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Legislation X
Data Retention and Investigatory Powers Bill 2014-15

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Data Retention and Investigatory Powers Bill 2014-15 (394)

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Lead department / agency
Home Office
Type
Impact assessments
Date
7 September 2014
Reference
HO0126
House
House of Lords; House of Commons
Type
Public acts
Date
17 July 2014
Reference
CHAP 27 2014; 2014 c. 27

My Lords, I am grateful to the noble and learned Lord, Lord Hope, for tabling his amendment as it gives us a chance to talk about these issues. Perhaps he will not mind if I turn first to the noble Lord, Lord Davies of Stamford, and thank him for his...

Member
Lord Taylor of Holbeach (Conservative)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c714
House
House of Lords

Moved by

Lord Phillips of Sudbury

1: Clause 1, page 1, line 5, leave out “considers” and insert “believes”

Member
Lord Phillips of Sudbury (Liberal Democrat)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c707
House
House of Lords

My Lords, Amendment 1 is an amendment of modest pretensions, but I think it significant and worthy of the attention of the House. What it does is address the use of the word “considers” in Clause 1(1) and proposes that that word be replaced by the word “believes”. To make...

Member
Lord Phillips of Sudbury (Liberal Democrat)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 cc708-9
House
House of Lords

My Lords, I am grateful to my noble friend for tabling this amendment. He slightly wandered off it into more general objections, which he might have made at Second Reading yesterday.

On his particular amendment, the requirements in Clause 1(1) of the Bill respond to the European Court’s criticisms of the...

Member
Lord Taylor of Holbeach (Conservative)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 cc709-710
House
House of Lords

Before the Minister sits down—I am keen to have his response to this—if, as he now confirms, the Government think that there is no difference in meaning between “considers” and “believes”, why not have consistency between the language of RIPA and that of the Bill so as to avoid confusion...

Member
Lord Phillips of Sudbury (Liberal Democrat)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c710
House
House of Lords

If my noble friend had been listening to yesterday’s Second Reading debate, he would have understood that it was the view of the House in general, and certainly of the Government, that the review that will be undertaken will indeed look at RIPA and decide whether the terms stated in...

Member
Lord Taylor of Holbeach (Conservative)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c710
House
House of Lords

My Lords, I regret to say that I find that answer completely unsatisfactory. There is every reason in the world, I suggest, why we have commonality of language, particularly in clauses that expressly relate one to another. If it is felt after the review that the language of RIPA 2000...

Member
Lord Phillips of Sudbury (Liberal Democrat)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c710
House
House of Lords

Moved by

Lord Hope of Craighead

2: Clause 1, page 1, line 5, leave out “the requirement is” and insert “for objective reasons the requirement is strictly”

Member
Lord Hope of Craighead (Crossbench)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c710
House
House of Lords

My Lords, this amendment returns to a point that I raised yesterday at Second Reading. As the noble Lord, Lord Phillips, pointed out in moving his amendment, Clause 1(1) is crucial to the whole scheme in the Bill and it is extremely important to get the language of it right....

Member
Lord Hope of Craighead (Crossbench)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 cc710-2
House
House of Lords

My Lords, I rise to support the noble and learned Lord, Lord Hope, in his amendment. Before doing so, I hope that it may be in order to say a word of appreciation to the Minister—on my behalf, but I dare say that I am speaking also on behalf of...

Member
Lord Davies of Stamford (Labour)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 cc711-3
House
House of Lords

My Lords, I support the amendment of the noble and learned Lord, Lord Hope. After what he said yesterday I did some swotting last night. It is important for the legislation to get this sort of wording right. It is quite divisive legislation because of the speed at which it...

Member
Lord West of Spithead (Labour)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c714
House
House of Lords

My Lords, I also support the noble and learned Lord, Lord Hope of Craighead. At Second Reading, the noble and learned Lord made a compelling case for addressing the precise wording in the European Court judgment. With the greatest respect to my noble friend the Minister, his response to that...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c714
House
House of Lords

I thank the Minister for giving way. I was referring to paragraph 11 of the Constitution Committee’s report, which says:

“It is not clear why these provisions need to be fast-tracked … There is evidence that the Government have known of the problem for some time. The Joint Committee on the...

Member
Lord Davies of Stamford (Labour)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 cc714-5
House
House of Lords

I am sorry but I have to ask the noble Lord to read in Hansard what I have just said if he fails to be convinced as to why the Government are legislating now. I will leave it at that because I do not suppose that I will convince him...

Member
Lord Taylor of Holbeach (Conservative)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c715
House
House of Lords

My Lords, I rise in defence of the Minister because the Intelligence and Security Committee discussed this point with the director of GCHQ on Tuesday morning in the short time available. There have been developments since 2012 that have affected the attitude of the providers—for example, the activities of Mr...

Member
Lord Butler of Brockwell (Crossbench)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c715
House
House of Lords

My Lords, I rise briefly because I think that perhaps my noble friend Lord Davies has been misunderstood. I do not think that he doubts for one instant the emergency situation that necessitates this legislation. His argument is that the Government could have acted sooner. I will not enter into...

Member
Baroness Smith of Basildon (Labour)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c715
House
House of Lords

I will not argue with the noble Baroness if she wants to make that judgment of things. The Government have to make decisions for themselves on these issues and they do so in the knowledge of the facts, as the noble Lord, Lord Butler, explained to the House. The Government...

Member
Lord Taylor of Holbeach (Conservative)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 cc715-6
House
House of Lords

My Lords, having supported the Minister on the point made by the noble Lord, Lord Davies, may I now say to him that he is being unnecessarily negative about this? He has explained why he thinks the amendment is unnecessary, but he has not explained what the positive arguments are...

Member
Lord Butler of Brockwell (Crossbench)
Type
Proceeding contributions
Date
17 July 2014
Reference
755 c716
House
House of Lords