Wilson Doctrine — House of Commons, 2015-10-19
Topic: Law and Crime
Christopher John Bryant (Labour, Centre-left): Of course, the hon. Gentleman is absolutely right. It is perfectly possible that changes have been made previously, but we cannot judge that. All we can judge is the decision of the IPT, which has been able to review substantially more evidence than this House would ever be able to review and concluded that "changes in the Doctrine" have resulted in its operation as it is now. I suspect that it would be impossible for us ever to know whether changes were made prior to this Government taking office, but we certainly know that the doctrine as previously espoused by every Prime Minister since Wilson is not that which is in operation under the present Home Secretary. In other words, the Wilson doctrine has no legal effect. It is no longer in force. It is no more than a self-denying ordinance that could easily be rescinded and has already been ignored, all without notifying Parliament It is clear that the situation is unsatisfactory and I believe that it is time that the Government were straight with the House, so let me ask the Home Secretary some simple questions. What did she mean when she said that the Wilson doctrine "obviously" applies to parliamentarians? Will she now finally admit that the Wilson doctrine is no longer? Will she tell us when she resolved to change the Wilson doctrine? Was there any discussion of these changes at Cabinet, as notified in the IPT judgment? Will she tell us how often warrants have been issued for the targeted interception of parliamentarians’ communications? Has she issued such warrants herself, and did she have any direct correspondence with the Prime Minister about this Let me be clear that I am not calling for individual warrants or interceptions to be identified. It is a long-standing policy of both parties of government that we will not comment on individual applications for interception. Indeed, it is an offence under RIPA to reveal that information. Neither do we want the operational security of ongoing investigations to be undermined, but we need to know the truth about whether parliamentarians have been spied on, and on what authority that happened Let me end by laying out the parameters for a possible new Wilson doctrine. First, there may be situations when it is necessary for a parliamentarian’s communications to be intercepted in the interests of securing the nation and preventing serious criminality. MPs cannot ever be above the law, but our democracy cannot function properly without the freedom of MPs to communicate with their constituents, whistleblowers, or the wider public without fear of interception. Just as, in the interests of a free press and a sound justice system, journalists and lawyers are granted enhanced protection from warranted surveillance, the legal presumption should be that parliamentarians are not to be targeted, nor their metadata interrogated, without good cause. That means that, as the Anderson report of the investigatory powers review, "A Question of Trust", concluded, a judge, not a politician, should make the decision on a warrant. It means that the bar for granting a warrant should be high. Agencies should be required to show due cause and specific suspicion of serious criminality.