The Investigatory Powers Bill received its second reading
in Parliament on Tuesday 15 March.
Whilst the SNP support targeted suspicion based
surveillance which is properly authorised and overseen, and we welcome the
introduction of some judicial oversight of the authorisation of warrants, we
have grave concerns about other aspects of the Bill including collection of
Internet connection records and bulk powers.
Undoubtedly the law needs a thorough overhaul and the
attempt to consolidate a number of statutes in order to have a modern and
comprehensive law is to be welcomed. We recognise that the security
services and the police require adequate powers to fight terrorism and serious
crime. However, such powers must always be shown to be necessary,
proportionate and in accordance with the law. In particular, they must not
impinge unduly on the right to privacy or the security of private data. Many of
the powers in the Bill do not pass these tests.
In February, I had the opportunity to question Theresa May
regarding this bill. Along with the infringement on privacy within the bill, the cost of
complying with the requirements for communications companies as set out by the
Snooper's Charter is potentially cripplingly high. Both those in the sector as
well as the House of Commons Science and Technology Select Committee have
warned that the bill could "undermine" the sector.
While the Home Secretary stated that the Government would
provide communications companies with "full cost recovery
[for] operational costs" incurred in complying with the
bill, there remains substantial uncertainty regarding the cost of
compliance. In particular, the definition of "internet connection
records", which companies would be required to collect for every customer,
remains unclear, making it difficult for businesses to estimate the cost of
complying with the draft bill.
The technology sector is critical to a growing economy in
this digital age. It is completely unacceptable to see it hindered by this Tory
government requiring technology companies to infringe upon our privacy and
civil liberties.
The Government has failed to strike the right balance and
whilst we are prepared to work with all parties constructively to amend the
Bill in order to get the balance right, we cannot support the Bill at this
time.
Many of the powers in the Bill are of questionable
legality and in significant respects the powers sought go further than any
other government in the west has been prepared to go. The draft bill was given
insufficient time for consideration, therefore it is imperative that the
Government allows for full scrutiny of the Bill. In its current form the
SNP cannot give this Bill our full support.
The SNP abstained from the vote on Tuesday and said we would work for this Bill to
be significantly amended to address our concerns and those of other
parliamentarians, civil liberties groups and technology companies. We made it
clear that if our concerns are not addressed, we reserve the right to vote
against the Bill in the later stages of its passage through Parliament.