Results 21–40 of 3939 for speaker:Ben Wallace

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Meaning of “electronic data” and “excepted electronic data” (18 Dec 2018)

Ben Wallace: The amendment would make confidential journalistic data an excepted category for material for an overseas production order, meaning it cannot be sought using the powers in the Bill. The amendment goes further than what is currently in place under PACE. While confidential journalistic material is excluded material in PACE, it is accessible if certain access conditions are met. Under PACE, a...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Meaning of “electronic data” and “excepted electronic data” (18 Dec 2018)

Ben Wallace: While the Bill was based on some of the provisions in PACE, its powers extend to further offences, such as terrorism investigations. In the Terrorism Act 2000—the legislation that law enforcement agencies currently use for terrorism investigations—confidential journalistic material is not excepted data. The Bill creates a new power to obtain an overseas production order, drawing on...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Meaning of “electronic data” and “excepted electronic data” (18 Dec 2018)

Ben Wallace: I hear my hon. Friend’s point. The whole point of the Bill is to increase the speed of the process and smooth it. What we will come on to later is obviously that in this process there is notification for journalists; other people do not get notification. Journalists are brought into the process early on, so that they are able to make representations to a judge in a way that does not apply...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Meaning of “electronic data” and “excepted electronic data” (18 Dec 2018)

Ben Wallace: I am satisfied, and the court rules will also expand on that. I am satisfied that judges, who regularly come down not on the Government’s side, will take the Bill and scrutinise the requests properly. We have to go to a judge, so our law enforcement agencies cannot examine the information without going via the judiciary; it goes via the judiciary in this case. I have every faith that they...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: The hon. Gentleman is right on that. I cannot speak for the next Government, but the Bill is about our requests to our courts, and this Government would not enter into an agreement with a Government that went around oppressing the press and the media. Despite the fake news, this Government believe that journalism and the press are vital to exposing the truth, corruption and everything else,...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: First of all, the Bill is simply the docking station from here to there. It is not about international treaties—when we sign our treaties, we can dock them into the Bill. The principle of allowing a Government to negotiate without their hands narrowly tied about what they can discuss is important. Secondly, remember that—this probably comes down to how we would draft such a...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: Clause 1 is the meaty part of the Bill, and the Government have removed the amendment made in the Lords. I do not need to reiterate the importance of the Bill progressing in the way that we have tried to take it through. I have offered concessions throughout, as I have done elsewhere, and concessions are still on offer to Opposition Members, and indeed to Conservative Back Benchers. However,...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Meaning of “electronic data” and “excepted electronic data” (18 Dec 2018)

Ben Wallace: I hope I can put colleagues’ concerns to rest. The Bill does not provide for the acquisition of bulk data. The only means of acquiring bulk data is provided for in the Investigatory Powers Act 2016. The test in clause 4 of this Bill clearly sets out that the power to obtain an overseas production order is to make a targeted request for specific data. When applying for an overseas production...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: I understand that the Bill is not the most exciting piece of legislation, but after the first vote the Labour party lost three of its Committee members, who have gone off to do something else. The hon. Member for Wolverhampton South West, for example, has done a bunk—I shall go through the others as we proceed. [Interruption.] The Scottish National party is present in all its yellow glory....

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: I understand. I suspect that the wording just comes from the parliamentary draftsmen. Given no significant difference, as I am explaining, the wording was simply put in that way. As I was saying, that interpretation would be perverse, and it would have an impact not only on the prosecution but on the defence, given the duty on the police to exhaust avenues of inquiry even if they point away...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: The hon. Gentleman makes a valid point, and I recognise the slight difference between this amendment and amendments 13 and 14, in which he deals with confidentiality. First, as I pointed out earlier, hon. Members are talking about incoming requests for UK-held data, but the Bill relates only to the UK’s outgoing requests for electronic data held overseas. I completely accept the point that...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: The hon. Gentleman fails to recognise that there is no equality of arms here. Because of the creation and development of the internet, 90%-plus of the data we need is held in the United States. If it were 50:50 or 60:40, it would be different. The United States has been absolutely categorical with us that, should we adopt the principle of effectively telling it how to conduct its justice...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: We can debate that when we make the country-by-country treaty. That is the difference between this Bill and the treaty. The hon. Gentleman and his colleagues will have plenty of time to scrutinise the international treaties as they come before this House and the Lords under the process that has been well established. That is the time to scrutinise the decisions we have come to, and whether we...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: The hon. Gentleman says it is for the Government to argue about exceptional circumstances. Is he saying that a Government should always seek death penalty assurances and if they do not get them, there could be exceptional circumstances, or is he saying that there are no circumstances or no exceptional circumstances—no nothing—where they would be allowed to seek that?

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: I have listened to the SNP, and I am happy to look at further scrutiny of those decisions when we consider exceptional circumstances. The SNP, having been in government in Scotland for a long time, will know that Governments very occasionally encounter circumstances where they have to make difficult decisions. If the hon. Gentleman is looking for more scrutiny, we are absolutely happy to...

Public Bill Committee: Crime (Overseas Production Orders) Bill [Lords]: Making of overseas production order on application (18 Dec 2018)

Ben Wallace: I beg to move amendment 1, in clause 1, page 1, line 20, leave out subsections (5) and (6). This amendment removes subsections (5) and (6) from Clause 1 of the Bill. These subsections concern the designation of international agreements under section 52 of the Investigatory Powers Act 2016. It is a delight to serve under your chairmanship today, Mrs Moon. I thank hon. Members for having...

Written Answers — Home Office: Radicalism and Terrorism: Crime Prevention (18 Dec 2018)

Ben Wallace: This Government is committed to the Prevent programme. The Prevent Duty was introduced in 2015, alongside a duty for local authorities to operate Channel panels. We do not breakdown funding into specific projects. However, Prevent’s budget for the last three years was: 2015/16 - £42.8m 2016/17 - £37.7m 2017/18 - £45.5m Prevent is working and is successful. Prevent has made a significant...

Written Answers — Home Office: Cybercrime (17 Dec 2018)

Ben Wallace: The Computer Misuse Act (CMA) has undergone several amendments to ensure it keeps pace with the evolving threat, including most recently in 2015. The Home Office keeps the CMA under regular review to determine any potential benefits and drawbacks of legislative change, including through engagement with the cyber security sector.

Written Answers — Home Office: Hezbollah (12 Dec 2018)

Ben Wallace: It is Government policy not to comment on whether an organisation is or is not under consideration for proscription. A decision to proscribe an organisation must be based on a belief that it is concerned in terrorism as defined in the Terrorism Act 2000, and it must be proportionate.

Written Ministerial Statements — Home Office: UK Anti-Corruption Strategy – Year 1 Update (12 Dec 2018)

Ben Wallace: Today, I am publishing the first annual Update on the UK Anti-Corruption Strategy 2017-2022. The government committed to providing an annual written update to parliament on progress. The UK Anti-Corruption Strategy provides a framework to guide Government anti-corruption policies and actions and this Update highlights the action we have taken since its launch in 2017. It details the...


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