New Clause 12 - Interception of communications (No. 4)
Serious Organised Crime and Police Bill
9:30 am
Mr Jonathan Djanogly (Shadow Minister, Home Affairs; Huntingdon, Conservative)
I congratulate my hon. Friend the Member for Sutton Coldfield on his lucid and persuasive speech. It seems as though our policy on allowing evidential use of intercept material is inconsistent, irrational and impractical. Why has the Home Office still not completed its review of the topic, which would have allowed suitable measures similar to the Conservative amendment to be included in the Bill? The ''One Step Ahead'' White Paper of March 2004 expected the review to be complete by June 2004, and it was referred to by the then Home Secretary as part of his series of anti-terrorism legislation in November 2004. The Home Office itself said, in its summary of responses to the same White Paper, that most respondents were supportive of the measure.
Even Liberty does not support the present total ban on use of intercept material. It said in August 2004 that
''there are no fundamental civil liberties or human rights objections to the use of intercept material, properly authorised by judicial warrant, in criminal proceedings.''
The organisation cannot see the reason for the present distinction between intercept material that is banned and evidence from bugging, surveillance and eavesdropping that can be admitted, even if not authorised. Foreign intercepts can be used if obtained, Liberty says. Only the UK and Ireland maintain a total ban on intercept materials.
New clause 12 might not be the perfect answer, but I certainly support my hon. Friend in saying that we are being left behind other countries on a vital issue of national security. In November 2004 my right hon. and learned Friend the Member for Folkestone and Hythe (Mr. Howard) accused the Government of being ''all talk'' on intercepts, and said that, despite the Home Secretary setting out that weekend a series of anti-terrorism measures including juryless trials and the use of wire-tap evidence in criminal trials, there was no legislation in the speech to provide for them. He described them as
''a Government who say that protection from terrorism is a priority, but not yet . . . There can be no better example of the Government's pre-occupation with talk, spin and newspaper headlines.''—[Official Report, 23 November 2004; Vol. 428, c. 19-20.]
I hope that today we will hear some positive news from the Minister. It is time for action.