{"id":44895,"date":"2014-07-11T10:08:14","date_gmt":"2014-07-11T10:08:14","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=554a2a1eec25106a81d3fea70bd93071"},"modified":"2014-07-11T10:08:14","modified_gmt":"2014-07-11T10:08:14","slug":"speech-pm-and-deputy-pm-speech-on-emergency-security-legislation","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=44895","title":{"rendered":"Speech: PM and Deputy PM speech on emergency security legislation"},"content":{"rendered":"<div class=\"govspeak\">\n<h2 id=\"prime-minister\">Prime Minister<\/h2>\n<p>Good morning. As Prime Minister, my first duty is to protect our national security, and to act quickly when that security is compromised. <\/p>\n<p>In recent weeks there have been 2 developments that require urgent action. First, the European Court of Justice has struck down legislation that enables telephone and internet companies to hold data for security purposes. This means that unless we act now, companies will no longer retain the data about who contacted whom, where and when, and we would no longer be able to use this information to bring criminals to justice, and to keep our country safe. <\/p>\n<p>Now, let me be clear. I am not talking about the content of those communications, just the fact that those communications took place, the so called \u2018communications data\u2019: information about who contacted whom, when and where. This is at the heart of our entire criminal justice system. It is used in 95% of all serious organised crime cases handled by the crown prosecution service. It has been used in every major Security Service counter terrorism investigation over the past decade, and it\u2019s the foundation for prosecutions of paedophiles, drug dealers and fraudsters. For example, without mobile phone call logs the killers of Rhys Jones and the men who groomed young girls in Rochdale would not have been convicted.<\/p>\n<p>Now, the second, entirely separate, development concerns the legal framework to underpin those very specific instances where telephone and internet companies work with government to share the actual content of communications. Listening to someone\u2019s phone calls or reading their emails is an extremely serious thing to do. So let\u2019s be absolutely clear about the very strict circumstances under which this happens, and the clear framework of accountability that we have in our country. <\/p>\n<p>The case for a warrant has to be made based on threats to our national security, or serious criminal activity. The request \u2013 the request to access data has to be necessary and proportionate with that risk. Warrants have to be signed off personally by a Secretary of State; they are reviewed by the independent Commissioner, who is a senior judge. And of course all the work of our security services is overseen by Parliament\u2019s newly strengthened Intelligence and Security Committee (<abbr title=\"Intelligence and Security Committee\">ISC<\/abbr>).<\/p>\n<p>Sometimes in the dangerous world in which we live we need our security services to listen to someone\u2019s phone or read their emails to identify and disrupt a terrorist plot. As Prime Minister, I know of examples where doing this has stopped a terrorist attack. We rely on the assistance of telephone and internet companies. <\/p>\n<p>Some companies are now questioning whether there\u2019s a legal basis for them to share the content of data with government when their company is not based in the United Kingdom. We\u2019ve always maintained that the law requires this wherever a company is based, but there is now a real risk that legal uncertainty will reduce companies\u2019 willingness to comply with UK law even where they would wish to support us in the fight against terror, child abuse or other serious crimes.<\/p>\n<p>Some companies are already saying they can no longer work with us unless UK law is clarified immediately. So failure to act now would fundamentally undermine our capability to counter a range of threats to the safety of our citizens, and I will not stand by and let that happen. So we\u2019re going to introduce emergency legislation to preserve these 2 vital capabilities: <\/p>\n<ul>\n<li>first, the capability for telephone and internet companies in the UK to retain data on who contacted whom, when and where, essentials to so many prosecutions at the heart of our criminal justice system<\/li>\n<li>second, the capability for such companies who offer services to UK customers to assist in specific UK national security or criminal investigations, regardless of where in the world these companies are based<\/li>\n<\/ul>\n<p>These capabilities can only be restored through legislation, and this must be done quickly, before companies stop retaining the data, and before companies stop sharing the vital information that we need. So Parliament will consider this legislation before the summer break. I\u2019m determined to proceed on a cross party basis. The Home Secretary will be making a statement to the House of Commons later this morning, and there\u2019ll be a full debate on the floor of the House next week.<\/p>\n<div class=\"call-to-action\">\n<p>Read a statement made by the <a href=\"https:\/\/www.gov.uk\/government\/speeches\/communications-data-and-interception\">Home Secretary on communications data and interception<\/a> in the House of Commons.<\/p>\n<\/div>\n<p>Of course, at the same time as acting to restore these capabilities it is vital that we always ensure we get the right balance between protecting our people and preserving the right to privacy. So in restoring these powers, I\u2019m building on the existing measures to introduce more safeguards and transparency over how these powers are used. And while we have to take these measures to restore existing capabilities immediately, I want this to be the beginning of a wider, more substantive debate in the next Parliament about the powers we need to protect our people in an era when technology continues to evolve.<\/p>\n<p>Let me briefly take each of these points in turn. First, on additional safeguards, when it comes to that communications data it\u2019s not just government that needs this information: for example, it\u2019s local authorities who use it to protect the vulnerable; the ambulance service who use it to trace an emergency call when the mobile calling them loses reception or gets cut off. <\/p>\n<p>But there are a number of bodies who have, for many years, had access to this data without the same obvious need, and it is time for that to change. So the Deputy Prime Minister and I propose to limit the number of public bodies which are able to make requests to access communications data through legislation in the autumn. As a result, organisations like the Royal Mail, the Charity Commission and the Pensions Regulator are among more than a dozen bodies that will lose access to this data, whilst others will face additional screening before their requests for data are agreed.<\/p>\n<p>Second, to ensure that we strike the right balance between security and privacy, we\u2019ll build on the work of the <a rel=\"external\" href=\"https:\/\/terrorismlegislationreviewer.independent.gov.uk\/\">Independent Reviewer of Terrorism Legislation<\/a> by creating a new Counter Terrorism, Privacy and Civil Liberties Board to scrutinise government policy and legislation. <\/p>\n<p>Third, a number of overseas companies have asserted that their ability to work with the UK government is being severely constrained by international conflicts of jurisdiction. For example, where they think they have a British law saying that they should share data, and an American law saying that they shouldn\u2019t. So we intend to appoint a senior diplomat to work with America and other countries to address these concerns and ensure that lawful and justified transfer of information across borders takes place to protect our people\u2019s safety and security.<\/p>\n<p>Finally, we\u2019ll take additional steps to improve transparency by publishing an annual transparency report, which will set out in greater detail how many warrants are authorised each year, and for what purpose, and with what effect. The steps we\u2019re taking today are not about new obligations for phone and internet companies, nor any new intrusions on civil liberties. They are about restoring and maintaining capabilities that are vital to our national security. <\/p>\n<p>As you know, I proposed a new Bill on Communications Data in the last Parliamentary session. That Bill would have extended our capabilities to new internet technology, and I want to be clear with you: none of those measures are being introduced here today. This is merely about plugging holes in our existing legislation to maintain these vital capabilities. <\/p>\n<p>But I do believe we should have a debate about our long term approach to maintaining vital security capabilities as technology develops. So the Deputy Prime Minister and I, with the support of the Leader of the Opposition, have invited David Anderson to lead a comprehensive review of the capabilities our security and intelligence agencies need, and the safeguards that govern their access to private communications.<\/p>\n<p>We will then establish a joint Parliamentary committee to review the legislation and to report after the election so it can inform that debate. And we are proposing a termination clause on the emergency legislation that you can see today that will preserve our powers up until the end of 2016, and only up until then, and that will force a proper debate in the next Parliament. <\/p>\n<p>Now, we face real and credible threats to our security from serious organised crime, from the activity of paedophiles, from the collapse of Syria, the growth of ISIS in Iraq and Al Shabaab in East Africa. And I\u2019m simply not prepared to be a Prime Minister who has to address the people after a terrorist incident and explain that I could have done more to prevent it. <\/p>\n<p>Our police and our security services do an often unsung and truly incredible job, regularly putting themselves in grave danger to protect us from these threats. As Prime Minister I would always ensure that they have the tools to do the job to keep the country safe today and in the years to come.<\/p>\n<p>Thank you. The Deputy Prime Minister is now going to speak about this issue as well.<\/p>\n<h2 id=\"deputy-prime-minister\">Deputy Prime Minister<\/h2>\n<p>Thank you. <\/p>\n<p>As a Liberal Democrat I believe that successive governments have neglected civil liberties as they claimed to pursue greater security. But I will not stand idly by when there is a real risk that we will suddenly be deprived of the legitimate means by which we keep people safe. Liberty and security must go hand in hand; we can\u2019t enjoy our freedom if we are unable to keep ourselves safe. <\/p>\n<p>So I wouldn\u2019t be standing here today if I didn\u2019t believe there is an urgent challenge facing us.  No government embarks on emergency legislation lightly, but I have been persuaded of the need to act, and to act fast. As the Prime Minister has set out, we face the very stark prospect that powers we\u2019ve taken for granted in the past will no longer be available to us in the coming weeks. <\/p>\n<p>Now, much of this might sound like a lot of technical, legal issues, but communications data and lawful intercept are now amongst the most useful tools available to us to prevent violence and bloodshed on Britain\u2019s streets. There are multiple plots that we rely on our police and agencies to stop. You will remember the plot to detonate liquid explosives on multiple transatlantic flights in 2006 and there are lots of other examples. <\/p>\n<p>Vital to the work of the police and the agencies is lawful intercept, which allows them to look, under warrant, at specific communications between individuals, who may be planning plots of this time, and without retained communications data, we wouldn\u2019t, for example, be able to piece together the web of relationships between members of the organised crime gangs responsible for trafficking drugs and vulnerable children and adults into our country.<\/p>\n<p>I\u2019d like to make 3 further points:<\/p>\n<ul>\n<li>first, and crucially, this bill has nothing to do with the so called \u2018Snooper\u2019s Charter\u2019. That was a Home Office proposal to store every website you\u2019ve ever visited for a whole year. I blocked that last year and I\u2019ve blocked every further attempt to bring it back. <\/li>\n<li>second, as I touched on earlier, this is about maintaining existing capabilities, not creating new powers. The legislation will restore the data retention powers we had before, but amend the law to do it in a more proportionate way. And it will help companies which currently provide assistance with UK intercept warrants to continue to do so<\/li>\n<li>third, I have only agreed to this emergency legislation because we can use it to kick-start a proper debate about freedom and security in the internet age. A debate the Liberal Democrats have been calling for, for a long time. In the post Snowdon age, people are, rightly, demanding to know more about what the state does on our behalf. There are fundamental questions to be asked about the scope of existing powers; about whether the Regulation of Investigatory Powers Act (<abbr title=\"Regulation of Investigatory Powers Act\">RIPA<\/abbr>) has kept pace with technology; about how nation states grapple with a global internet; and about how we continue to protect security, privacy and liberties while safeguarding our security. <\/li>\n<\/ul>\n<p>We can\u2019t answer those big questions on the hoof, and that is why I\u2019ve insisted that the legislation only extends the existing powers for a temporary period. We\u2019ve inserted a termination clause in the Bill that means the legislation falls at the end of 2016, so the next government is forced to look again at these big issues. We\u2019re giving ourselves the time we need to look at all these issues in a considered way. <\/p>\n<p>We will do that in the first instance by asking the independent reviewer of terrorism legislation to carry out a review of our communications data and intercept laws. Then, starting early in the next parliament, all 3 party leaders will commit to a full parliamentary review of <abbr title=\"Regulation of Investigatory Powers Act\">RIPA<\/abbr>, leading to proposals for an updated and reformed approach in 2016. <\/p>\n<p>This is exactly the approach I\u2019ve been advocating for months, and the reason why I asked the Royal United Services Institute (<abbr title=\"Royal United Services Institute\">RUSI<\/abbr>) to set up their own expert panel back in March. And I\u2019m pleased that the work of <abbr title=\"Royal United Services Institute\">RUSI<\/abbr> will now be accompanied by other reviews looking at every aspect of these issues. <\/p>\n<p>On the question of the application of the law to foreign service providers, I don\u2019t believe the Bill we\u2019re putting forward today presents the whole solution. There are broader issues around how the authorities in one country access data which is held in different legal jurisdictions. We need to discuss these legal complexities between governments, and that is why we will be appointing a senior former diplomat to lead discussions with the American government and the internet companies to put these issues on a more stable footing through an international agreement. <\/p>\n<p>At the same time, we will introduce new checks and balances to protect privacy and civil liberties for the future. We will establish for the first time, as the Prime Minister has said, a Privacy and Civil Liberties Oversight Board on the American model to ensure that civil liberties are properly considered in the formulation of government policy on counter terrorism.<\/p>\n<p>And finally, we will take practical steps to improve the accountability and transparency of our laws. We will radically cut the number of public bodies who have the right to approach phone and internet companies for your data. I don\u2019t believe, for example, that local councils should unilaterally be able to access your communications data. From now on, councils will need to justify their requests first to a central body, and then a magistrate, and will not be able to approach phone and internet companies directly. <\/p>\n<p>We will also for the first time publish regular transparency reports, listing new details about exactly how many warrants are issued, by whom, and for what purposes. The public will know more about how and why surveillance powers are administered on their behalf than ever behalf. <\/p>\n<p>We have been working on this on a cross party basis, and I want to thank not only the Prime Minister, but also the Leader of the Opposition for his cooperation in achieving a balanced package which restores necessary powers while at the same time taking big new steps to defend our civil liberties. <\/p>\n<h2 id=\"prime-minister-1\">Prime Minister<\/h2>\n<p>Thanks very much. We\u2019ve got some time for questions. We\u2019ll start with Nick Robinson. <\/p>\n<h2 id=\"question\">Question<\/h2>\n<p>Thank you very much indeed. Nick Robinson, BBC News. One on the practicalities and one on the approach, if I may. <\/p>\n<p>How is this different from what some people may regard as state sponsored phone and email hacking in practical terms?<\/p>\n<p>And then, does history not warn us to be very suspicious of politicians who say: \u201cWe all agree; there\u2019s an emergency. We have to legislate in haste. Don\u2019t worry your heads; it\u2019s all going to be fine\u201d?  Shouldn\u2019t people be rightly suspicious of any politician who says that to them?  <\/p>\n<h2 id=\"prime-minister-2\">Prime Minister<\/h2>\n<p>Okay, well let me \u2013 let me try the first part first. The government has had the power to do 2 vital things. First of all, to make sure that you can find out who has called whom, when, and where from, in order to test someone\u2019s alibi, in order to solve a serious crime. And as I put it, in 95% of serious crimes, that power has been absolutely vital.<\/p>\n<p>Now, we are not legislating to extend that. We are not legislating to extend it into new areas of technology. We are simply saying that the right of law enforcement agencies to be able to look at that communications data \u2013 who called whom, and when \u2013 should continue into the future. And if we don\u2019t do anything, the danger is those mobile phone companies and other telephone companies will destroy that data. So this is not new \u2013 this is not a new power that the government is giving itself. It is to make sure we can go on solving those vital crimes. <\/p>\n<p>In terms of your question about, you know, \u2018Should the public be worried?\u2019  I think the public should be worried if we didn\u2019t act. As Prime Minister, I am standing here and saying very clearly that if we don\u2019t do anything, our ability to solve serious crimes will be radically reduced and our ability to prevent terrorist acts will be radically reduced. I\u2019m not standing here asking for new powers and new capabilities; I\u2019m standing here saying we need to legislate, very rapidly, to keep those capabilities and powers that we have. <\/p>\n<p>The time to debate what more we might need to do, we\u2019ve agreed, is for the future. My own very strong view is that we need to ask ourselves this simple question: do we want, as a country, to leave a means of communication for paedophiles, terrorists, and other serious criminals, to communicate with each other that, in extremis, we cannot intercept?  <\/p>\n<p>My own view is, no, we don\u2019t. Governments up to now have always taken the view, whether it is to do with the mail, whether it is to do with fixed telephony, whether it is to do with mobile phones, in extremis, to keep the country safe, there are occasions when you need to be able to intercept those communications. <\/p>\n<p>I believe that as technology develops, we will have, over time, to do more to make sure that they \u2013 we don\u2019t give paedophiles, terrorists and criminals another way of communicating that we can\u2019t, in extremis, intercept. But that debate\u2019s for the future. That debate\u2019s not for today. Today is simply about maintaining the existing capabilities that we have, and we have come to the conclusion that the right thing to do is legislate \u2013 to legislate rapidly. And I think if we explain it as clearly as that, we can take the public with us, particularly given that we are actually adding existing safeguards even before we have that debate about the future.<\/p>\n<h2 id=\"deputy-prime-minister-1\">Deputy Prime Minister<\/h2>\n<p>The only thing I would add, in answer to the question: \u201cIs it right for people to be sceptical, to pose questions, to make probing queries when all 3 parties in Westminster say we must act and act fast?\u201d  \u2013 yes, of course. As an old fashioned liberal, I think it\u2019s incredibly important that people ask anyone in a position of authority about why the powers that are administered on behalf of the public are done in the way that they are, particularly when many of them are wielded in secret. <\/p>\n<p>All I would say is, firstly, as the Prime Minister has said, this is merely maintaining existing capabilities, but, crucially, we have inserted a \u2018poison pill\u2019, if you like, into the legislation. That it will fall in December 2016. We are not putting anything permanently on the statute book. What we are doing is recognising an immediate need to shore up existing capabilities. <\/p>\n<p>We are not pretending we have all the answers to all these complex issues in the meantime, and we are admitting that wider debate which we will have to have, and which will need to be decided upon one way or the other early in the next parliament, and there\u2019s a timetable. The next government, the next parliament will have to decide what to do before the end of 2016 because these things will lapse. <\/p>\n<p>So I don\u2019t think there can be a clearer guarantee to the British people, who are acting proportionally and carefully, and thoughtfully, other than the fact that we\u2019re taking the very unusual step of saying that we\u2019re only doing this temporarily. It is a temporary extension, we\u2019re not pretending that we\u2019ve got all the other answers, we\u2019re setting up processes, the review of <abbr title=\"Regulation of Investigatory Powers Act\">RIPA<\/abbr>, the negotiation, led by a former senior diplomat with the Americans to try to come to a government to government agreement so that we can have more durable and balanced solutions to all these legitimate questions by the end of 2016. <\/p>\n<h2 id=\"question-1\">Question<\/h2>\n<p>Patrick Wintour, the Guardian. Can I ask the Prime Minister, did you not set your face against the debate about the accountability of the security services and the way in which the Deputy Prime Minister and the Leader of the Opposition, indeed, the President of the United States, didn\u2019t?  And you\u2019d specifically said \u2013 and you\u2019ve got the <abbr title=\"Intelligence and Security Committee\">ISC<\/abbr> to say this as well \u2013 that the warrants were legal. What\u2019s changed on that?  <\/p>\n<p>Secondly, what are you actually doing in terms of complying with this ECJ ruling, because you, as far as I can see, are retaining all the powers you currently have. You\u2019re making a point of the fact that you\u2019re not extending them, but you\u2019re retaining them. <\/p>\n<p>And lastly, why are you doing this under emergency powers?  It\u2019s perfectly possible that this ruling \u2013 ECJ ruling, will not be settled in the UK courts until probably late autumn.<\/p>\n<h2 id=\"prime-minister-3\">Prime Minister<\/h2>\n<p>You have 4 questions there. I\u2019ll do each one in turn. First of all, why is it an emergency?  It is an emergency, quite simply, because if we don\u2019t deal with the data retention issue, mobile phone companies could start deleting their records of the comms data of who called whom and when. They could start doing that relatively rapidly, and we\u2019d lose this information that helps the National Crime Agency, it helps the police to solve crimes. <\/p>\n<p>So it is an emergency. It\u2019s also an emergency in terms of interception, because companies have told us that they may start not cooperating with the request, because they don\u2019t think the law is sufficiently clear, so we are satisfied that it is an emergency and we do need to legislate on the basis of an emergency. <\/p>\n<p>On the European Court of Justice, what the European Court of Justice did was actually strike down the European Data Retention Directive. What we had chosen to do as a country was to have secondary legislation under that directive rather than primary legislation. So countries like Denmark that have their own primary legislation are fine; they don\u2019t need to do anything. But effectively, because the actual directive has been struck down, we are left in a position where we need primary legislation to put beyond doubt the need for those companies to retain that data. Again, we\u2019re not asking them to do anything new; they are being asked to do what they were doing anyway. And it wasn\u2019t our law that was struck down, it was the Data Retention Directive. <\/p>\n<p>In terms of warrants, an argument I would make is that \u2013 and I made this argument before, and I make exactly the same argument today \u2013 our system for interception, warranted intercepts, is a very, very strong one. <\/p>\n<p>A warrant is put up to the Home Secretary; she has to look at it in detail; she\u2019ll redirect some warrants, she\u2019ll ask for changes to them. She then signs a warrant\u2013 no one\u2019s telephone can be listened to until this process is gone through. A warrant has to go up to the Home Secretary, has to be signed by the Home Secretary, this is then overseen by an Interception Commissioner who writes an annual report \u2013 and I\u2019d recommend you read Sir Anthony May\u2019s report, it\u2019s a brilliant description of how this system works. The <abbr title=\"Intelligence and Security Committee\">ISC<\/abbr>, the Intelligence and Security Committee, then reviews the whole system and the way that our approach works. <\/p>\n<p>And I think that is probably one of the best and most accountable systems anywhere in the world for carrying out what I described in my statement. It\u2019s very difficult but necessary work to keep us safe. <\/p>\n<p>In terms of the debate, I\u2019m all for holding a debate about this issue, but I want to do it in the context of making sure that we are at least maintaining the capabilities that we have. Let\u2019s by all means have a debate about what needs to happen next, but of course as technology advances, terrorists, paedophiles and criminals are finding all sorts of new ways to communicate with each other. And the debate we\u2019re going to have, as well as what are the right civil liberties safeguards which is a good debate to have \u2013 we\u2019ve also got to have a debate about do we need new laws and new rules so that we can actually, if necessary, intercept the communications that terrorists, paedophiles and criminals are going to be having using new methods?  <\/p>\n<p>To take a really big picture way of explaining this \u2013 when we moved from only being able to communicate via the Royal Mail to having telephony, should a government at that stage have said, \u2018Well, obviously we can\u2019t either ask companies to retain data about telephone calls nor can we intercept someone\u2019s telephone call even if there\u2019s a terrorist plot taking place.\u2019 I think that would have been a bad decision. <\/p>\n<p>Likewise, I think it would be a bad decision if \u2013 as the world goes from fixed telephony to mobile telephony and into new forms of communication, I think it would be a bad decision to say there\u2019s nothing we can do about these new forms of communication. But that\u2019s not a debate for today, that\u2019s a debate for between now and the election, at the election and after the election, but I\u2019m pretty clear about where I stand in that debate. But yes, we must debate both the civil liberties issues and the capabilities issues for the future.<\/p>\n<h2 id=\"question-2\">Question<\/h2>\n<p>Sam Coates from The Times. People who read the Edward Snowden revelations might be slightly perplexed today because the impression created by those was that the security services do have the ability to go in and examine and hoover up quite a lot of data that\u2019s out there on the internet on Gmail and services such as that. <\/p>\n<p>What would you say to the argument that you\u2019re dealing with the stuff that we see in court, but the question is whether or not the emergency legislation makes any changes to the framework that the security services will operate under \u2013 that kind of regime. And secondly, someone in Labour is saying that they asked for changes to the way the Intelligence and Securities Committee operates and that the chair, in future, should be an opposition figure. Is that a recommendation that you\u2019ve accepted?<\/p>\n<h2 id=\"prime-minister-4\">Prime Minister<\/h2>\n<p>Okay. We\u2019ve just changed the way the Intelligence and Securities Committee elects its chairman. It used to always be appointed by the Prime Minister. The House of Commons has just legislated that in future the members of that committee will choose the chairman, and they could choose the chairman from the opposition or from the government. So I don\u2019t favour making this further change, but I\u2019m very happy for it to be debated and discussed. <\/p>\n<p>I think what really matters is that the <abbr title=\"Intelligence and Security Committee\">ISC<\/abbr> is fully independent, that it\u2019s capably led, that it\u2019s got all the resources that it needs; but actually Parliament has literally just legislated to change the way that it\u2019s done. Parliament, of course, can take another view and go even further and do something else. Happy for that debate, but I\u2019m not proposing that today. <\/p>\n<p>In terms of Snowden \u2013 what we\u2019re proposing today does not change the capabilities that our intelligence services have under the Regulation of Investigatory Powers Act. It is just dealing with a specific problem that some companies are questioning &#8211; whether there is adequate legal grounds for them to cooperate if they\u2019re no longer based in the UK even though they\u2019re providing services in the UK. So we\u2019re not changing the capabilities or the rules today, but all of that, as I\u2019ve said, is a debate for the future.<\/p>\n<h2 id=\"deputy-prime-minister-2\">Deputy Prime Minister<\/h2>\n<p>Shall I \u2013 on the first point, this only affects those legal intercept activities, all of which are subject to warrants. And that perhaps suggests that there are more checks and balances in the current system, never mind the traditional checks and balances which might be introduced in the future, that I think have sometimes been portrayed. <\/p>\n<p>On the <abbr title=\"Intelligence and Security Committee\">ISC<\/abbr> \u2013 the Prime Minister\u2019s quite right, there will be further debate on this. When that further debate happens, I personally believe that \u2013 it might be fair, it might be unfair, I don\u2019t know, but there is clearly a need to make sure that the <abbr title=\"Intelligence and Security Committee\">ISC<\/abbr>\u2019s independence from the government of the day is \u2013 in perception as well as reality \u2013 is seen to be very, very clear, and that\u2019s why I\u2019ve become persuaded of the case that it would be, in the future, right that the chair of the <abbr title=\"Intelligence and Security Committee\">ISC<\/abbr> automatically comes from the ranks of the opposition party. <\/p>\n<p>But as the Prime Minister said, let\u2019s have that debate; I think in the long run it would do the <abbr title=\"Intelligence and Security Committee\">ISC<\/abbr> good to have that clear difference so the chair always comes from the opposition ranks.<\/p>\n<h2 id=\"question-3\">Question<\/h2>\n<p>Tom Newton Dunn from The Sun. Prime Minister, you say the debate for future powers, more legislation \u2013 rather than just by your admission standing still, which is really what you\u2019re doing today, or having to do \u2013 is for the future. But by putting forward the Communications Data Bill which you\u2019ve strongly backed Theresa May on doing, you\u2019ve made it very clear that the debate needs to happen now. <\/p>\n<p>So do you accept and will you admit by not going further today \u2013 just effectively standing still \u2013 you\u2019re already taking risk?  And Deputy Prime Minister, you\u2019ve heard the same briefings as the Prime Minister and the Intelligence Services, who really wanted a lot more than they\u2019re getting today. Do you accept that there\u2019s also risk and therefore if that risk unfortunately comes true, you\u2019ll have blood on your hands?<\/p>\n<h2 id=\"prime-minister-5\">Prime Minister<\/h2>\n<p>What I would say, Tom, is \u2013 look, today it wouldn\u2019t be appropriate to use emergency legislation to change capabilities for the future. The emergency legislation is right, because we\u2019re facing a potential cliff edge of loss of intelligence, and that would be a bad thing, and so we need to correct that and we need to correct it urgently. There is a debate to be had for the future about how you apply the current system that we\u2019ve got, both of retaining the communications data \u2013 the \u2018who called whom and when\u2019 bit \u2013 and also being able to intercept the content of communications. As we go into a world of 5G and voice over internet and all the new technologies, there\u2019s a debate to be had about how you do that. We had the Comms Data Bill; it was decided in the coalition not to proceed with that. I think this <abbr title=\"Regulation of Investigatory Powers Act\">RIPA<\/abbr> review that David Anderson and the cross party committee can look at may help to build some more consensus for that.<\/p>\n<p>But I think it is important to try and proceed on the basis of consensus; I don\u2019t want this very difficult and sensitive area to be subject to a whole lot of party political ding dong, I don\u2019t think that would be good for our country, I don\u2019t think it would be good for our security. So let\u2019s have the debate; I hope we can build consensus for taking further action, but today is about shoring up our current system. <\/p>\n<h2 id=\"deputy-prime-minister-3\">Deputy Prime Minister<\/h2>\n<p>Of course you need to constantly look at how technology is evolving and ensure that we \u2013 where we can and where it\u2019s appropriate, where it\u2019s proportionate \u2013 keep up to date with technological developments.<\/p>\n<p>So for instance there\u2019s this obvious issue that IP addresses are not easily traceable to individual people; I think that\u2019s a real issue, and it\u2019s something I\u2019ve always said publically I think we need to address. We need to take further steps to do that. I don\u2019t believe that in a mature liberal democracy \u2013 small l, small d, it is right to suggest to legislators and to governments that every single conceivable power that is requested should always be granted. That\u2019s part of the checks and balances of the free society that we live in is that we balance issues to do with security and the powers needed to safeguard security against the long held British proud traditions of liberty, of privacy, and of civil liberties.<\/p>\n<p>And that\u2019s why I came to the judgement that the proposal that every single website that you, Tom, visit \u2013 every single one \u2013 is stored for a whole year \u2013 I didn\u2019t feel that was a proportionate response to the threats that exist. But of course, as we\u2019ve both said, this debate will resurface again and again; we now have a clear timetable by which that debate now needs to be closed and decisions need to be made.<\/p>\n<p>But I balk at the suggestion that governments of all shapes and sizes and all political hues should just always willy nilly grant whatever new power is proposed. Part of the role of parliaments and governments is to strike the right balance, and that\u2019s exactly what we\u2019re seeking to do today. <\/p>\n<h2 id=\"question-4\">Question<\/h2>\n<p>Rob Hutton from Bloomberg. One quite specific question, when did you settle on the idea that emergency legislation was the solution to this?  Because I think the ruling was a couple of months back, and we\u2019re now very close to the end of the Parliamentary term. <\/p>\n<p>And one more general one; the oversight that you\u2019ve described to us of how interception takes place is completely at odds with the oversight that Snowden has described to us. When the Snowden revelations came out, was your response, \u201cHang on a second\u201d \u2013 to go to GCHQ and say, \u201cHang on a second, this isn\u2019t what you told me was going on\u201d?  Or was it to say, \u201cOh dear, they\u2019ve found out\u201d?<\/p>\n<h2 id=\"prime-minister-6\">Prime Minister<\/h2>\n<p>Okay let me \u2013 first of all, why are we having emergency legislation and the timing behind it?  We\u2019ve had these 2 problems, as I put it, the comms data problem and the legal intercept problem. Of course with comms data, when we lost the case \u2013 or rather when the European Union effectively lost the case in the European Court of Justice, we looked at \u2013- well what are the options?  Could we do secondary legislation?  Could we correct this in another way?  Is there another Bill that we could use?<\/p>\n<p>And we came to the conclusion that the safest legal way to deal with this was primary legislation, and that was added to when \u2013 again, the problem of legal intercept, we looked \u2013 are there ways we can clarify the law without legislating?  Are there ways we can have agreements with other governments to clarify this issue?  And again we came to the conclusion, actually, the only safe and secure way is legislation. <\/p>\n<p>There\u2019s an urgency with both of these, because obviously if we lose companies helping with legal intercept, we then lose important capabilities, and obviously if we don\u2019t have companies retaining communications data, we won\u2019t have the information to catch criminals, terrorists and paedophiles, and that data could start to be destroyed quite quickly. <\/p>\n<p>So in both cases the argument came together \u2013 and we\u2019ve been discussing this \u2013 that actually legislation was necessary before the end of this Parliamentary term. So that has been a discussion we\u2019ve been having over the past few weeks, in order to try to make sure that we have in place \u2013 we only do what is necessary to maintain our capabilities, and we do what is right in terms of safeguards, and that\u2019s been a discussion that we\u2019ve had over the last few days, and that\u2019s how the decision\u2019s been reached. <\/p>\n<h2 id=\"deputy-prime-minister-4\">Deputy Prime Minister<\/h2>\n<p>You mentioned it earlier, but it\u2019s quite important to remember that the European Court of Justice case struck down the directive. The directive, of course, didn\u2019t have in it all the checks and balances which we have in our domestic provisions. So by now putting into primary legislation the way that we ask for communications data to be retained by the service providers, we not only put it beyond any legal doubt \u2013 because before we were just relying on the directive to do all the legal heavy lifting \u2013 we now, like the Danes and others, put it into primary legislation. So we fill that legal vacuum that has been opened up by the court ruling. <\/p>\n<p>We also at the same time put in a sort of shop front window through primary legislation, those checks and balances which will satisfy the court ruling and its comments on proportionality at the same time. So it does both \u2013 it both provides legal certainty, but also at the same time addresses the substance of the court\u2019s ruling about the need for communications data to be retained in a way that is proportionate, accountable and so on. <\/p>\n<h2 id=\"prime-minister-7\">Prime Minister<\/h2>\n<p>To answer your question about Snowden and warrants \u2013 I mean, I looked at this very carefully post Snowden, and my conclusion is that at the heart of our system is a very sound set of measures, as I\u2019ve said. If the intelligence services want to listen to someone\u2019s telephone call, they\u2019ve got to have a signed warrant by the Home Secretary, an elected Parliamentarian accountable to Parliament, that\u2019s overseen by the Interception Commissioner and then examined by the Intelligence and Security Committee. <\/p>\n<p>And Sir Anthony May, in his report this year, you know, went through that in quite a lot of detail and put more information in the public domain than had been done previously, and I think that\u2019s the best account I can possibly provide for how our system works, and why, in a mature, liberal democracy, it\u2019s a good and strong system. And I\u2019d really recommend you\u2019d look at that. <\/p>\n<p>What we\u2019re doing today is adding some extra balances and braces, some more transparency, another oversight panel, some more powers for the Intelligence and Security Committee. These are important additional safeguards. But my argument is, at the heart of our system, what I explain to people \u2013 because often people ask me about this, you know; do we have too intrusive intelligence and security services in our country. When I explain to people that in order to intercept someone\u2019s telephone, there has to be a signed warrant by the Home Secretary overseen by an Intercept Commissioner, accountable to a Parliamentary committee, actually people can see that there\u2019s a very strong safeguard. <\/p>\n<p>And I think when people do understand the difference between that \u2013 the content of a communication, with all those safeguards. The difference between that and the fact of a communication, which obviously the police use in so many cases. I think people understand we have a strong system. <\/p>\n<p>I think we probably have time for 2 more, let\u2019s have \u2013 shall we have Sky News and ITV?  I think would be a fair balance. <\/p>\n<h2 id=\"question-5\">Question<\/h2>\n<p>What do you say to those critics who are already saying that today\u2019s drama is really an attempt to distract public attention from the strikes and also from political embarrassments over paedophiles?  <\/p>\n<p>And secondly, are you sure this is going to work? I mean, given the international dimension of communications, is this actually going to be good law that is going to be effective, that\u2019s going to make, for example, American telecom companies cooperate with the government in the way that you\u2019d like?<\/p>\n<h2 id=\"prime-minister-8\">Prime Minister<\/h2>\n<p>Well, first of all, in terms of distraction, I mean, there\u2019s never a good day to do these things; it\u2019s just, you know, we\u2019re running out of time in this Parliamentary session. We need to take this legislation through, we wanted to agree a proper set of safeguards and a proper approach; we\u2019ve done that, and we\u2019re announcing it at the first available opportunity.<\/p>\n<p>And the Home Secretary is making a statement in Parliament, and so I think it\u2019s the right way to proceed. In terms of \u2018will it work\u2019, my understanding is that a lot of the companies concerned want to have greater legal clarity, so they can continue to cooperate in the appropriate way; and this will help. And that\u2019s clearly the aim behind what we\u2019re doing. <\/p>\n<h2 id=\"question-6\">Question<\/h2>\n<p>Carl Dinnen, ITV news. Just how close were we to the cliff edge, and how much danger was Britain in had we reached it?<\/p>\n<h2 id=\"prime-minister-9\">Prime Minister<\/h2>\n<p>Well, I think the best way to describe \u2013 there are really 2 cliff edges. One is the communications data, the data that mobile phone companies keep about who made a call, when and who to, that wouldn\u2019t have disappeared instantly.  But of course once you\u2019ve lost the legal backing of the European framework law, the danger is that companies would have to start destroying that data unless it was kept for a specific business use. <\/p>\n<p>So that was not so much an absolute cliff edge, but you were looking down the telescope of a declining capability which the police, the National Crime Agency, the intelligence services were all warning us would be very, very serious for their capabilities. The second area, which is the lawful intercept area \u2013 the ability in extremis to listen to someone\u2019s communications \u2013 that is more of a cliff edge, because if companies that up to now have been sharing this data are saying, \u201cwell, because of legal uncertainty we cannot share this data\u201d,  that would have serious consequences for counterterrorism and other work that is done by intelligence and security services to help keep this country safe. And a lot of material and information that we would be otherwise able to receive, we would not be able to receive. <\/p>\n<p>And I wouldn\u2019t be standing here, announcing these extra powers, if I didn\u2019t believe there was a real danger to the United Kingdom of not acting. I think there is a real danger and that\u2019s why I\u2019m recommending this action. And I believe that parliament should \u2013 should pass this bill and agree the safeguards that we are setting out. <\/p>\n<h2 id=\"deputy-prime-minister-5\">Deputy Prime Minister<\/h2>\n<p>The answer is within a matter of weeks, otherwise we would have deferred this until after recess. But on both the legal vacuum which was opened up by the cases which were stayed while the European Court of Justice ruling was made, and because of the growing uncertainties around the application of the <abbr title=\"Regulation of Investigatory Powers Act\">RIPA<\/abbr> act to service providers that might be based elsewhere, but provided service in the United Kingdom, our judgement \u2013 the judgement of the leader of the opposition, judgement we\u2019ve arrived at across parties \u2013 is we need to act now before the recess because doing so afterwards would simply be too late. <\/p>\n<p>What does too late mean?  It means that capabilities which we\u2019ve all taken for granted for a long period of time and have been operating for years, and years, and years, would suddenly no longer be available to us and would have a very material effect on our safety. <\/p>\n<p>So that is why we\u2019re acting as we are and not doing so in the autumn. <\/p>\n<h2 id=\"prime-minister-10\">Prime Minister<\/h2>\n<p>Thank you very much. Thank you.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>David Cameron and Nick Clegg discussed new emergency legislation on access to telecommunications data  at a press conference at Downing Street.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/44895"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=44895"}],"version-history":[{"count":0,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/44895\/revisions"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44895"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44895"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44895"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}