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].

• [1] Parliament's webpage on the Data Retention and Investigatory Powers Bill
• [2] William Cash MP (Stone, Conservative), House of Commons, 15 July 2014
• [3] European Union Charter of Fundamental Rights
• [4] Judgement of the European Court of Justice on 8 April 2011
• [5] EU Electronic communications — Directive 2006/24/EC
• [6] The Data Retention (EC Directive) Regulations 2009

Debate in Parliament | Source |