Data Retention and Investigatory Powers Bill — New Clause 5 — Act To Have Effect Despite European Union Treaties — 15 Jul 2014 at 20:45

The majority of MPs voted not to ensure the Data Retention and Investigatory Powers Bill takes effect regardless of European Union treaties making the UK subject to European Union law and courts.

MPs were considering the Data Retention and Investigatory Powers Bill[1]. The proposed new clause rejected by the majority of MPs in this vote was:

  • For the avoidance of doubt and notwithstanding sections 2 and 3 of the European Communities Act 1972, this Act shall have effect and shall be construed as having effect and shall be justiciable by the courts of the United Kingdom.

During the debate William Cash MP who proposed the new clause explained its intent[2] as being to prevent the Bill being successfully challenged in the courts as a result of the UK having signed up to the treaties of the European Union which provide for European Union Law, Courts and the European Union charter of fundamental rights[3] to affect UK legislation.

In brief the effect of the provisions of Data Retention and Investigatory Powers Bill were:

  • To enable the Secretary of State to require the mass retention of information about, but not the content of, communications; as well to introduce arrangements to control access to such information once retained.
  • To require those based outside of the UK to comply with warrants to intercept the content of communications and to state operators of internet-based services, such as webmail, may be required enact such intercepts.
  • To limit the use of intercepts, and police access to communications data, on economic grounds to cases involving the interests of national security.

The effect of the provisions of the Bill are described in detail on the page describing the vote on the Bill's second reading

The Bill had been introduced following a judgement of the European Court of Justice on 8 April 2011[4] which ruled invalid the EU Electronic communications — Directive 2006/24/EC[5] which was brought into effect in UK law via The Data Retention (EC Directive) Regulations 2009[6].

The court judgement concluded that the mass communications data retention provided for via the directive and regulations is not proportionate and is incompatible with Article 7 (Respect for private and family life) and Article 8 (protection of personal data) of the EU Charter of Fundamental Rights[3].

Debate in Parliament | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (No)Minority (Aye)BothTurnout
Alliance0 10100.0%
Con193 (+2 tell) 17 (+2 tell)070.2%
DUP0 5062.5%
Green1 00100.0%
Lab193 2075.6%
LDem42 0075.0%
PC3 00100.0%
SDLP3 00100.0%
SNP5 0083.3%
Total:440 25073.2%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

Adam AfriyieWindsorCon (front bench)aye
Steven BakerWycombeCon (front bench)tellaye
Peter BoneWellingboroughCon (front bench)tellaye
Graham BradyAltrincham and Sale WestCon (front bench)aye
Douglas CarswellClactonConaye
Bill CashStoneCon (front bench)aye
Geoffrey CoxTorridge and West DevonCon (front bench)aye
Nadine DorriesMid BedfordshireCon (front bench)aye
Richard DraxSouth DorsetCon (front bench)aye
Gordon HendersonSittingbourne and SheppeyCon (front bench)aye
Philip HolloboneKetteringCon (front bench)aye
Bernard JenkinHarwich and North EssexCon (front bench)aye
Chris KellyDudley SouthCon (front bench)aye
Julian LewisNew Forest EastCon (front bench)aye
Nigel MillsAmber ValleyCon (front bench)aye
David NuttallBury NorthCon (front bench)aye
Andrew PercyBrigg and GooleCon (front bench)aye
Mark RecklessRochester and StroodCon (front bench)aye
Andrew TurnerIsle of WightCon (front bench)aye
Ronnie CampbellBlyth ValleyLabaye
Dennis SkinnerBolsoverLabaye

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