A proposed new law regulating investigatory powers in the UK was passed by the House of Commons this week. The Investigatory Powers Bill clarifies the powers available to the police, security and intelligence services to gather and access communications and communications data, subject to strict safeguards and oversight arrangements. The draft legislation was examined by three Parliamentary committees, and subsequently revised to reflect the majority of their recommendations.
I have taken a close interest in this issue, and served as a member of the joint committee of MPs and Lords that studied the draft Bill, and on the subsequent House of Commons Committee that looked at the current proposals. I’m proud to have played a part in supporting this new law, which is vital for ensuring our law-enforcement agencies and intelligence services have the powers they need to keep us safe. As I said in the debate, these are unsung heroes, but the work they do matters now more than ever.
Replying to the debate, the Security Minister, John Hayes MP, praised Suella for her work on the Bill. He told the House of Commons:
‘I congratulate my hon. Friend the Member for Fareham on the role she played both on the Joint Committee and the Bill Committee. The threat she described so vividly is, as she said, worldwide and of a kind that would allow us to do nothing other than take the necessary steps to counter it in the defence of our freedoms.’
The Bill includes tighter technical definitions and strict codes of practice setting out exactly how the powers will be used, as well as stronger privacy safeguards. In addition, and in direct response to the Joint Committee, the Government has also published an operational case for bulk powers as set out by the security and intelligence agencies - giving unprecedented detail on why they need their existing powers and how they are used.
Speaking in the Commons this week, I gave the new law her backing. I cited the history of British codebreakers in wartime as an example of how such powers are used to safeguard national security. I said:
‘These powers are not novel or a quirk of the modern age; they have been around for decades. Back in World War One, our intelligence services tracked the worldwide network of German cables under the sea by using secret sensors. They were able to intercept telegraph messages on a bulk basis, looking for patterns in communications and signals from the enemy. When cables ended, radio surveillance was necessary to break codes during World War Two. That involved bulk interception of data by hand. That work was famously based at room 40 of the Admiralty. Alan Turing and his team at Bletchley Park would never have cracked Enigma were it not for the bulk interception of cyphers. That advanced cryptanalysis changed the course of history by enabling the allies to pre-empt enemy planning, saving countless lives and shortening the war.’
Concluding, I summarised my support by highlighting the new threats to the UK:
‘The terrorists, the paedophiles and the serious fraudsters all scheme in cyberspace these days. Technology that empowers us also, sadly, empowers them. Yes, we want world-class encryption and privacy, but we also want world-class security. We should trust the skill and restraint of those unsung heroes—the analysts, the cryptographers, the mathematicians and the codebreakers—who have used their genius to safeguard our security and who have maintained confidence and discretion in relation to the secrets they have seen.
‘We, as elected Members, have a duty to explain their role to the public, but we must also trust their judgment, which is subject to weighty safeguards, checks and balances. These people have proved their heroism in our moments of need throughout history. Let us not further tie their hands and just hope that our enemies, who are plotting night and day to destroy our societies, do not, by chance, hit us; instead, let us empower our agencies.’
The Bill passed its final, ‘Third Reading’ stage in the House of Commons with cross-party support from the Labour Party, being supported by 444 votes to 69 against.
A link to the debate, and to my contribution, is at https://hansard.parliament.uk/Commons/2016-06-07/debates/16060732000001…
More information about the Bill is available at: http://services.parliament.uk/bills/2015-16/investigatorypowers.html
My article on the Bill in The Daily Telegraph: http://www.telegraph.co.uk/news/2016/06/08/britains-spies-can-now-keep-fighting-our-enemies-in-the-digital/