Data Retention and Investigatory Powers Bill (Business of the House)

Brian H. Donohoe Excerpts

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

There is a risk in relation to co-operation on the use of the powers; indeed, there may be legal challenge. The House must face up to the prospect that the powers we use—they are constantly used by our law enforcement agencies—are at potential risk, and we are seeking to address that risk through the Bill this afternoon.

That is why the Government have decided that a fast-track process is appropriate. We have not done so lightly; we would not consider the Bill in this way unless we thought that there is a real risk to such capabilities. We believe that the issues have reached a dangerous tipping point, and that we must act now. If we do not enact the Bill before the summer recess, we face the real prospect of a serious degradation in the ability of our law enforcement and intelligence agencies to investigate crime, preserve national security and protect the public. That is why the Bill requires a fast-track approach.

The motion provides for some nine hours of debate on the Bill. If the House approves the motion, we will move directly to the debate on Second Reading, which will take us to no later than 5 pm. The Committee of the whole House will follow until 9 pm, with the debate on Third Reading concluding no later than 10 pm. The motion also provides for programming of the later stages of the Bill in this House on consideration of Lords amendments.

I fully appreciate the restrictions that today’s timetable imposes. However, given the very specific issue that the House is being asked to consider, we are satisfied that the House—and, in due course, the House of Lords—will have sufficient time to scrutinise the Bill properly. I remind right hon. and hon. Members that the Bill does no more than maintain the status quo, and that it contains a termination provision, meaning that it will lapse at the end of 2016. I welcome Opposition Front Benchers’ continued support for expediting the Bill.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Why will the Minister not extend the Bill’s provisions only to the autumn, when there could be a full and long debate and more time could be spent looking at the whole situation? Why does it go on to 2016?

[James Brokenshire]

I am sure that we will have plenty of opportunity to discuss the issues of timing and of why we judge it appropriate that the sunset or termination clause is until 2016. We will get to that debate, but simply seeking a limited period would pressurise the House into making substantive decisions without knowing the impact or import of the review that we have asked David Anderson, the independent reviewer of counter-terrorism legislation, to inform. The House will have the time and space to consider the issues properly, given that the Bill is simply to maintain the position—the status quo ante—in respect of capabilities for the retention of communications data and interception powers.

I hope that the whole House understands the need for fast-tracking the Bill and will therefore support the motion.