Counter-Terrorism and Security Bill — House of Lords, 2015-01-26
Topic: Mixed Topics
Brian Paddick (Liberal Democrats, Centre to centre-left): I am sorry, but I have not yet finished, noble Lords will be alarmed to hear Noble Lords have said that there is a gap in the capability of the security services and the police in terms of getting similar intelligence that they get from cell site analysis at the moment using mobile phones. My understanding is that the emergency legislation that this House passed towards the end of last year and the measures contained in this Bill, unamended, help to bridge that gap. Intelligence on who is communicating with whom at what time and where can be secured using the IP address provisions contained in the Bill, without the proposed amendments. I am not technically advanced enough to say whether that is the case; perhaps the Minister will be able to tell us whether, or to what extent, the gap that has been identified by other noble Lords will be filled by the Bill as it stands The noble Lord, Lord Blair of Boughton, talked about the significance of communications data. Again, my understanding is that the legislation, as put forward by the Government, is designed to fill that gap The noble Lord, Lord West of Spithead, then spoke about how the draft Communications Data Bill was kicked into touch for political reasons. If the noble Lord means a balance being achieved between human rights—the right to privacy and a private life—and the powers being given to the security services and the police, I would say that that is an absolutely legitimate political reason. On mass surveillance, if we are talking about internet service providers retaining web logs and information about every website visited by every individual based in the UK, so that the information can subsequently be accessed in a targeted way by the police and the security services, are we saying, if we accept these amendments, that that can be done simply by the security services or the police providing some legitimate reason why they want to access that information—without any judicial intervention or a judge deciding that there is a legitimate reason to access that data? Are we saying that that is what we want and accept People have made fun of the fact that the security services are not going to access where people have done their online shopping. But who in this House believed, when they passed the Regulation of Investigatory Powers Act, that the police would use that power to establish the identity of confidential press sources? If we pass this very broad legislation, how can we say that there will not be some reason found in the future for the police or the security services to use the legislation in a way we never intended for it to be used If noble Lords think that I am being party political, that is a matter for them. I was a police officer for 30 years. I encountered terrorism on a second-hand, rather than first-hand, basis. Unless we have the right balance between rights to privacy and powers for the police and security services, large swathes of communities in this country will no longer co-operate with the police and the security services. That will be an even greater loss of intelligence than any gap that currently exists in the powers of the police and the security services.