

Since we tabled that new clause this morning, the Government have helpfully examined it and tabled their own new clause 7, which covers many of the long-term issues that I feel are necessary for us to consider. Crucially, it covers areas that my right hon. Friends and I are concerned about, particularly the point that the independent reviewer of terrorism must review the operation and

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regulation of investigatory powers and take current and future threats into account. We accept that there are current threats and there will be future threats. We need to examine our ability to deal with those threats, and, crucially, to think about how we can safeguard our privacy, given the challenges of new technologies.

I have been in the House for—dare I say it?—22 and a bit years, and when I was first here, we did not even have mobile phones. Now, time and pressure are moving on. I arrived late at Twitter, which I took up after the 2010 election, and I arrived at Facebook even later. There may be other technologies out there which I am not yet aware of.

Guy Opperman (Hexham) (Con): Instagram?

Mr Hanson: My daughters tell me that I should get involved in Instagram, but it is a foreign country to me at the moment.

The point that I am making—perhaps in a jocular way—is that new clause 7 refers to “changing technologies”, which include technologies that we would not have envisaged even a few years ago, and others that may be coming down the line over the next few years. Those are the technologies that the independent reviewer should be considering.

I am warming to new clause 7. It also refers to “proportionality” in relation to

“the effectiveness of existing legislation”,

and requires the independent reviewer to make a case

“for new or amending legislation.”

Helpfully, the new clause requires the independent reviewer to report to the House by 1 May 2015. Mr Hood, I suspect that you and I will be focusing on other matters on that day, given the potential date of the general election, but it is handily placed in that any incoming Government, of whatever colour and composition, would be able to pick up the report. I hope that that helps my hon. Friend the Member for West Bromwich East. The report would be published by the Prime Minister of the day, it would be possible to ensure that it was open to the public and laid before Parliament, and any new Government could act on it in a way that I hope would be proportionate to whatever Members wanted to happen at that particular time.

Let me say, in summary, that there are two issues that I want the Committee to examine. First, may we have a regular review of this Act? There are many options, and I hope that the Minister will respond positively to one of them shortly. If we can agree on that, we shall have taken a major step towards meeting some of the concerns that have been expressed by people outside the House who have contacted us today.

The second issue relates to the longer-term review. My right hon. and hon. Friends and I have tabled new clause 1, and the Home Secretary has tabled new clause 7. My warm feeling towards new clause 7 suggests that the Minister could persuade me to support it. All that remains is amendment 2, tabled by my hon. Friend the Member for West Bromwich East, which would shorten the life of the Act by changing the welcome sunset clause date of 2016 to 2014. I do not want to say too much at this stage, because my hon. Friend has not yet spoken, but I will make one point that I think deserves consideration and a response from him.

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We are engaging in what is admittedly a very speedy procedure, involving a day and a half of debate, and the House of Lords will do the same when it debates the Bill over the next two days. My hon. Friend is proposing that the sunset date should be, effectively, December this year. That means that we would go through this procedure again in December, and in January and February next year, after only a short period during which the new arrangements will have been in place.

I suggest to my hon. Friend that the amendment that we have tabled, in three forms, proposing a formal review by the independent reviewer in December and every six months thereafter, would meet the concerns about the legislation and any flaws and faults that we see in it. I accept that my hon. Friend may not take the same view, but I am making him that offer. I think that there is a mechanism that can enable a report to say, in six months’ time, “This has worked well”, or “This it has worked badly”, and to suggest tweaks that can be made.

Jeremy Corbyn (Islington North) (Lab): The Prevention of Terrorism (Temporary Provisions) Act 1989 was also subject to a six-monthly review, but it went on for 10 years having six-monthly reviews before eventually being replaced by the Terrorism Act 2000, so that did not actually end the Act at all.

7.15 pm

Mr Hanson: My hon. Friend has done long service in this House and will have been through many debates on that topic, but I say to him again that there is currently a sunset clause in the Bill until 2016. The two amendments and new clauses that I have tabled give a review in December 2014 and a six-monthly review after that on this legislation. If the Government are minded to move new clause 7—they must be as they have tabled it—we will have a wide review of the legislation to report by 1 May 2015. We will have a general election presumably on 7 May 2015 after which a new Government can look at the review new clause 7 will bring forward, and they will have the benefit of an independent review, if any or all of the relevant amendments are approved by the Government today, after six months of the operation of this legislation. Both of those give an opportunity in nine months’ time for any new Government to review the whole gamut of this legislation and the operation of this Act should the Bill be passed in both Houses of Parliament shortly.

I say to my hon. Friend the Member for West Bromwich East that the effective impact of his amendment 2 would be to bring the sunset clause forward to December of this year, but that would not give sufficient opportunity for us to consider the impact of this legislation or the implications of the very difficult issues the Government face. Although he may not heed me, despite the fact that we went to the same university and have known each other for a long time, I urge him—[Interruption.] I am just trying my best on this. I urge him at least to consider whether the two measures we have brought forward would meet his objections. At least he can say I have tried, if nothing else!



Mr Watson: It is a pleasure to serve under your chairmanship, Mr Hood, and to take part in this debate and speak to amendment 2, which has been tabled by about 25 MPs across the House, representing seven different parties.

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We have been told that there is a legal emergency and this Bill needs to be passed through both Houses of Parliament in three days. This huge Government steamroller has revved up the engine and driven into town with my right hon. Friend the Member for Delyn (Mr Hanson) in the back seat and Liberal Democrat Members in the passenger seat, and we have been told we have very little choice. It has been hard to have time to consider this Bill, to pass amendments and to have proper debate and scrutiny, yet a curious thing will happen when this Bill is finally steamrollered through on Thursday or Friday, which is that the Government will take out the keys of the steamroller and say, “Relax, this legal emergency will only last for two and a half years.” That seems peculiar to me.

A little earlier the shadow Minister, who went to the same university as me, but many years before—I will not share the rumours about him that were passed down for many years—said he was new to social media and that his metadata footprint was smaller than those of many other citizens in this country, but many people are deeply concerned about their data being held in this way and they are following this debate. What they might not know is that if we do not complete this debate by 9 pm, even on the timetable we have, the amendments we are discussing now will fall, so I cannot speak for too long without jeopardising an amendment that has been supported by MPs representing seven different parties and a significant minority in this House.

What our amendment does is say to the Government: “Okay, we’ve not seen what you’ve seen; we will compromise with you. We will let you say you have a legal emergency and give you these powers for the summer.” That would allow the time for proper debate and scrutiny in the normal way that this House debates legislation. Earlier my good and hon. Friend the Member for Rhondda (Chris Bryant) made a powerful case for why we have the systems we do in this House—proper Bill Committees that can scrutinise, pre-legislative scrutiny, Select Committee scrutiny, Second Reading followed by a period in which people can reflect on the debate, a decent time for people to table amendments, Third Reading, and the like. A six-month sunset clause would allow for that.

A six-month sunset clause might also allow for a little bit of research to be done over the summer and for civic society to engage in a public debate. The shadow Home Secretary declared that this was the start of a debate in the country about the lines that could be drawn between privacy and liberty, and security. For me, six months is a long time for us to do that.

Mr Charles Walker (Broxbourne) (Con): I agree with the hon. Gentleman. What our constituents really want is proper scrutiny of legislation in this place. Having scrutinised the Bill properly, we may find ourselves in disagreement with our constituents, but at least we would have the opportunity to exercise our judgment and to reflect on that exercising of judgment.

Mr Watson: I completely agree. It has been mentioned that there have been few MPs in the Chamber for some of the debate—the hon. Member for Cambridge (Dr Huppert), who has been in his place all day, reflected on that. The honest truth is this: are we really surprised at that, when Back-Bench MPs have been treated in this

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way by the Executive, when MPs did not even know that this Bill would be published until last Thursday and when they had 47 minutes to table amendments when the business motion was passed last night? Thankfully the Speaker has said that he would accept manuscript amendments today, under these unusual circumstances. If it is baffling for Back Benchers, how on earth can our constituents have any comprehension or faith in today’s process?

What our amendment would do is simple. It does not ask for a report—I know that the shadow Minister has said we can have a report, but that is not the same as discussing clauses in Committee and allowing elected representatives to tease out the issues. He knows what this is: it is a fudge, and it is an unacceptable one. What I am saying is that we should give the Government the benefit of the doubt tonight with a six-month sunset clause, which would give us plenty of time to discuss a Bill in the proper way.

Dr Huppert: It is a pleasure to serve under your chairmanship, Mr Hood, and to follow the hon. Member for West Bromwich East (Mr Watson). I hugely admired his stance on the Digital Economy Act 2010, just before I became an MP, when I watched as he stood alone against his own Government, who were trying to ram a piece of legislation through the House in something like an hour or 90 minutes—he will, I am sure, remember the exact time. He had Liberal Democrat support, but we lost every vote on that occasion. I hugely admire him, and I saw his articles in The Guardian on that occasion and his frustration at not getting responses to letters from those on his own Front Bench, although that is perhaps an issue for him.

I have to tell the Committee that I am tempted by what the hon. Gentleman said about looking back in six months’ time. It sounds quite attractive—[Interruption.]

The Temporary Chair (Mr Jim Hood): Order. I must ask the hon. Member for Sedgefield (Phil Wilson) to come to order.

Dr Huppert: Thank you, Mr Hood.

What the hon. Member for West Bromwich East set out is very tempting. I hear what he said and he made a strong case. However, although I have huge respect for why he is trying to achieve that, I am worried about what it would actually mean, because to get a new piece of legislation through in time it would, essentially, have to start now. I looked up the Identity Documents Act 2010—the first Act passed by this Government—which got rid of identity cards, something I am very proud of. It was obviously much easier to deal with, because it was getting rid of something, rather than creating something, so less scrutiny was necessary—we know what it is like not to have something. That was introduced in May and was not passed until December. It was very short—14 clauses, so only slightly longer than this one will be once we have added a couple of clauses. It took quite a long time to get it through the House, so if we were to get a replacement Act through in time, we would have to start now.

Mr Watson: May I parry the hon. Gentleman with another Act? The Academies Act 2010 was introduced on 26 May and received Royal Assent on 27 July. The complex Terrorist Asset-Freezing etc. Bill had First

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Reading on 15 July 2010 and received Royal Assent on 16 December. If we can pass legislation in three days in an emergency, it is not beyond the wit of man and woman to pass legislation in six months.

Dr Huppert: I agree that it could take six months, which is shorter than the normal time scale, but it still means that we would have to start very soon. I passionately want to see—I think the hon. Gentleman and I agree completely on most of the issues around this space—something better than what we have with RIPA and with lawful intercept. I am clear about that. I have outlined on other occasions where I would like to see substantial improvements, some of which we have secured now but the vast majority of which we have not. But I do not think that that work can be done in time. Even if we were to wait until after the summer, we would still have a very short period to get a Bill through on the normal timetable. That is my big concern. I do not think that we could have the review that the Royal United Services Institute is doing at the Deputy Prime Minister’s request. I do not think that we can have the review that we all want to see from David Anderson QC, who has done such a great job. We would not be able to have that done in time. What we would find—I know that this is not what the hon. Gentleman wants to see—is that it will be exactly the same Bill being taken through again at a slightly slower pace.

Mr Raab: The hon. Gentleman is trying very hard on this. I am stuck with the very basic point of why, if he and other Members can vote through something in three days, we could not possibly wait six months at least to improve it substantially this side of a general election. Is that not what his constituents and mine would expect of us doing our day-to-day job in this House?

Dr Huppert: As I have said, I would be very happy to stay longer and have a less rushed Bill. We need to get this passed properly, with enough time to get the review going before the summer. I am happy to stay here next week; I have said that quite publicly and I have said it in this place. I take my hon. Friend’s point on that issue.

Jeremy Corbyn rose—

Dr Huppert: Let me make a little more progress. The type of change that I want to see is fundamental to how RIPA works. I wish to have a system that retains communications data for a very short period—a week or a month—so that we can find out, say, what happened just before somebody died yesterday. It should not be available for any longer unless a preservation order is applied for. That sort of system would massively reduce the amount of evidence that is kept on people, but would allow it to be available for those very serious cases that all of us want to see investigated. That is the sort of system that I would like to see, but that is not an easy thing to write down. It would take many, many months of work to try to write that into a form that we can make work.

There is another problem, which runs right at the base of this. It is what I hope to talk about when we get on to the next collection of amendments, my new clauses 3 and 4. The Home Office simply does not have evidence on how this information is used and for what

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purposes. As I understand it—I am sure the Minister will correct me if I am wrong—the only information on how communications data are used is based on a two-week snapshot survey of police forces. What sort of crime is it? We know that data are used and we know of many examples. It is only that small survey that tells us exactly what sort of things they are used for. We need to have that data to make a sensible decision. The more data we retain, the more things we can do to combat crime, but the more invasive it is. We cannot set a sensible balance without that data. The Home Office urgently needs to collect that data but it will not have it in the next couple of months.

I worry—I have seriously considered and agonised over this—that what is being suggested would not put us in a better place. The alternative to having a Bill that started almost straight away would be to wait a bit longer—until November—and have a new Bill. We could use that time to get a bit of information for a review, but then we would again be forced to fast-track the legislation. We would go through exactly the same process, with not that many Members here debating it, and we would have exactly the same problems. That would not help and would not take us to where I want to be, because I am passionate about getting rid of the awful system that we have and coming up with something better. As I said earlier, we can have more security, more civil liberties and more protection, which is something that I have debated on many occasions.

Jim Sheridan (Paisley and Renfrewshire North) (Lab): Will the hon. Gentleman give way?

Dr Huppert: I promised the hon. Member for Islington North (Jeremy Corbyn) that I would give way to him first. I will then give way to the hon. Member for Paisley and Renfrewshire North (Jim Sheridan), and then I will stop, because I want to let others speak.

7.30 pm

Jeremy Corbyn: I do not wish to be unkind, but the hon. Gentleman is confusing me. He says that he would sit until next week to ensure that we considered the Bill properly. I agree with that, but it will not happen. However, what is the difference between that and having a six-month sunset clause? That would give us six months in which to hold a consultation and a debate. The Government would then have the opportunity to bring forward legislation in the light of the responses received during the consultation.

Dr Huppert: The answer to the hon. Gentleman’s point is that we simply do not have the time to make that happen. We cannot take account of the detailed reviews that are necessary. I totally accept that we could do a bit more, but it would not fundamentally change where we are. It would not allow for the data collection and information gathering to work up much better proposals, which is what we need to make progress.

Jim Sheridan: The hon. Gentleman will be aware that there is already a significant amount of criticism from people north of the border about the purpose of this place. If the Bill goes through in the time scale suggested, other people will say, “What is the purpose of that place down there when they do not even have time to scrutinise the legislation?”

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Dr Huppert: That delves into subjects that I am unable to get too involved in. It is a shame that the matter is being dealt with so late. I raised this issue with the Home Secretary on the day that European Court of Justice ruling came out. I questioned her and challenged her on the time scale then. All of us were surprised by the announcement and I wish that we had been able to start sooner. I worry that those within the Conservative and Labour parties who have made it clear that they continue to want to have the measures in the draft Communications Data Bill will bring that back instead of introducing something that some of us would prefer. I wish I could believe that there was a liberal majority in this House—both with a capital L and a small l—but I am not sure that that is the case.

On the other amendments, I am glad that we seem to have reached an agreement on wording. I hope that the Government clause to write the details of the review into legislation will be supported by Members on both sides of the House. I very much want that to happen and for us to reach a place where we can improve. I hope that the Minister will be able to confirm that at least one version of the oversight clause will be adopted, because it would be a useful addition. I think that having it on the face of the Bill was always intended, which can only be a good thing.

Some of us have been trying to get a proper review of RIPA and all the associated legislation, such as the Telecommunications Act 1984, for many years. We have that chance now. I want a proper review, proper pre-legislative scrutiny and a Bill that will be properly debated in the House. The question is how best to get there.

Mr Straw: 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.

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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. 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.

Mark Durkan (Foyle) (SDLP): The right hon. Gentleman says that we have all seen what the Government have seen of what is behind the Bill. One thing continually cited about the extraterritorial extensions is that companies have said that they want such provision so that they are in a clearer position, but there have been questions about that. Does the right hon. Gentleman know who these companies are? Which companies have said that they need or want such things to be covered? Which

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companies would, as the Government are telling us, act outside this provision and act in defiance? We have been told about that several times today, but we have not been given any details.

Mr Straw: I do not know in precise detail. I used to know when I was responsible for these matters as Home Secretary and Foreign Secretary. Even when I was Foreign Secretary and Home Secretary, when there were fewer telecommunications providers, the ones that were wholly UK-based inevitably had a different and closer relationship than those based overseas but which were providing telecommunications services in this country. The latter were, for reasons one understood, much less willing to enter into voluntary arrangements than those based in the UK.

I do not know whether the hon. Member for Foyle (Mark Durkan) was in the Chamber when I drew attention to the fact that this provision is genuinely a clarification of the extraterritorial application of the RIPA Act and not an extension of it. I refer him, for example, to a definition of a telecommunications system in section 2:

“any system … which exists (whether wholly or partly in the United Kingdom or elsewhere)”.

The clear intention of that Act was that it extended extraterritorially. The legal advice is that the wording has not worked quite as intended and that overseas telecommunications providers particularly want more clarification.

Mark Durkan: If we are to believe that that is the only effect of clause 6, and that companies have said that they want such provision, should we not be told which companies have said that?

Mr Straw: That is a matter for the Minister. Sometimes, companies do not wish to be named; sometimes they do. If they did wish to be named—they are not slow in coming forward in other respects to let us know their views—they would have named themselves.

Jim Sheridan: My right hon. Friend seems to be making the case that the lack of attendees in the Chamber suggests that the vast majority of colleagues on both sides of the House support the legislation. If that is the case, why not have a free vote? Then people could vote whatever way they wanted.

Mr Straw: If I started discussing the importance of the party system, I think Mr Hood would pull me up short. My hon. Friend knows that the party system is fundamental to the way our democracy operates. I was elected not as J. Straw, an individual of obvious talent, or not, but because I was a member of the Labour party. In doing that, I accepted and signed up for, among other things, the standing orders of the parliamentary Labour party and the whipping system, and the authority system that we have. Of course, there is loads of scope for going against that. I am sitting next to my hon. Friend the Member for Hayes and Harlington (John McDonnell), who has voted against his party probably more often than he has voted with it—and a very fine constituency member he is, too, if I may say so. I have voted against my party once—

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The Temporary Chair (Mr Jim Hood) : Order. I obviously agree with the right hon. Member’s opinion about his hon. Friend, but it would be nice if he spoke to the amendment.

Mr Straw: Apologies; as a relatively new Member, I was led astray by my hon. Friend.

I come back to the point of the amendment tabled by my hon. Friend the Member for West Bromwich East. I wish that we had had more extended debates on the Bill, stretching over a number of days, but that has not been available. There is some strength in the point made by the hon. Member for Cambridge. Let us say that the legislation was repealed in December. What additional information would we have on its operation after it had been in force for only a matter of months? What prospect would there have been of gaining additional information about how the Act was operating? I suspect that, whether we spent a day, a week or a month on the replacement for the Bill—that would have to start in the middle of October—to allow proper legislative time, we would simply be repeating the contents of this Bill. It is far better to have the extended period with a clear sunset in 2016, plus the reviews, to which my right hon. Friend the Member for Delyn has referred, as a way of carefully considering the future of this kind of legislation and then making sober decisions at some length after the election.

7.45 pm

Steve McCabe: I started out today very much in the same place as my hon. Friend the Member for West Bromwich East (Mr Watson), but I am beginning to wonder whether this is not a matter of a short period of review that leads us straight back into an argument for another similar piece of emergency legislation, versus a longer period of review where we could get the matter right for once.

Mr Straw: My hon. Friend puts it much better than I did. That is the truth. We have a compressed programme and there will be complaints again about that, but the House usually rises in the middle of December, and if the Bill were to be repealed at the end of December and the House wanted proper time to consider this legislation, we would need to start on it in early November at least, which is only a few months away. I cannot see that we would be in any better position at that stage than we are now.

Caroline Lucas: Apart from the fact that the right hon. Gentleman cannot count his months, I make the serious point that it would make a difference in the sense that during the summer we could be having the public debate. The public care about the Bill. They could be speaking to their MPs about it. They have been left out of the process. If we started in October, we would still have three months—two and a half months—in this place to have a proper debate.

Mr Straw: Of course I accept that the public are concerned, but from my long experience they have a clear view of how to balance the interests of liberty and their own personal security—that is what this is about, not the security of the state—and they implicitly acknowledge that, although the systems that we have

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built up during the past 30 years may not be perfect, they do provide that balance. They provide a level of control over Ministers and the intelligence, security and police services, which is pretty unparalleled in most other countries.

Let us consider the abuses that take place in Europe. I think of what has happened in France in recent years, where one Minister intercepted the telephone calls of another Minister—all kinds of abuses by Ministers and the judiciary. That has never happened here and it could never happen here under our system—[Interruption.] Yes, it used to happen. It is right that trade unions were wire-tapped. Many others, thousands of people, were subject to intrusive surveillance. I know that to be the case because an officer of the Security Service told me that and showed me my file. I know that to be the case in respect of my family as well. But that was under a system where there was no statutory regulation whatsoever of telephone intercept, or data retention, which was available then, and when the very existence of the security and intelligence agencies was itself denied. That has rightly changed to take account of our duties and public concerns. It is not perfect, but we are much closer to a system that properly balances those things.

I hope that the Committee will not accept, for the reasons I have suggested, what my hon. Friend the Member for West Bromwich East suggests, which will lead to a truncated, abbreviated review that will not work, and that instead we will have the longer review, proposed by my right hon. Friend the Member for Delyn, and sober consideration of a new Act to replace this one and RIPA before the end of 2016.

Mr Charles Walker: I rise to support amendment 2, tabled by the hon. Member for West Bromwich East (Mr Watson). This really is a ridiculous way to transact legislation in this place—to sit here and listen to a lot of nonsense from some quite respectable people. The idea that we should put something so important and worth while through in a day just takes the biscuit.

I am sure that there is a huge amount of worthy content in the Bill, and I am sure that it is extraordinarily important that business is transacted as quickly as possible, but we have a duty of scrutiny and reflection in this Chamber. We represent 65 million people. This is not simply a rubber-stamping process. The idea that doing this in a day is somehow no worse than revisiting it in December just does not hold water. That argument will have no resonance out there with our electorate.

There is a slight undertone in the debate that those in the Chamber who express concern about the way business is being done today are somehow complicit in putting the nation’s safety at risk. That really is the last hiding place of scoundrels. I do not mean that anyone in this place starts from that basis, but we have a moral duty here to scrutinise legislation. I totally and honestly agree with the hon. Member for West Bromwich East that we need to revisit this sooner, rather than later.

John McDonnell: I hope that my hon. Friend the Member for West Bromwich East (Mr Watson) has formally requested a vote on amendment 2. If he has not, I would like to do so. I will deal quickly with some of the points that have been made. I think that the House is

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open to derision in putting such important legislation through in this time scale. The argument that the time is limited because we are abutting the summer recess and MPs are about to go on holiday opens us up to even more derision, so we will be held in contempt yet again. I say to the hon. Member for Cambridge (Dr Huppert), for whom I have a lot of affection, no matter how infuriating he can be at times, that the argument that a piece of legislation that could be undertaken in the next five months is somehow not as good as one that we will put forward in 24 hours simply does not hold water.

The point is that we are appealing to the Government today to give us the opportunity not only to have a thorough debate in this House, but to go back to our constituencies, as the hon. Member for Brighton, Pavilion (Caroline Lucas) said, and consult the people who put us here. With such a technical piece of legislation, I want to ensure that I consult my constituents and all those voluntary organisations and experts in the field. That includes taking expert legal advice on its exact meaning, because I no longer accept the argument—it has become confused today—about there being no new powers. I think that there are new powers, but I would like that to be verified by external advice. We have had no chance to do that. We have received, at best, a couple of briefings and a curtailed Select Committee hearing. My hon. Friend the Member for Aberavon (Dr Francis), who chairs the Joint Committee on Human Rights, appealed to the Government and said that all we need is the original judgment from the European Court of Justice and the points it raised, matched with the legislation and with clarification on which points the legislation addressed. We do not even have that.

Furthermore, we have the draft legislation before us, but not the guidance, which is the really meaningful part. It will specify who will be included and how it will be implemented in detail. That is still to come, so we are passing this legislation virtually in the dark. On the argument that there will be review after review, the Government’s new clause 7 simply means that a report of the review will be sent to the Prime Minister, but if it

“appears to the Prime Minister that the publication of any matter in a report under subsection (4) would be contrary to the public interest”—

not just prejudicial to national security—the Prime Minister can ensure that it is not given to this House. The definition of the public interest can be as wide as the Prime Minister determines. That is unacceptable. That is not open or transparent.

We have all been in this House long enough to know that having review after review is almost meaningless unless, at the end of the day, the Government decide to legislate or change legislation. A review process is usually used to put something on the back burner so that we can all ignore it as though it has gone away. The reason for a sunset clause is to give the whole exercise of reviews some bite. Without that bite, I am afraid that Governments do not act. The idea of having some bite at a distant point at the end of the following year means that this country will labour and languor under what I think will be an unjust piece of legislation for a long period, which could result in miscarriages of justice and an imposition on our freedoms. It is too long to wait. That is why the short curtailment of the sunset clause is critical to ensure that we give the matter serious attention; otherwise, it will drift further away.

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The next five months give us the opportunity for full consultation, proper advice and full display of information, particularly on the Government’s statutory code. We could then come back after the recess and examine new legislation in detail, which may address some of the points that have been raised about the operation of RIPA. As the hon. Member for Broxbourne (Mr Walker) has said, this is no way to legislate and create laws that could have significant consequences for our constituents.

I have raised the issue of the secrecy of professional advice, which was provided for in the European judgment. That is supposed to be covered by the code of practice, but we have yet to see it. That advice could relate not just to lawyers, but to the operations of journalists who wish to expose matters of public interest and to trade unionists and others. This is a risk to civil liberties that I am not willing to support. That is why I support amendment 2.

Dr Julian Lewis: Having made a brief intervention earlier that was largely helpful to Members on both Front Benches, I will now rectify the balance by saying that, however one looks at this debate in terms of whether or not enough time has been made available for those who want to speak to have their say, the overall impression that has been given to the public has been unfortunate, to put it mildly. My understanding is that this Bill has been made necessary because of an ECJ judgment that was arrived at in April. It is now mid-July. Why on earth has it taken so long to get from that judgment all those weeks ago to the position now, whereby it appears to the public that we have to make what I believe to be very necessary changes in a terrible rush? They are under the impression—in the context, it must be said, of the paranoia over the Edward Snowden affair—that we are doing this in a desperately swift and ill-considered way.

Personally, I accept that there is some strength in the argument that the time the Government have made available at this very late stage is probably enough for most of the people who are likely to contribute to the debate in the Chamber to do so; but not enough time has been given to those in the country who want to develop the wider public argument. One would not like to give the impression that one was trying to get this Bill through in a rush before a suitable momentum of public concern had the opportunity to build up, but, if that was not the reason for the delay, what was?

Mr David Davis (Haltemprice and Howden) (Con): My hon. Friend says, quite properly, that there is time for those of us who are concerned to make our points, but there is no time for us to research those points. There are significant legal and practical issues involved, and some of the issues are difficult to research because most of them are secret. One weekend is a ridiculous time scale in which to consider something that goes to the heart of the fundamental relationship between the state and the citizen.

Dr Lewis: I hope my right hon. Friend accepts that the nub of my short contribution is to say that we should not have found ourselves in this position. When the ECJ judgment was made we should immediately have swung into action so as to give people reasonable warning that this debate was going to take place, and

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then they could have done the degree of research necessary to avoid the impression that things were being rushed through in unseemly haste.

Steve McCabe: If we are all trying to be open and straight with people, why do we not just own up to the fact that this problem is of the coalition Government’s making? They could not get to the point where they agreed on a Bill, so we now have to consider a bit of bounced legislation as an emergency because of the coalition’s problems.

8 pm

Dr Lewis: I always love it when an Opposition Member precisely anticipates my final point. My love, affection and esteem for coalition politics are legendary. I want Ministers to give me the explanation—so far, we have been denied it—that there is indeed a rational alternative to the paranoid belief currently abroad that all this is being rushed through because we wanted to stifle debate, were afraid what the public would say and feared the context of all the revelations of secrets.

Let us get to the heart of it: if the truth is that it took this long for the Conservatives and the Liberals to agree what they wanted to introduce, there is nothing to be ashamed of in saying so; it is a natural downside of coalition politics. I appeal to my hon. Friend the Minister, who does these things with such panache and dependability, to put his head above the parapet and simply say that this was one of the many disadvantages of coalition politics—which Conservative Members and Labour Members look forward to seeing the back of in a few months’ time.

Jeremy Corbyn: I support amendment 2, which was tabled by my hon. Friend the Member for West Bromwich East (Mr Watson), who made his case extremely well.

Surely the issue is simply this: Parliament is here to scrutinise what the Executive do and to try to represent public opinion. We need to take advice from the public, organisations, lobby groups and so on, but all I have managed to find was an interesting and quite useful briefing from Liberty that came in yesterday—all credit to Liberty for getting a reasonable briefing together in a very short time—and a series of articles in The Guardian and one or two other newspapers.

But this Bill has massive implications in relation to the ability of the state to dip in and out of people’s telephone and e-mail accounts. Because it takes on itself a global reach, it has huge implications all around the world. If we are to take the global reach to dip into e-mail accounts all around the world, what are we to do, as the right hon. Member for Haltemprice and Howden (Mr Davis) said in an intervention, when an unpalatable regime decides to do the same and pitches up in a British court and says, “Well, you’ve taken these rights unto yourself. Why shouldn’t we do exactly the same?”? The implications of the Bill go a very long way indeed.

I am always suspicious when the House is summoned in an emergency and told, “This is an absolutely overriding, desperate emergency, so we’ve got to get this thing through all its stages in one day,” and Front Benchers from both sides of the House get together and agree that there is a huge national emergency. I am sorry, but what is the emergency?

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There was a court decision some months ago, about which the Government have since done very little and made very few statements. There has apparently been an interesting debate between the Liberal Democrats and the Conservative party in the coalition. In the interests of public scrutiny, we should be given the minutes of the discussion between the Deputy Prime Minister and the Prime Minister, and of all the sofa discussions that have no doubt taken place. I thought that sofa politics ended with new Labour, but apparently it still goes on in Downing street. We need to know the nature of that debate.

What is the objection to a sunset clause that would bring the—to me—very unpalatable Bill to a conclusion in six months’ time? Such a clause would at least give lawyers an opportunity to make a detailed case, and the Government an opportunity to explain their case a bit better. It would give the Home Affairs Committee a chance to discuss it, and the Joint Committee on Human Rights a chance to examine it, which we as Members of Parliament would also be able to do.

In an age of social media, it is interesting to see the numbers of people following the debate online and live. They are interested in social media, privacy and communication, and they all have views and opinions. I have no idea what all their views and opinions are. All I know is that as an individual Member of Parliament, I, like all colleagues in the Chamber, must vote on this piece of legislation without having had the chance to reflect or consult.

This is not a good day for Parliament. It is not a good advertisement for Parliament. It is not a good advertisement for democracy. The very least that we can do is to agree that this wrong-headed piece of legislation will expire by the end of this year and force the Government to come up with something more palatable, more carefully thought out and more sensible in respect of the protection of privacy and civil rights for all. That is why we were elected to Parliament. We should be given the opportunity to do our job, and should not have to lie down in front of a steamroller and accept something that we know in our hearts to be ill thought out and wrong.

Caroline Lucas: I spoke a lot in the debate earlier and was not going to speak again until my colleague, the hon. Member for Islington North (Jeremy Corbyn), reminded us of how this debate looks to the public outside this place.

As we have all said, this issue is of huge importance. Almost no issue that we deal with affects people as directly as their personal communications, and, therefore, is as sensitive. That is why it is so negative that we have given the impression that we simply do not care what people think. The public are pretty disengaged from MPs and Parliament, and do not have much respect for what goes on in this place. Today was an opportunity to begin to build bridges with them and to demonstrate that we can take these issues and their concerns seriously, and I feel so sad about the fact that Parliament seems to have flunked it. We have decided not to build bridges and have given the public the impression that we do not take ourselves seriously, so why should they take what we do in this place seriously?

15 July 2014 : Column 804

Many arguments have been advanced on why it is not necessary to pass the Bill in such a short time. There is no serious argument that this is an emergency. If there were, it would have been dealt with three months ago. People can see through that. Their concerns and disillusionment with this Parliament will be redoubled by this process, instead of being addressed by it.

One reason why I support amendment 2 to the sunset clause is that it would rescue something from this unhappy state. If we at least said that over the coming months, we will do this piece of work properly and a review will happen, we could build some confidence among the public. As it is, I regret to say that we have lost yet more public confidence today, at a time when we can least afford to do so.

James Brokenshire: I will speak to Government amendments 7 and 8 and new clause 7, which were tabled by my right hon. Friend the Home Secretary. I will also address the provisions that have been tabled by Opposition Front Benchers before turning to the issues with the timetable and the sunset clause.

The Government amendments provide for a review of the powers and capabilities. I am grateful to the right hon. Member for Delyn (Mr Hanson) for his comments about Opposition new clause 1, which relates to the same topic and sets out the terms of a review of the legislation. There is no difference of principle here. [Interruption.]

The Temporary Chair (Mr Jim Hood): Order. I can hear murmuring. I have a wee bit of industrial deafness from a previous life, but even I can hear it. I notice that a lot of conversations are taking place. We have had a long debate. The Minister is summing it up and I hope that Members will give him the best of order.

James Brokenshire: Thank you, Mr Hood.

New clause 1 shows that there is overlapping ground on the review. There is no difference of principle in that regard. My right hon. Friend the Home Secretary announced in her statement last week that we would review the interception and communications data powers that we need, as well as the way in which those powers and capabilities are regulated, in the full context of the threats that we face. I am pleased that the independent reviewer of terrorism legislation, David Anderson, QC, has agreed to conduct the first phase of that work. Our amendments give that work proper statutory footing, and set out the issues that the review will need to cover. It will deal with the powers that are required in the light of the threats we face and how they are regulated, and it will require the independent reviewer to report before the next election. Crucially, it will require the review to take account not only of the threats we face, but also of the safeguards required to protect privacy, and the impact of changing technology on the work of the agencies to keep us safe.

On that basis the Government have tabled amendments that achieve what I believe the Opposition were seeking to do in their amendments on this matter. The amendments make that explicit and address the points that the right hon. Member for Delyn set out in his initial contribution. I think he said that he may be warming to new clause 7—sufficiently warmed, I hope, to withdraw new clause 1.

15 July 2014 : Column 805

The periodic review of the legislation is important in assuring the House and the public that appropriate safeguards are being ensured, and that operations of communications data and lawful intercept are being conducted properly and appropriately. Should the Bill pass through the House, it will not extend the reach and remit of such measures, as some who have made earlier contributions have perhaps feared. I agree with the Opposition that while this legislation remains in statute until the sunset clause kicks in—in our view at the end of 2016, and I will come on to the specifics of that—and while reviews are being conducted, the provision of information from the interception of communications commissioner on a more frequent basis might help inform those making observations on the operation of and any deficiencies in the law on interception and communications data capabilities.

The right hon. Member for Delyn and those on the Opposition Front Bench have tabled a number of alternatives and amendments, and the Government are happy to accept new clause 6 and related technical amendments 4 and 5, alongside amendment 6, which adds to the long title of the Bill. Indeed, I think I should also formally move those amendments to ensure that they do not fall outside any timeline we may have. As I said, the Government are content to accept those amendments, and I invite the right hon. Gentleman to withdraw new clause 2 and amendment 3, which would have dealt with the same issues.

A great part of this debate in Committee has focused on amendment 2, which would bring forward the date at which the Bill ceases to have effect to 31 December this year, rather than the current date of 31 December 2016. With the greatest respect, and acknowledging the points that have been made, I do not believe that that is the most effective way to proceed and give the House the information to assess the broad issues of communications data effectively. We have set in train and committed to have an independent review from the independent reviewer of terrorism legislation on the broad area of communications data. If that review is concluded, the House will be better informed in assessing the balance of privacy and capabilities that exist, and considering how technology has changed and may impact on what is necessary. The independent review will be instrumental in providing that information, and in informing the next Government after the general election as to how to proceed on that basis.

The Prime Minister has said that he thinks that a Joint Committee should be established to take that review forward and have that additional scrutiny. We therefore have the long-stop date, which is a termination date in 2016. That does not get renewed; the legislation ends at that point to give this House and the other place appropriate time to legislate in the context of those reviews, as well as for further scrutiny or consideration by the Joint Committee.

8.15 pm

Mr Davis: The Minister is conflating two issues that amendment 2 seeks to deal with. First, this House has not had the time to research, consult and debate this issue. Secondly, the technology underlying the problems we face is changing. It is not mutually exclusive to address the first issue—lack of debate, consultation, research and knowledge—through, in proper, slow time,

15 July 2014 : Column 806

a consultative process in September and a proper Bill procedure in the autumn, and later, if he thinks it fit, to come back to the House with another review. That would at least allow the House to make its decision on a proper basis. If he allowed that, I would be happy to vote for Third Reading today. If he does not allow it, I am afraid that this is an undemocratic process that none of us can support.

James Brokenshire: We are going back over ground addressed on Second Reading and in the programme motion debate, but it is worth restating the fact that the Bill does not extend powers that this House has already granted through RIPA. It effectively restates what is already existing law. The legislation does not, therefore, seek to create something new, but simply restates what is already being operated, giving it clear legal underpinning in the context of the ECJ decision and the pressures from industry and others in terms of challenge.

On the need to act now, I say again that no Government embark on emergency legislation lightly. No Government seek to use fast-track legislation unless they judge that it is necessary. Our real concerns are that we have reached a tipping point regarding co-operation on lawful intercept and the risk that our essential powers on communications data, which are used day in, day out by law enforcement and the security agencies that protect this country, will simply not be available. That could occur at any time between now and the long-stop date that the right hon. Gentleman and others are suggesting in relation to December 2014. That is why the Government have judged that emergency legislation is appropriate and why we think it necessary to have a review: to ensure that this House is properly informed of all the issues to legislate carefully in a sensible way by no later than 31 December 2016, when this legislation would cease to have affect.

These are complicated matters. We need to act swiftly to deal with the particular challenge we face and to avoid the damaging loss of capability that confronts us. However, I do believe a longer-term considered approach is appropriate, hence the reason for having the review and for providing assurance in relation to the commissioner for the interception of communications and his reports on operation. There are already a number of reviews in the system. The Intelligence and Security Committee is conducting an inquiry, as is the Royal United Services Institute.

There is also the further review, which is to be led by David Anderson, of the communications data and interception powers we need, and how they are regulated in the light of the threats we face. As I have indicated, the Bill will set this out in legislation in terms, but he needs to be given some time to conduct this work. New clause 7 asks him to complete his work by 1 May 2015. That being so, I can see no point in requiring Parliament to return to these issues almost as soon as we return from the summer recess, without the benefit of the work we have set in train. Any such legislation would also inevitably require an accelerated timetable. Rather, we believe that Parliament needs to consider these issues properly after the election, drawing on the outcome of the reviews that are in train and with the ability to consider everything at a normal parliamentary pace. Accordingly, I invite the hon. Member for West Bromwich East (Mr Watson) to withdraw amendment 2, so that

15 July 2014 : Column 807

we can have this process recognising the needs now and recognising the need for further review and for the House to return to these matters in the light of that informed basis.

Mr Hanson: We have had a useful debate on the amendments. The Opposition had two objectives in tabling our amendments and new clauses today: first, to secure a review of this Act, if passed by this House and by the House of Lords, within six months and then every six months following that; and secondly, to put it on the record that we need to have a wider examination of the whole of the intercept evidence-data collection issue. I think we have had a meeting of minds on that issue. With that in mind, I am happy to withdraw amendment 3 and to support new clause 6, and to ask the Government to accept that as they have indicated they will. We will then support Government new clause 7, which meets our objectives. There are other consequential amendments but, for clarity, that is my objective. It would be helpful, given what the Minister said, if we proceeded on that basis.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: 4, page 7, line 1, leave out “5” and insert

“(Half-yearly reports by the Interception of Communications Commissioner)”. —(Mr Hanson.)

The Temporary Chair (Mr Jim Hood): I call the Minister to move amendment 7 formally.

James Brokenshire: On a point of order, Mr. Hood. I believe that amendment 5 is a technical amendment that may also be required. I do not know whether that will be dealt with now or later.

(The Temporary Chair (Mr Jim Hood): That is not a point of order. I can tell the Minister that we will take amendment 5 after we deal with amendment 7.

Amendment made: 7, page 7, line 1, after “5” insert

“and (Review of investigatory powers and their regulation)” —(James Brokenshire.)

This amendment is consequential on NC7

Amendment made: 5, page 7, line 2, leave out “5” and insert

“(Half-yearly reports by the Interception of Communications Commissioner)” —(Mr Hanson.)

Amendment proposed: 2, page 7, line 2, leave out “2016” and insert “2014”—(Mr Watson.)

Question put, That the amendment be made

The Committee divided:

Ayes 56, Noes 454.

Division No. 37]

[

8.21 pm

AYES

Abbott, Ms Diane

Baker, Steve

Bone, Mr Peter

Campbell, Mr Ronnie

Clark, Katy

Cooper, Rosie

Cunningham, Mr Jim

Davis, rh Mr David

de Bois, Nick

Dobbin, Jim

Dorries, Nadine

Drax, Richard

Durkan, Mark

Edwards, Jonathan

Flello, Robert

Francis, Dr Hywel

Godsiff, Mr Roger

Goldsmith, Zac

Havard, Mr Dai

Hemming, John

Hoey, Kate

Hollobone, Mr Philip

Hopkins, Kelvin

Hosie, Stewart

Joyce, Eric

Lavery, Ian

Lazarowicz, Mark

Llwyd, rh Mr Elfyn

Long, Naomi

Lucas, Caroline

MacNeil, Mr Angus Brendan

McCartney, Jason

McDonnell, Dr Alasdair

Meacher, rh Mr Michael

Mills, Nigel

Morris, Grahame M.

(Easington)

Mudie, Mr George

Pearce, Teresa

Percy, Andrew

Raab, Mr Dominic

Reckless, Mark

Ritchie, Ms Margaret

Robertson, Angus

Rotheram, Steve

Sanders, Mr Adrian

Sheridan, Jim

Skinner, Mr Dennis

Turner, Mr Andrew

Walker, Mr Charles

Watson, Mr Tom

Weir, Mr Mike

Whiteford, Dr Eilidh

Williams, Hywel

Williamson, Chris

Winnick, Mr David

Wishart, Pete

Tellers for the Ayes:

Jeremy Corbyn

and

John McDonnell

NOES

Abrahams, Debbie

Afriyie, Adam

Aldous, Peter

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Amess, Mr David

Andrew, Stuart

Arbuthnot, rh Mr James

Ashworth, Jonathan

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Baker, Norman

Baldry, rh Sir Tony

Banks, Gordon

Barclay, Stephen

Barron, rh Kevin

Barwell, Gavin

Bayley, Hugh

Bebb, Guto

Beckett, rh Margaret

Begg, Dame Anne

Beith, rh Sir Alan

Benn, rh Hilary

Benton, Mr Joe

Benyon, Richard

Beresford, Sir Paul

Berger, Luciana

Berry, Jake

Betts, Mr Clive

Bingham, Andrew

Binley, Mr Brian

Birtwistle, Gordon

Blackman, Bob

Blackman-Woods, Roberta

Blackwood, Nicola

Blears, rh Hazel

Blenkinsop, Tom

Blomfield, Paul

Boles, Nick

Bottomley, Sir Peter

Bradley, Karen

Bradshaw, rh Mr Ben

Brady, Mr Graham

Bray, Angie

Brazier, Mr Julian

Brennan, Kevin

Bridgen, Andrew

Brine, Steve

Brokenshire, James

Brooke, Annette

Brown, Lyn

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Sir Malcolm

Bryant, Chris

Buck, Ms Karen

Buckland, Mr Robert

Burden, Richard

Burnham, rh Andy

Burns, rh Mr Simon

Burrowes, Mr David

Burt, rh Alistair

Burt, Lorely

Byles, Dan

Byrne, rh Mr Liam

Cable, rh Vince

Cairns, Alun

Campbell, rh Mr Alan

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Carswell, Mr Douglas

Cash, Sir William

Caton, Martin

Champion, Sarah

Chapman, Jenny

Chishti, Rehman

Clarke, rh Mr Kenneth

Clarke, rh Mr Tom

Clegg, rh Mr Nick

Clifton-Brown, Geoffrey

Coaker, Vernon

Coffey, Ann

Coffey, Dr Thérèse

Collins, Damian

Connarty, Michael

Cooper, rh Yvette

Cox, Mr Geoffrey

Crabb, Stephen

Crausby, Mr David

Creagh, Mary

Creasy, Stella

Crockart, Mike

Crouch, Tracey

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Sir Tony

Curran, Margaret

Dakin, Nic

Danczuk, Simon

David, Wayne

Davidson, Mr Ian

Davies, David T. C.

(Monmouth)

Davies, Geraint

Davies, Glyn

Davies, Philip

De Piero, Gloria

Denham, rh Mr John

Dinenage, Caroline

Djanogly, Mr Jonathan

Docherty, Thomas

Dodds, rh Mr Nigel

Donohoe, Mr Brian H.

Doran, Mr Frank

Doughty, Stephen

Dowd, Jim

Doyle, Gemma

Doyle-Price, Jackie

Dromey, Jack

Duddridge, James

Duncan, rh Mr Alan

Dunne, Mr Philip

Eagle, Ms Angela

Eagle, Maria

Efford, Clive

Elliott, Julie

Ellis, Michael

Ellison, Jane

Ellman, Mrs Louise

Ellwood, Mr Tobias

Elphicke, Charlie

Esterson, Bill

Eustice, George

Evans, Chris

Evans, Jonathan

Evennett, Mr David

Fabricant, Michael

Featherstone, Lynne

Field, Mark

Fitzpatrick, Jim

Flint, rh Caroline

Flynn, Paul

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gapes, Mike

Gardiner, Barry

Garnier, Sir Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Gilbert, Stephen

Gillan, rh Mrs Cheryl

Glass, Pat

Glen, John

Glindon, Mrs Mary

Goodman, Helen

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Gray, Mr James

Grayling, rh Chris

Green, rh Damian

Green, Kate

Greening, rh Justine

Greenwood, Lilian

Griffith, Nia

Griffiths, Andrew

Gummer, Ben

Gwynne, Andrew

Gyimah, Mr Sam

Halfon, Robert

Hamilton, Mr David

Hands, rh Greg

Hanson, rh Mr David

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Harvey, Sir Nick

Haselhurst, rh Sir Alan

Hayes, rh Mr John

Heald, Oliver

Healey, rh John

Heaton-Harris, Chris

Henderson, Gordon

Hendry, Charles

Herbert, rh Nick

Heyes, David

Hillier, Meg

Hilling, Julie

Hinds, Damian

Hoban, Mr Mark

Hodge, rh Margaret

Hodgson, Mrs Sharon

Hollingbery, George

Howarth, rh Mr George

Howell, John

Hughes, rh Simon

Hunt, rh Mr Jeremy

Hunt, Tristram

Huppert, Dr Julian

Irranca-Davies, Huw

Jackson, Glenda

James, Margot

James, Mrs Siân C.

Jamieson, Cathy

Jarvis, Dan

Jenkin, Mr Bernard

Johnson, rh Alan

Johnson, Diana

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Mr Marcus

Jones, Susan Elan

Kane, Mike

Kawczynski, Daniel

Keeley, Barbara

Kelly, Chris

Kendall, Liz

Kennedy, rh Mr Charles

Khan, rh Sadiq

Knight, rh Sir Greg

Kwarteng, Kwasi

Lamb, Norman

Lammy, rh Mr David

Lancaster, Mark

Latham, Pauline

Laws, rh Mr David

Leadsom, Andrea

Lee, Jessica

Lee, Dr Phillip

Leech, Mr John

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Leslie, Chris

Letwin, rh Mr Oliver

Lewis, Brandon

Lewis, Mr Ivan

Lewis, Dr Julian

Liddell-Grainger, Mr Ian

Lilley, rh Mr Peter

Lloyd, Stephen

Lopresti, Jack

Loughton, Tim

Love, Mr Andrew

Lucas, Ian

Luff, Sir Peter

Lumley, Karen

Macleod, Mary

Mactaggart, Fiona

Mahmood, Shabana

Malhotra, Seema

Mann, John

Marsden, Mr Gordon

May, rh Mrs Theresa

Maynard, Paul

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McCrea, Dr William

McDonagh, Siobhain

McDonald, Andy

McFadden, rh Mr Pat

McGovern, Alison

McGovern, Jim

McGuire, rh Mrs Anne

McIntosh, Miss Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

McVey, rh Esther

Meale, Sir Alan

Menzies, Mark

Metcalfe, Stephen

Miliband, rh Edward

Miller, Andrew

Miller, rh Maria

Milton, Anne

Moon, Mrs Madeleine

Mordaunt, Penny

Morden, Jessica

Morgan, rh Nicky

Morrice, Graeme

(Livingston)

Morris, Anne Marie

Morris, David

Morris, James

Mosley, Stephen

Mowat, David

Mulholland, Greg

Munn, Meg

Munt, Tessa

Murphy, rh Paul

Murray, Ian

Murray, Sheryll

Murrison, Dr Andrew

Nandy, Lisa

Nash, Pamela

Newmark, Mr Brooks

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

O'Brien, rh Mr Stephen

O'Donnell, Fiona

Offord, Dr Matthew

Ollerenshaw, Eric

Onwurah, Chi

Opperman, Guy

Ottaway, rh Sir Richard

Owen, Albert

Paice, rh Sir James

Parish, Neil

Patel, Priti

Pawsey, Mark

Penning, rh Mike

Penrose, John

Perkins, Toby

Perry, Claire

Phillips, Stephen

Phillipson, Bridget

Pickles, rh Mr Eric

Pincher, Christopher

Pound, Stephen

Prisk, Mr Mark

Pugh, John

Randall, rh Sir John

Raynsford, rh Mr Nick

Redwood, rh Mr John

Reed, Mr Jamie

Reed, Mr Steve

Rees-Mogg, Jacob

Reevell, Simon

Reeves, Rachel

Reid, Mr Alan

Reynolds, Jonathan

Rifkind, rh Sir Malcolm

Robathan, rh Mr Andrew

Robertson, John

Robertson, Mr Laurence

Robinson, Mr Geoffrey

Rogerson, Dan

Rosindell, Andrew

Roy, Lindsay

Ruane, Chris

Rudd, Amber

Ruffley, Mr David

Russell, Sir Bob

Rutley, David

Sandys, Laura

Sawford, Andy

Seabeck, Alison

Selous, Andrew

Shannon, Jim

Sharma, Alok

Sharma, Mr Virendra

Sheerman, Mr Barry

Shelbrooke, Alec

Shuker, Gavin

Simmonds, Mark

Simpson, David

Simpson, Mr Keith

Skidmore, Chris

Smith, rh Mr Andrew

Smith, Angela

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Nick

Smith, Owen

Smith, Sir Robert

Soames, rh Sir Nicholas

Spellar, rh Mr John

Stanley, rh Sir John

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Stewart, Iain

Stewart, Rory

Straw, rh Mr Jack

Streeter, Mr Gary

Stride, Mel

Stringer, Graham

Stuart, Ms Gisela

Stuart, Mr Graham

Stunell, rh Sir Andrew

Sturdy, Julian

Sutcliffe, Mr Gerry

Swayne, rh Mr Desmond

Swinson, Jo

Tami, Mark

Teather, Sarah

Thornberry, Emily

Thurso, John

Timms, rh Stephen

Timpson, Mr Edward

Tomlinson, Justin

Trickett, Jon

Truss, Elizabeth

Turner, Karl

Twigg, Derek

Twigg, Stephen

Umunna, Mr Chuka

Uppal, Paul

Vara, Mr Shailesh

Vaz, Valerie

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Robin

Wallace, Mr Ben

Walley, Joan

Walter, Mr Robert

Ward, Mr David

Watts, Mr Dave

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whitehead, Dr Alan

Whittaker, Craig

Whittingdale, Mr John

Willetts, rh Mr David

Williams, Mr Mark

Williams, Stephen

Williamson, Gavin

Wilson, Phil

Wilson, Mr Rob

Wilson, Sammy

Winterton, rh Ms Rosie

Wollaston, Dr Sarah

Woodcock, John

Woodward, rh Mr Shaun

Wright, David

Wright, Mr Iain

Wright, Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Harriett Baldwin

and

Jenny Willott

Question accordingly negatived.

15 July 2014 : Column 808

15 July 2014 : Column 809

15 July 2014 : Column 810

15 July 2014 : Column 811

Clause 6, as amended, ordered to stand part of the Bill.

New clause 7

Review of investigatory powers and their regulation

‘(1) The Secretary of State must appoint the independent reviewer of terrorism

legislation to review the operation and regulation of investigatory powers.

(2) The independent reviewer must, in particular, consider—

(a) current and future threats to the United Kingdom,

(b) the capabilities needed to combat those threats,

(c) safeguards to protect privacy,

(d) the challenges of changing technologies,

(e) issues relating to transparency and oversight,

(f) the effectiveness of existing legislation (including its proportionality) and the case for new or amending legislation.

(3) The independent reviewer must, so far as reasonably practicable, complete the review before 1 May 2015.

(4) The independent reviewer must send to the Prime Minister a report on the outcome of the review as soon as reasonably practicable after completing the review.

15 July 2014 : Column 812

(5) On receiving a report under subsection (4), the Prime Minister must lay a copy of it before Parliament together with a statement as to whether any matter has been excluded from that copy under subsection (6).

(6) If it appears to the Prime Minister that the publication of any matter in a report under subsection (4) would be contrary to the public interest or prejudicial to national security, the Prime Minister may exclude the matter from the copy of the report laid before Parliament.

(7) The Secretary of State may pay to the independent reviewer—

(a) expenses incurred in carrying out the functions of the independent reviewer under this section, and

(b) such allowances as the Secretary of State determines.’—(James Brokenshire.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 3

Transparency on data collection

‘(1) To require any public authority requesting data requested from a communications service provider to maintain proper records including—

(a) the category of offence being investigated;

(b) the length of time the data had been retained by the CSP when it was requested;

(c) the type of data requested, as per the definitions in section 21 of the Regulation of Investigatory Powers Act 2000.”—(Dr Huppert.)

Brought up, and read the First time.

Dr Huppert: I beg to move, That the clause be read a Second time.

The Temporary Chair(Mr Jim Hood): With this it will be convenient to discuss new clause 4—Legal certainty for transparency reporting—

‘(1) The Regulation of Investigatory Powers Act 2000 is amended as in subsection (2).

(2) In section 54 (Tipping-off), after subsection (5) insert—

“(5A) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was made as part of an aggregated statistical disclosure covering a period of time greater than six months.”’

This amendment would provide a defence against the “tipping-off” offence, which has been cited as a reason why companies cannot release transparency reports. This amendment would allow statistics to be made available at six monthly (or greater)

intervals

.

Dr Huppert: These are, I hope, two unobjectionable new clauses, which seek clarity from the Government about what is intended in respect of the transparency reporting. One challenge we have faced for a very long time in this area is the fact that, as I mentioned earlier, very little information is kept by the Home Office or any of the other bodies about what exactly this information is used for, how many pieces of information are collected by different people and what the reasons were. This is a very frustrating state of affairs.

When we looked at the draft Communications Data Bill, we found that there was just a two-week snapshot survey of a few police forces—it was not even all of them—asking about the purposes for which communications data are used. For that reason, I have for a long time wanted proper transparency reporting from the Government and all the organisations—some

15 July 2014 : Column 813

companies, such as Google, already do this as far as they can—so that we know what is being done and we can make an informed decision about whether it is being done appropriately.

Currently, we have well over 500,000 requests for communications data every year. In order to judge whether that is a large or a small number, we need to know why they were made. We also need to know—we simply do not know this at the moment—how many people it relates to. Do those 500,000 requests relate to more than 500,000 people, or are there, in fact, 20 requests, say, relating to one person? We simply do not have that information.

This is not just a concern that I and various others have raised; it is something that the interception of communications commissioner raised in his 2013 annual report, in which he said:

“In my view the unreliability and inadequacy of the statistical requirements is a significant problem which requires attention.”

We must fix this; it is very important that we know. It was a bit of a shock to find, for example, that only 11.4% of requests were for national security. The vast majority were to prevent or detect crime or to prevent disorder. We should have that information available; we should know. Partly because of the lack of it, the commissioner highlighted the fact that he simply had to estimate various parameters that he was supposed to be investigating. He also said that he was concerned about “significant institutional overuse” and that the figure was “a very large number” that had

“the feel of being too many.”

We need to have the information available and published, so that we can make a proper decision.

Dr Julian Lewis: I warmly endorse what the hon. Gentleman is saying. Does he agree that if more examples were given of a collated nature—such as those we read about frequently in individual criminal court cases—about the vital role that such data play, that would go a long way to allaying unnecessary public suspicion about the importance of having such data available for the forces of law and order?

Dr Huppert: The hon. Gentleman is absolutely right. Unfortunately, the approach taken for, I believe, many decades has been not to tell people. We have always been told, “We can’t tell you what’s being done at the moment, but we need more.” If we were told and there were transparency, the public could make a much more sensible judgment about what was needed.

New clause 3 highlights what I would expect to see as part of new transparency reporting. It contains requirements to ensure that information is available about the offence being investigated, so that we can find out if it is about children applying to the wrong school or speeding offences, as opposed to national security matters, how long the data have been requested, so that we can work out how long they should be kept for—is it usually used after a week or a year?—and what sort of data they are, so that we know whether we are talking about reverse directory look-ups or rather more personal information. I hope the Minister will be able to reassure me that that is his intention.

I should say that both my new clauses were inspired by Big Brother Watch, which I have been working with on this whole Bill and which particularly wanted to

15 July 2014 : Column 814

make these points clear. New clause 4 deals with the problem that a number of organisations feel they cannot publish their transparency reports and say what they have been asked to do for fear of violating the legislation against tipping off. I understand why there is a concern. The Government do not want companies to say, “The following things we are reporting to the Government, but these things are perfectly safe; we will not tell the Government about them.” We want companies to be able to publish that anonymised information, so I hope the Minister will be able to confirm that companies can safely publish it as part of their transparency reports without fear of being prosecuted.

I look forward to hearing the Minister’s reassurances on both those aspects.

James Brokenshire: I thank my hon. Friend the Member for Cambridge (Dr Huppert) for tabling these new clauses to enable a debate about transparency and the information provided in the exercise of powers under the Regulation of Investigatory Powers Act 2000. He will know that the Government—the Prime Minister and the Deputy Prime Minister—announced last week that we intend to introduce annual transparency reports relating to the exercise of powers under RIPA. That report will provide as much detail as possible, but without undermining the effectiveness of the agencies or posing a risk to national security.

The point I would make to my hon. Friend is that if we had individual companies giving details, that might give an indication to those who would do us harm, who might ask themselves, “Well, which ones aren’t doing that and which direction should we go in?” This therefore has to be done with care, given the nature of transparency, but I endorse his point about the need for more information to be provided, so that the public and this House can have confidence in the utilisation of the powers set out in the legislation.

Dr Julian Lewis: Will my hon. Friend take on board the point I made in my intervention a few moments ago? Although one fully accepts that one cannot give full statistical data about these sorts of activities as they relate to national security, the point that the hon. Member for Cambridge made—that the majority are about serious crime rather than national security—ought to give us the opportunity to set out many case studies that would improve the public’s understanding of why it is so important that we have these data.

James Brokenshire: I know that my hon. Friend understands the importance of communications data in the fight against organised crime, as 95% of the organised crime cases that have been brought before the courts have relied on those data. He will also be aware of some of the surveys that have been run to indicate the proportions of communications data that are used and how they are broken down. For example, a survey in 2012 showed that 51% of communications data used to investigate sexual offences were older than six months. It is that type of information that, if we had further detail, would give that sense of how communications data are used to reassure the public and others in respect of the utility of the powers that are there. That certainly touches on one of my hon. Friend’s points.

15 July 2014 : Column 815

8.45 pm

Yes, we have had annual surveys, but the question is what more can be done to strengthen the process? That is something that the interception of communications commissioner raised in his last report and that we are now reflecting on, especially with regard to the detail that can be provided through the transparency report.

Dr Huppert: The Minister talked about that two-week snapshot from 2012. Is that the most recent survey that looked at the age of the data? Does he agree that it would be really helpful to have more up-to-date information about the age of the data are that used?

James Brokenshire: My hon. Friend argues for a different approach. He talks about a limited period and then about the need to safeguard that information following an event. I do not agree with him on that, as that is a separate debate. However, I agree that where we can see accurate data being provided, we seek to surface that as much as possible as part of the approach on transparency.

As the commissioner made clear in his report, the Home Office was working with him to improve the statistics collected by public authorities. He identified a number of further elements in his report, including the total number of applications submitted, the total number of items of data requested, the total items of data broken down by statutory purpose for which they were required and the total items of data broken down by crime type or other purpose for which they were required, which is the point that my hon. Friend has just made.

We are working with public authorities to ensure that most of these statistics are already being collected by them, and are progressing work to agree on the relevant practicalities such as agreed nomenclature that would enable those that had not already been collected to be collected. Transparency is important in ensuring continued public trust in the agencies and police forces that have been granted intrusive powers. However, transparency does have limits. We should not commit to such transparency that would publicise police and other sensitive investigative methodology, because explaining exactly how our investigators do their job will naturally lead to terrorists, criminals and others who wish us harm knowing how to avoid detection. We must also be careful not to weigh down investigators with too much bureaucracy such that they cannot perform the important function of preventing and detecting crimes and keeping us safe.

Dr Julian Lewis: I appreciate that my hon. Friend is mainly talking about the gathering and publication of statistical data, but it would not involve much effort for police forces to collate even half a dozen or a dozen cases per year that are reported in the press to show how these communications data are used in individual cases. A few good examples that have already been published would go a long way to help the public understand how important this methodology is.

James Brokenshire: In highlighting case studies, my hon. Friend makes an important point. A number of case studies involving serious murders have already been referenced in the debate this evening. Indeed, the shadow Home Secretary highlighted a case in which a young person who was safeguarded was effectively

15 July 2014 : Column 816

prevented from killing themselves. Such examples highlight the absolute import and value of communications data and the way in which our emergency services, police and others rely on them, not just to solve crime and to protect the public from those very real threats that we understand from a criminal law and a counter-terrorism perspective, but to protect children and vulnerable adults from harm. The ability to identify where someone may be through tracking the communications data can literally be a matter of life and death. My hon. Friend is therefore right to suggest we can draw on case studies to provide greater explanation. In the appalling Soham murders, for example, communications data were instrumental in bringing those responsible to justice. Such cases highlight the significance of the use of the powers.

I recognise the point made by my hon. Friend the Member for Cambridge, but I am unable to accept his new clause tonight. I can make it clear, however, that I do not resist increased transparency; indeed, it is the reason we have agreed to bring forward annual transparency reports. Such a level of detail can be considered in different ways, and in amending the code of practice on the acquisition and disclosure of communications data later this year, we can ensure that the appropriate text is included in statutory guidance, for example. Parliament will have a chance to return to the issue soon in that context. There are perhaps other ways in which we can reflect further on getting the balance right.

My hon. Friend made another point that may in fact relate to section 19 of RIPA, rather than to the section he suggested, concerning the illegality of disclosing the existence of a warrant under that section. To do so would risk exposing the existence of an interception capability and, crucially, the potential lack of such a capability, which would indicate to criminals and terrorists, who may wish to exploit such a gap, which communication services they may be able to use to conduct their illicit activities without detection. I believe that my hon. Friend seeks to ensure that where such a disclosure is made as part of an annual transparency report issued by the major service providers, a defence will be available to them in any subsequent legal proceedings.

The Government believe that, as at present, it is for the interception of communications commissioner to publish the total number of interception warrants. The commissioner has expressed his concern about the nature of the transparency reports, particularly with reference to requests for communications data. In his annual report for 2013, the commissioner is clear that statistics from transparency reports should “be treated with caution” as they may “lead to misleading comparisons”. Indeed, it would not be helpful to the public for there to be numerous sources of information on the number of requests or warrants when there is a lack of clarity and consistency as between each source. We are doing everything that we can, working with the independent commissioner, to improve the transparency of how such powers are used, but the additional provision would not help to give the public greater clarity, so I invite my hon. Friend to withdraw new clause 3.

Dr Huppert: I thank the Minister for his comments. The move towards greater transparency will benefit us all, including the Home Office. I do not quite agree with some of the points that he made towards the end of his

15 July 2014 : Column 817

speech. Many companies are doing well publishing transparency reports, which is helping to move the agenda forwards, but in the interests of time, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 5

Effect and justiciability of this Act

‘For the avoidance of doubt and notwithstanding sections 2 and 3 of the European Communities Act 1972, this Act shall have effect and shall be construed as having effect and shall be justiciable by the courts of the United Kingdom.’—(Sir William Cash.)

Brought up, and read the First time.

Sir William Cash: I beg to move, That the clause be read a Second time.

I am grateful to be called at this late hour. This new clause is important. I look to the Home Secretary; she knows exactly where I am coming from and where I am going. She may believe that we will be defeated on this new clause, but nothing will prevent me from making the point, which is that the Bill could become pointless. The difficulty, which she understands—I am sure that her advisers have already explained it—is simply that clauses 1 and 2 will enable the Home Secretary to serve a data retention notice on public telecommunications operators and to make secondary legislation governing such notices. However, there is a real possibility that the precise meaning of the European Court of Justice’s Digital Rights Ireland judgment has the effect of potentially eviscerating the Bill.

Professor Peers of Essex university draws attention to the objection by the Court to the requirement to retain all communications data. The fact that the directive required all data to be retained from all subscribers was indeed the first of the considerations taken into account by the Court in arriving at the conclusion that the directive was disproportionate. The problem is that it is within the framework of European law. This Bill is within the scope of EU law and so is the charter of fundamental rights, and the general principle of EU law will continue to apply. What that means in practice is very simple: sections 2 and 3 of the European Communities Act 1972 have the effect of ensuring that the retention directive, its replacements and all that follows from it are and have to be implemented in UK law. The United Kingdom also has an obligation under the voluntarily enacted 1972 Act to accept the jurisdiction of the European Court.

The European Court has already adjudicated on this matter, but the problem is that within the framework of this Bill there are grave uncertainties that have already been expressed by myself and others during these proceedings. The bottom line is therefore whether we are to make uncertainty more uncertain by providing for a situation in which we enact a Bill that might be challenged by the European Court through arrangements that some people who do not like its provisions might decide to entertain. If they do so, it will go back through the Court of First Instance and then the Court of Appeal before going to our own Supreme Court and being referred to the European Court of Justice. As with the Merchant Shipping Act 1988, which was struck down by our own High Court in pursuance of the European Communities Act 1972, which is a voluntary

15 July 2014 : Column 818

Act, the net result if the European Court of Justice makes such a determination will be that the United Kingdom will be faced with this Bill being struck down as enacted.

I do not need to say any more, because I have made the point throughout our proceedings. I implore the Government to take note of the new clause, which has been carefully considered by some very senior lawyers, both academics and practising lawyers. They are convinced that the Bill is at risk and so, as I did with the enactment of the Lisbon treaty, I tabled a provision that said that notwithstanding the European Communities Act the charter of fundamental rights would not apply. The Home Secretary might smile now, but I have to say to her that that is now a serious choice for the Government. Either they except the charter of fundamental rights or, through amendment of the 1972 Act, they should ensure that the charter of fundamental rights does not apply. That also applies to these provisions and I need say no more for the moment. I sincerely trust that the Minister will give a positive response.

James Brokenshire: My hon. Friend has raised these points during the course of the debate and I note the points that he makes, but I restate my previous points. The Bill is intended to give greater legal certainty through the statutory underpinning it provides rather than by relying on secondary legislation with the challenges and risks that might face in the future. We have framed the legislation in the context of the ECJ judgment. We have reflected on it carefully and believe that it is robust in its construction. I note that my hon. Friend will continue rightly to challenge on these European issues, but I hope that in the context of today’s debate, he will be minded to withdraw his new clause.

Sir William Cash: I wish to press my new clause to a Division.

Question put, That the clause be read a Second time.

The Committee divided:

Ayes 25, Noes 440.

Division No. 38]

[

9 pm

AYES

Afriyie, Adam

Brady, Mr Graham

Campbell, Mr Ronnie

Carswell, Mr Douglas

Cash, Sir William

Cox, Mr Geoffrey

Dodds, rh Mr Nigel

Dorries, Nadine

Drax, Richard

Henderson, Gordon

Hollobone, Mr Philip

Jenkin, Mr Bernard

Kelly, Chris

Lewis, Dr Julian

Long, Naomi

McCrea, Dr William

Mills, Nigel

Nuttall, Mr David

Percy, Andrew

Reckless, Mark

Shannon, Jim

Simpson, David

Skinner, Mr Dennis

Turner, Mr Andrew

Wilson, Sammy

Tellers for the Ayes:

Steve Baker

and

Mr Peter Bone

NOES

Abbott, Ms Diane

Abrahams, Debbie

Aldous, Peter

Alexander, rh Mr Douglas

Alexander, Heidi

Ali, Rushanara

Allen, Mr Graham

Amess, Mr David

Andrew, Stuart

Arbuthnot, rh Mr James

Ashworth, Jonathan

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Baker, Norman

Baldry, rh Sir Tony

Banks, Gordon

Barclay, Stephen

Barron, rh Kevin

Bayley, Hugh

Beckett, rh Margaret

Begg, Dame Anne

Beith, rh Sir Alan

Benn, rh Hilary

Benton, Mr Joe

Benyon, Richard

Beresford, Sir Paul

Berger, Luciana

Berry, Jake

Betts, Mr Clive

Bingham, Andrew

Birtwistle, Gordon

Blackman, Bob

Blackman-Woods, Roberta

Blackwood, Nicola

Blears, rh Hazel

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Boles, Nick

Bottomley, Sir Peter

Bradley, Karen

Bradshaw, rh Mr Ben

Bray, Angie

Brazier, Mr Julian

Bridgen, Andrew

Brine, Steve

Brokenshire, James

Brooke, Annette

Brown, Lyn

Browne, Mr Jeremy

Bruce, Fiona

Bruce, rh Sir Malcolm

Bryant, Chris

Buck, Ms Karen

Buckland, Mr Robert

Burden, Richard

Burnham, rh Andy

Burns, rh Mr Simon

Burrowes, Mr David

Burt, rh Alistair

Burt, Lorely

Byles, Dan

Byrne, rh Mr Liam

Cable, rh Vince

Cairns, Alun

Campbell, rh Mr Alan

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Caton, Martin

Champion, Sarah

Chapman, Jenny

Chishti, Rehman

Clarke, rh Mr Kenneth

Clarke, rh Mr Tom

Clifton-Brown, Geoffrey

Coaker, Vernon

Coffey, Ann

Coffey, Dr Thérèse

Collins, Damian

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Crabb, Stephen

Crausby, Mr David

Creagh, Mary

Creasy, Stella

Crockart, Mike

Crouch, Tracey

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Sir Tony

Curran, Margaret

Dakin, Nic

Danczuk, Simon

David, Wayne

Davidson, Mr Ian

Davies, David T. C.

(Monmouth)

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dinenage, Caroline

Djanogly, Mr Jonathan

Docherty, Thomas

Donohoe, Mr Brian H.

Doughty, Stephen

Dowd, Jim

Doyle, Gemma

Doyle-Price, Jackie

Dromey, Jack

Duddridge, James

Duncan, rh Mr Alan

Dunne, Mr Philip

Durkan, Mark

Eagle, Ms Angela

Eagle, Maria

Edwards, Jonathan

Efford, Clive

Elliott, Julie

Ellis, Michael

Ellison, Jane

Ellman, Mrs Louise

Ellwood, Mr Tobias

Elphicke, Charlie

Esterson, Bill

Eustice, George

Evans, Chris

Evennett, Mr David

Fabricant, Michael

Featherstone, Lynne

Field, Mark

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Flynn, Paul

Foster, rh Mr Don

Francis, Dr Hywel

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gapes, Mike

Gardiner, Barry

Garnier, Sir Edward

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glass, Pat

Glen, John

Glindon, Mrs Mary

Goodman, Helen

Goodwill, Mr Robert

Gove, rh Michael

Graham, Richard

Grayling, rh Chris

Green, rh Damian

Green, Kate

Greening, rh Justine

Greenwood, Lilian

Griffiths, Andrew

Gummer, Ben

Gwynne, Andrew

Gyimah, Mr Sam

Halfon, Robert

Hamilton, Mr David

Hands, rh Greg

Hanson, rh Mr David

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Harvey, Sir Nick

Haselhurst, rh Sir Alan

Havard, Mr Dai

Hayes, rh Mr John

Heald, Oliver

Healey, rh John

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Hendrick, Mark

Hendry, Charles

Herbert, rh Nick

Heyes, David

Hillier, Meg

Hilling, Julie

Hinds, Damian

Hodgson, Mrs Sharon

Hollingbery, George

Hosie, Stewart

Howarth, rh Mr George

Howell, John

Hughes, rh Simon

Hunt, rh Mr Jeremy

Hunt, Tristram

Huppert, Dr Julian

Irranca-Davies, Huw

Jackson, Glenda

James, Margot

James, Mrs Siân C.

Jamieson, Cathy

Jarvis, Dan

Johnson, rh Alan

Johnson, Diana

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, rh Mr David

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Mr Marcus

Jones, Susan Elan

Kane, Mike

Kawczynski, Daniel

Keeley, Barbara

Kendall, Liz

Kennedy, rh Mr Charles

Kwarteng, Kwasi

Lamb, Norman

Lammy, rh Mr David

Lancaster, Mark

Latham, Pauline

Laws, rh Mr David

Lazarowicz, Mark

Leadsom, Andrea

Lee, Jessica

Lee, Dr Phillip

Leech, Mr John

Lefroy, Jeremy

Leigh, Sir Edward

Leslie, Charlotte

Leslie, Chris

Letwin, rh Mr Oliver

Lewell-Buck, Mrs Emma

Lewis, Brandon

Lewis, Mr Ivan

Liddell-Grainger, Mr Ian

Lilley, rh Mr Peter

Lloyd, Stephen

Llwyd, rh Mr Elfyn

Lopresti, Jack

Loughton, Tim

Love, Mr Andrew

Lucas, Caroline

Lucas, Ian

Luff, Sir Peter

Lumley, Karen

Macleod, Mary

MacNeil, Mr Angus Brendan

Mactaggart, Fiona

Mahmood, Mr Khalid

Mahmood, Shabana

Malhotra, Seema

Mann, John

Marsden, Mr Gordon

May, rh Mrs Theresa

Maynard, Paul

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McDonagh, Siobhain

McDonald, Andy

McDonnell, Dr Alasdair

McFadden, rh Mr Pat

McGovern, Alison

McGovern, Jim

McGuire, rh Mrs Anne

McIntosh, Miss Anne

McKechin, Ann

McKenzie, Mr Iain

McKinnell, Catherine

Meale, Sir Alan

Menzies, Mark

Metcalfe, Stephen

Miliband, rh Edward

Miller, Andrew

Miller, rh Maria

Milton, Anne

Moon, Mrs Madeleine

Mordaunt, Penny

Morgan, rh Nicky

Morrice, Graeme

(Livingston)

Morris, Anne Marie

Morris, David

Morris, James

Mosley, Stephen

Mowat, David

Mulholland, Greg

Munn, Meg

Munt, Tessa

Murphy, rh Paul

Murray, Ian

Murray, Sheryll

Murrison, Dr Andrew

Nandy, Lisa

Nash, Pamela

Newmark, Mr Brooks

Newton, Sarah

Nokes, Caroline

Norman, Jesse

O'Brien, rh Mr Stephen

O'Donnell, Fiona

Offord, Dr Matthew

Ollerenshaw, Eric

Onwurah, Chi

Opperman, Guy

Ottaway, rh Sir Richard

Owen, Albert

Paice, rh Sir James

Parish, Neil

Patel, Priti

Pawsey, Mark

Pearce, Teresa

Penning, rh Mike

Penrose, John

Perkins, Toby

Perry, Claire

Phillips, Stephen

Phillipson, Bridget

Pickles, rh Mr Eric

Pincher, Christopher

Pound, Stephen

Prisk, Mr Mark

Pugh, John

Raab, Mr Dominic

Randall, rh Sir John

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reed, Mr Steve

Rees-Mogg, Jacob

Reevell, Simon

Reeves, Rachel

Reid, Mr Alan

Reynolds, Jonathan

Rifkind, rh Sir Malcolm

Ritchie, Ms Margaret

Robathan, rh Mr Andrew

Robertson, Angus

Robertson, John

Robertson, Mr Laurence

Robinson, Mr Geoffrey

Rogerson, Dan

Rotheram, Steve

Roy, Lindsay

Ruane, Chris

Rudd, Amber

Ruffley, Mr David

Russell, Sir Bob

Rutley, David

Sanders, Mr Adrian

Sandys, Laura

Sawford, Andy

Seabeck, Alison

Sharma, Alok

Sharma, Mr Virendra

Sheerman, Mr Barry

Shelbrooke, Alec

Shuker, Gavin

Simmonds, Mark

Skidmore, Chris

Smith, rh Mr Andrew

Smith, Angela

Smith, Chloe

Smith, Henry

Smith, Julian

Smith, Nick

Smith, Owen

Smith, Sir Robert

Soames, rh Sir Nicholas

Spellar, rh Mr John

Stephenson, Andrew

Stevenson, John

Stewart, Iain

Stewart, Rory

Straw, rh Mr Jack

Streeter, Mr Gary

Stride, Mel

Stringer, Graham

Stuart, Ms Gisela

Stuart, Mr Graham

Stunell, rh Sir Andrew

Sturdy, Julian

Swales, Ian

Swayne, rh Mr Desmond

Swinson, Jo

Tami, Mark

Teather, Sarah

Thornberry, Emily

Thurso, John

Timms, rh Stephen

Timpson, Mr Edward

Tomlinson, Justin

Trickett, Jon

Turner, Karl

Twigg, Derek

Twigg, Stephen

Umunna, Mr Chuka

Uppal, Paul

Vara, Mr Shailesh

Vaz, Valerie

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Robin

Wallace, Mr Ben

Ward, Mr David

Watson, Mr Tom

Watts, Mr Dave

Weatherley, Mike

Webb, Steve

Weir, Mr Mike

Wharton, James

Wheeler, Heather

White, Chris

Whiteford, Dr Eilidh

Whitehead, Dr Alan

Whittaker, Craig

Willetts, rh Mr David

Williams, Hywel

Williams, Mr Mark

Williams, Stephen

Williamson, Gavin

Willott, Jenny

Wilson, Phil

Wilson, Mr Rob

Winnick, Mr David

Winterton, rh Ms Rosie

Woodcock, John

Woodward, rh Mr Shaun

Wright, David

Wright, Mr Iain

Wright, Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Harriett Baldwin

and

Gavin Barwell

Question accordingly negatived.