Data Retention and Investigatory Powers Bill — Clause 6 — Date of Repeal — Sunset Clause — 15 Jul 2014 at 20:15

The majority of MPs voted against the provisions of the Data Retention and Investigatory Powers Bill only remaining in force until the end of 2014, rather than until the end of 2016.

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

• Amendment 2, page 7, line 2, leave out “2016” and insert “2014”

Had it not been rejected this would have affected Clause 6 of the Bill^[2] which at the time of the vote stated:

• Sections 1 to 5 (and the provisions inserted into the Regulation of Investigatory Powers Act 2000 by sections 3 to 5) are repealed on 31 December 2016.

This so called, sunset clause, would result in the provisions of the Bill ceasing to have effect as of the date given.

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 Home Secretary explained the choice of date for the sunset clause contained within the Bill^[3] saying:

• The final clause contains the sunset provision, which means that the legislation will expire at the end of 2016. I recognise that a number of Members have suggested that this sunset clause should be at an earlier stage. I say to them that the reason it has been put at the end of 2016 is that we will have a review by David Anderson which will report before the general election. It is the intention that a Joint Committee of Parliament will look at his work and that of the Intelligence and Security Committee. It will then be necessary to put the required legislation in place. If anyone stops to think about that timetable, it is clear that it could not be completed by the end of this year.

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• [1] Parliament's webpage on the Data Retention and Investigatory Powers Bill
• [2] Clause 6 of the Data Retention and Investigatory Powers Bill as at the time of the vote
• [3] Theresa May MP, (Maidenhead, Conservative), House of Commons, 15 July 2014

Debate in Parliament | Source |