Counter-Terrorism and Security Bill — House of Lords, 2015-01-26
Topic: Mixed Topics
Frederick Butler (Crossbench, Unknown): My Lords, I sense that the House probably wants to come to a conclusion, so I will not delay noble Lords long. Very powerful speeches have been made both in favour of the powers in these amendments and against them. But I note that the speeches that have been made against have been made against these particular amendments—the ones that were taken out of the draft communications data Bill. Something else has happened in the mean time. An admirable process was followed on this Bill. It was submitted to a Joint Committee and that committee reported on it and its defects. The Intelligence and Security Committee also considered the Bill with classified evidence and we similarly identified some defects. Since then, a revised Bill has been prepared. The noble Lords, Lord Blencathra and Lord Armstrong, have seen that Bill and they consider that it meets 95% of the criticisms that were in the original Bill. I think that the noble Lord, Lord Blencathra, went so far as to say that if those clauses had been presented he would not have objected to them There is therefore a Bill waiting. The urgency has increased. The threat is now much higher. If the Government consider that this is a serious threat—they say that they do—it is their duty to produce that Bill and take action on it quickly if that can be done before the election. The arguments that have gone against these amendments do not go against taking that course The noble Baroness, Lady Lane-Fox, made another powerful argument, which was that if legislation were hastened it would create resentment and possibly opposition among the people whom we need to carry with us. But I disagree with her in this respect. She said that that may accelerate the bad people going to the dark web, but I think they will go there anyway. We are dealing with very sophisticated people. The argument that she makes simply underlines the fact that we are running behind the development of technology. The fact that we cannot go all the way to dealing with it should not prevent us doing what we can. That is an urgent matter The House will not be surprised to hear that I could not find myself in agreement with a lot of the things said by the noble Baroness, Lady Jones, but in one respect I do agree with her. What worries me most is the cost of this legislation, which, if I recall rightly, is put at £1.6 billion. That is money that could be well used on other aspects of the Prevent process. I am torn about whether this is the best use of the money. But I take the view—the noble Lord, Lord West, argued about being hard-nosed with the providers—that it ought to be a duty of the providers to retain these records. It is not something that the taxpayer ought to pay for. The providers make a great deal of money out of these services. If they are required to keep these records at a cost, they may bid a little less for the licences, but I am prepared to take that risk. It should be a condition of the licences that records of this sort should be retained which can be consulted My final point underlines something said by the noble Lord, Lord Armstrong. We are not talking about the Government or the authorities holding these records. If people are writing to Alcoholics Anonymous, the Government will not have access to that information. They will access these records only when they are looking for people they have reason to believe are preparing terrorist acts or serious crimes. People who are going to Alcoholics Anonymous have no serious cause to be concerned.