Investigatory Powers Bill

Chris Green Excerpts

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[Mr Alan Mak (Havant) (Con)]

It is a pleasure to follow my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). Having spoken on Second Reading, when I focused on economic cybercrime, and having followed the progress of the Bill, I want to make a few brief remarks on the first group of amendments, particularly Government new clause 5.

Privacy is the ability of an individual or a group to seclude themselves or information about themselves and thereby to express themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals, but they share common themes. It was not a Latinist, but the Colombian novelist and Nobel prize winner Gabriel García Márquez who once observed:

“Everyone has three lives: public, private and secret.”

However, we all know there are some in our society whose secrecy cannot be allowed to prevail and whose privacy cannot be a shield that allows crimes to be committed, whether those crimes are terrorism, child abuse, people trafficking or cybercrime.

There are people who, as my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) mentioned, attempt to hide from the rest of society behind passwords, encryptions and codes known only among themselves. Because of the speed of technological change, they are operating not just outside the law, but ahead of it. That is why the law must catch up, and the Bill, with the Government new clauses, will achieve such a goal.

If we are to enhance the law and to codify the powers that our security services need to keep us safe, we must ensure that the oversight regime is robust and satisfies the other watchdogs of our liberty—Parliament and the press. The Bill creates a world-leading oversight regime that brings together three existing commissioners and provides new powers and resources for a new independent Investigatory Powers Commissioner. Under the Bill, warrants must be subject to a new double lock in that they must be approved by the judicial commissioner before they can be issued by the Secretary of State.

Privacy is the mirror image of oversight, and the Bill and its amendments go very far in protecting individual rights. In particular, the Bill sets out the very specific circumstances in which the powers it provides for can be used. It makes clear the purposes for which those powers can be used, the overarching human rights obligation that constrains the use of those powers and whether each of the powers in the Bill is to be used in a targeted way or in bulk. The Bill goes on in that vein.

I believe that the Government have listened, acted and got the balance right between the powers necessary to keep us safe, the right to privacy of the individual and the oversight necessary to ensure that neither privacy nor safety is compromised. In conclusion, the Bill represents the pragmatic pursuit of safety in the modern age and an effective renewal of the law in the digital age. I urge the House to support its passage tonight and in the coming days.

[Chris Green (Bolton West) (Con)]

We know that, since 2010, the majority of security services’ counter-terrorism investigations have used intercepted material in some form to prevent those seeking to harm the UK and its citizens from doing so. It is vital that our security services are able to do their jobs well to maintain the operational capabilities of our law enforcement agencies and to prevent terrorism and other serious crimes. Living in the modern world with modern methods of communication, we must ensure our security services have the powers they need to keep us safe, while at the same time addressing privacy concerns and not inadvertently damaging the competitiveness of the UK’s rapidly expanding technology sector or communications businesses more widely.

I will not dwell on the privacy and oversight matters that so many right hon. and hon. Members have dealt with, but go straight on to the impact on the technological sector, which was covered by the Science and Technology Committee’s short inquiry on the Bill. One of the main concerns I heard from the technology sector in evidence sessions was the view that there needs to be more clarity about the extraterritorial application of the Bill and more consideration of its compatibility with the legislation of other nations. Failure to provide clarity will make it harder for the Government to achieve their own aim of delivering world-leading legislation. I am pleased that the Government have listened to the Committee’s concerns about industry, and that they intend to develop implementation plans for retaining internet connection records in response to the Committee’s recommendations.

In responding to the revised Bill, TechUK has praised the fact that the Government have responded to the criticism about ICRs. However, it has raised concerns that, despite that, no single set of data will constitute an internet connection record and that, in practice, it

“will depend on the service and service provider concerned”.

This highlights the difficulties that industry will face if required to generate and retain ICRs.

Although the Bill does not go as far as the Science and Technology Committee would have liked, by putting 100% of cost recovery into the Bill, the supporting documents reaffirm the Government’s long-standing position of reimbursing 100% of the costs. I am pleased that the Government have listened to the pre-legislative scrutiny that it and the Committees have provided.

In conclusion, although finding the balance between privacy and security is not an easy task, I believe that Britain needs to put in place this legislation to bring together powers, which are already available to law enforcement agencies and the security and intelligence agencies, to protect the British people and to ensure our security services have the tools to keep us safe in modern Britain.

[Simon Hoare]

It was my pleasure to serve on the Bill Committee for most of its sittings. I put on the record my thanks to my right hon. Friend the Member for Chelmsford (Sir Simon Burns) for taking my place when I had to leave the Committee.

It is always with some reluctance, if not trepidation, that I raise a question on a point made by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), not only because I am not right honourable, but because I am not learned, as I am not a lawyer. When my hon. and learned Friend the Solicitor General sums up, I invite him to try to address a concern that is exercising my mind, about a possible unforeseen consequence of new clause 2, namely the confliction and conflation of judicial and Executive oversight. My view is that those two things are best kept entirely separate. I fear that it may be an intended, or, as I would hope, an unintended consequence of what my right hon. and learned Friend the Member for Beaconsfield has suggested that the two might merge in a rather unsatisfactory and possibly even anti-democratic way.

Oral Answers to Questions

Chris Green Excerpts

Monday 22nd February 2016 Commons Chamber

[Mr Speaker]

I am glad that even on this most solemn of matters, the right hon. Gentleman has been able, as always, to provide us with a poetical flourish.

[Chris Green (Bolton West) (Con)]

T1. If she will make a statement on her departmental responsibilities.

[The Secretary of State for the Home Department (Mrs Theresa May)]

Last week, I was in Washington at the five-country ministerial with my counterparts from the United States, Canada, Australia and New Zealand to discuss the threat we all face from extremism and terrorism—a threat that is real and growing. In 2014, Daesh in Syria and Iraq directed, inspired or enabled some 20 attacks in other countries worldwide. In 2015, there were almost 60 such attacks, as well as more than 200 attacks carried out by Daesh branches including those in Libya and Egypt.

This is a fight that cannot be won by acting in isolation. It is a global threat, which requires a global response. We must be more open to sharing intelligence with our partners and more proactive in offering our expertise. We must work at an international level to counter the twisted narrative peddled by Daesh and other terrorist organisations, and we must organise our own efforts more effectively to support vulnerable states and improve their ability to respond to the threat from terrorism. At the five-country ministerial, we made commitments to strengthen information sharing, enhance efforts to prevent the movement of terrorists and encourage social media companies to work more with Governments. This is the challenge of our generation, and it is one that we will win by working together.

[Chris Green]

I thank my right hon. Friend for her answer. Does she agree that the creation of the police and crime commissioner role was a great step in the right direction, and that it ought to change radically in future and take on more responsibilities?

[Mrs May]

I absolutely agree with my hon. Friend. It was important to create the role of a directly elected individual who is accountable to the public for local policing, but we called such individuals police and crime commissioners precisely because we wanted to see the role evolve. My right hon. Friend the Justice Secretary and I are already in discussion about how the role might evolve in relation to the rest of the criminal justice system.

Oral Answers to Questions

Chris Green Excerpts

Monday 6th July 2015 Commons Chamber

[Victoria Atkins (Louth and Horncastle) (Con)]

11. What steps her Department is taking to tackle extremism.

[Chris Green (Bolton West) (Con)]

14. What steps her Department is taking to tackle extremism.

[The Secretary of State for the Home Department (Mrs Theresa May)]

The terrible events in Tunisia show the importance of our work to defeat terrorism and extremism at home and overseas. We have already increased counter-terrorism funding, and last week a new duty came into effect on public servants to tackle radicalisation. We are determined to go further, and our counter-extremism strategy will set out a wide-ranging response, part of which will be implemented by the forthcoming counter-extremism Bill. Together, we must defeat these pernicious and poisonous ideologies.

--- Later in debate ---

[Mrs May]

I thank my hon. Friend for raising that issue, and she is absolutely right. Our counter-extremism strategy will tackle extremism in all its forms, not just Islamist extremism but, for example, neo-Nazi extremism. I am sure we are all of one view that the anti-Semitic and anti-Muslim hatred that neo-Nazis perpetrate is evil and wicked, and that we must do something about it.

[Chris Green]

Preachers of hate want to foster a victim mentality in our community that they can then exploit. What is the Secretary of State doing to remove their platform?

[Mrs May]

There is not a simple answer to that issue, which is why the counter-extremism strategy will be comprehensive and will work across various aspects of Government. This is not just about government; we want to work with communities and society to ensure that we develop more support for, and understanding of, the values that we share. We need to promote those values and ensure that those who seek to divide us are not able to do so.