Counter-Terrorism (Statutory Instruments)

John Bercow Excerpts

Monday 16th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015, which was laid before this House on 4 March, be approved.

[Mr Speaker]

With this, it will be convenient to consider the following two motions:

That the draft Retention of Communications Data (Code of Practice) Order 2015, which was laid before this House on 4 March, be approved.

That the draft Authority to Carry Scheme (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.

[James Brokenshire]

Before I open the debate on the three statutory instruments, I should like to make a few remarks about the current threat related to Syria and the Government’s response to it. It has been reported that three young men were arrested at the weekend after attempting to travel from Turkey to Syria. This reflects the good working relationship that we have with the Turkish authorities. Hon. Members will understand that I cannot comment on the specifics because there is an ongoing investigation, but I will say that those seeking to travel to engage in terrorist activity in Syria or Iraq should be in no doubt that we will take the strongest possible action to protect our national security, including prosecuting those who break the law.

The Counter-Terrorism and Security Act 2015 brought forward important new powers to disrupt the travel of those seeking to engage in terrorism-related activity. That included introducing a strengthened authority to carry scheme; I will return to that when I speak to the Authority to Carry Scheme (Civil Penalties) Regulations 2015 in a few moments. Current events are a reminder of how important and relevant these counter-terrorism measures are.

It might help our consideration of these statutory instruments if I briefly outlined what the Government seek to achieve by them, and why we have brought them forward at this time. I would like to start by turning to the two communications data codes of practice. Communications data—the “who, where, when and how?” of a communication, but not its content—is crucial for fighting crime, protecting children and combating terrorism. The House will recall that last summer we enacted emergency legislation, the Data Retention and Investigatory Powers Act 2014, to preserve our data retention powers, and these codes are directly consequential on that legislation.

Communications data policy can broadly be split into two areas: acquisition and retention. Acquisition is carried out by relevant public authorities such as law enforcement agencies, while retention is carried out by communications services providers. The House will immediately see that these areas are linked; if data are not retained, they cannot be accessed.

The two codes of practice we are debating today—a revised acquisition code and a new data retention code—set out the processes and safeguards governing the retention and acquisition of communications data. They are intended to provide clarity and incorporate best practice on the use of the relevant powers, ensuring the highest standards of professionalism and compliance in this important aspect of law enforcement. We are bringing these codes forward now to ensure that the important safeguards within them, some of which follow concerns raised by the European Court of Justice judgment last year, come into force before Parliament rises.

Let me turn to one of the most important new safeguards in the acquisition code: that of access to journalistic material. As right hon. and hon. Members will know, the Interception of Communications Commissioner recently conducted an inquiry into police acquisition of journalists’ communications data. The measures in the revised code are intended to give effect to his recommendations, which were accepted straight away by the Government.

The acquisition code that we are debating stipulates that, in seeking to acquire communications data to identify or determine the source of journalistic information, law enforcement must use production orders under the Police and Criminal Evidence Act 1984 or its equivalents in Scotland and Northern Ireland. We are doing this because production orders require judicial approval. This will help to protect the freedoms that journalists enjoy in the UK.

Whenever law enforcement is seeking the communications data of a journalist to determine sources—this includes when police are seeking to confirm or corroborate other evidence of the identity of a journalist’s sources—the decision on the application will be made by a judge under PACE. However, that is only a stopgap until we can make the change through primary legislation in the next Parliament. We have therefore also published a draft clause that sets out how we would seek to enshrine the commissioner’s first recommendation in primary legislation.

--- Later in debate ---

[Stephen McPartland (Stevenage) (Con)]

rose—

[Mr Speaker]

Alun Cairns.

[Stephen McPartland]

I am grateful to the right hon. Gentleman for giving way—

[Mr Speaker]

Order. I beg the hon. Gentleman’s pardon. I blame myself; I was immersed in conversation. It was a case of mistaken identity. The hon. Gentleman is wearing a delightful white shirt, not a checked one. He is not Mr Cairns; he is indeed Mr Stephen McPartland. I apologise to the hon. Gentleman, and indeed to the other hon. Gentleman.

[Stephen McPartland]

Thank you, Mr Speaker.

I think the Minister has done an excellent job in bringing on side some of us who were not as supportive of these proposals as others, but I am still concerned about the number of organisations that will be able to use DRIPA to access information. Does the right hon. Gentleman know how many such organisations there are?