I thank hon. and right hon. Members from across the House for their contributions not just today, but throughout the many different stages of the Bill. I pay huge tribute to the Members of the other place who have contributed enormously, in particular Lord Anderson, who has been an exceptional asset to the passage of the Bill and the condition it is in, and Lord West who, as a member of the Intelligence and Security Committee, not only shepherded some extremely important amendments into the Bill, but was kind enough to say that it was the first time in 14 years that he had ever had an amendment accepted by the Government. I am delighted to say that it was to this Bill. It was because we are so committed to working with all parts of both Houses and with the ISC that we got so much through in the other place. [Interruption.] That said, many comments will no doubt be raised in this House. I can assure hon. Members, especially the right hon. Member for North Durham (Mr Jones), that I will approach all suggestions in the way that I have done to date. Where we may not agree—it may not be that he is right, or that I am right—it will be for good reason and I will set out my reasons in the appropriate way.
The Bill is about one fundamental thing: the security of the British people. We rightly heard from my hon. Friend the Member for Broxbourne (Sir Charles Walker) about the nature of freedom, but the truth is that freedom without security is impossible. It is a chimera. The Bill is about ensuring that the British people have the security to enable that freedom. That is an absolutely vital responsibility not just of this Government, but of this House and the other place. I am grateful for the work that the hon. Member for Barnsley Central (Dan Jarvis) and the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) have put in to ensure the co-operative, bipartisan and open approach to the Bill, as is merited by the work of our fantastic intelligence services to provide security for our whole country.
As the British public would expect, we keep our approach to national security under constant review. Where we identify the need for change or improvement, we will not hesitate to act. That is why we have brought forward the Bill, which acts on the findings of the Home Secretary’s report and Lord Anderson’s independent review into the Investigatory Powers Act 2016. Hon. and right hon. Members will not need me to rehearse the arguments, but we have seen an extraordinary, rapid evolution in the nature of the threats since the 2016 Act: Russia’s threat to the whole of Europe and not just to Ukraine; the violence that Iran is trying to bring not just in the middle east but even on to our own shores; and the way technology has enabled hostile states not only to steal our technology but to introduce intelligence-gathering platforms into our country through the guise of car sales.
We have seen a change in the way technology works and a change in the nature of the threats, and we must keep up to date with those changes. That is why this work is so important. It is essential that the United Kingdom’s investigatory powers framework remains fit for purpose to help our intelligence agencies detect and stop some of the most serious threats posed to the UK and its citizens, including threats from terrorism, state threats, and child sexual abuse and exploitation.
Because these are exceptional powers, Members have rightly pointed out that they require appropriate, robust and, in this case, world-leading safeguards, and that is what we have sought to set out. The changes in the Bill are relatively narrow in scope, but unless we make them now, the ability of our agencies to tackle evolving threats will be increasingly constrained in the face of global instability, technological advances and state hostility, so now is the time to act.
Let me now deal with some of the points that have been raised. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) raised a rather interesting point about the changes to “lawful authority” in clause 12 in respect of published data. The purpose of new subsection (3A) is for material that has already been published not to require additional authority for its disclosure by a telecommunications operator to a relevant public authority. The definition of “publish” and reference to “a section of the public” would not include private messages unless they had been made public in some other way—just as our sitting room could not be considered a public place unless we opened it up to the public. It would be our choice, and nothing to do with the nature of the building.
The hon. and learned Member for Edinburgh South West (Joanna Cherry), who has made important contributions through her chairmanship of the Joint Committee on Human Rights, raised questions about the transparency safeguards in the 2016 Act. Those extremely robust safeguards are centred on considerations relating to intrusion into privacy, and that will remain the case in the Bill. They include a requirement for investigatory powers to be used in a “necessary and proportionate” way, with independent oversight by the Investigatory Powers Commissioner and redress through the Investigatory Powers Tribunal.
My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) contributed in his usual robust fashion to the debate—and, I should add,
to the session that I was fortunate enough to have with the Intelligence and Security Committee, in which he was enormously helpful in assisting me with some changes to the Bill. He spoke about the five individuals who could be designated by the Prime Minister, and asked why we had not referred specifically to “those with warranting powers”. It is possible that a Minister with warranting powers who had that experience would then be moved to another Department, or indeed that the machinery of government change would alter the nature of the oversight. While we felt that it was right to limit the number to as few as possible, we also felt that it was right to have a relevant selection, which is why we left the number at five—after some very good consultation with the ISC, for which I am extremely grateful to my right hon. Friend the Member for New Forest East (Sir Julian Lewis) .