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Wilson Doctrine: MPs' spying protection 'still exists' Wilson Doctrine: MPs' spying protection 'still exists'
(35 minutes later)
A longstanding protection against MPs' communications being intercepted still applies - but does not impose a blanket ban on security services spying on MPs, the Home Secretary has said. A longstanding protection against MPs' communications being intercepted still applies - but does not impose a blanket ban on security services spying on MPs, the home secretary has said.
Theresa May was speaking in a Commons debate after a ruling that the "Wilson Doctrine" had no legal basis.Theresa May was speaking in a Commons debate after a ruling that the "Wilson Doctrine" had no legal basis.
But MPs from across the House argued it was "defunct" and had to be replaced.But MPs from across the House argued it was "defunct" and had to be replaced.
Last week a tribunal ruled the doctrine was not enforceable in law after a legal challenge by politicians.Last week a tribunal ruled the doctrine was not enforceable in law after a legal challenge by politicians.
The Wilson Doctrine came into being in 1966 when the then Labour prime minister, Harold Wilson, gave assurances to MPs that their phone calls would not be intercepted without him knowing - and that he would tell Parliament of any change in that policy.The Wilson Doctrine came into being in 1966 when the then Labour prime minister, Harold Wilson, gave assurances to MPs that their phone calls would not be intercepted without him knowing - and that he would tell Parliament of any change in that policy.
'Confusion''Confusion'
Green Party politicians Caroline Lucas MP and Baroness Jenny Jones had argued it was being breached by GCHQ's bulk collection of communications data from the internet.Green Party politicians Caroline Lucas MP and Baroness Jenny Jones had argued it was being breached by GCHQ's bulk collection of communications data from the internet.
But the Investigatory Powers Tribunal said it was largely a political statement that could not be relied upon in expectation of special treatment.But the Investigatory Powers Tribunal said it was largely a political statement that could not be relied upon in expectation of special treatment.
In light of the tribunal's ruling, MPs held an emergency debate on the doctrine in the House of Commons.In light of the tribunal's ruling, MPs held an emergency debate on the doctrine in the House of Commons.
Mrs May told MPs there were a "number of misconceptions" about the ruling, which she said agreed with the government's interpretation of the doctrine, saying it "remains unchanged".Mrs May told MPs there were a "number of misconceptions" about the ruling, which she said agreed with the government's interpretation of the doctrine, saying it "remains unchanged".
She said it had always been possible for the security services to spy on MPs in certain circumstances, such as when national security was threatened.She said it had always been possible for the security services to spy on MPs in certain circumstances, such as when national security was threatened.
"It seems that there has been an element of confusion about what the Wilson Doctrine actually means," she said."It seems that there has been an element of confusion about what the Wilson Doctrine actually means," she said.
"And on that let me say first that it cannot be the case that MPs can never be the subject of interception.""And on that let me say first that it cannot be the case that MPs can never be the subject of interception."
'Not tenable''Not tenable'
The home secretary said "the issue of safeguards" would be addressed in the government's forthcoming Investigatory Powers Bill.The home secretary said "the issue of safeguards" would be addressed in the government's forthcoming Investigatory Powers Bill.
The landmark challenge mounted by the politicians largely had focused on the so-called Tempora programme - the harvesting of communication data from the internet first revealed by American security contractor Edward Snowden.The landmark challenge mounted by the politicians largely had focused on the so-called Tempora programme - the harvesting of communication data from the internet first revealed by American security contractor Edward Snowden.
Labour's shadow Commons leader Chris Bryant said the doctrine was "defunct" and said judges, rather than the home secretary, should have the power to issue warrants authorising the interception.Labour's shadow Commons leader Chris Bryant said the doctrine was "defunct" and said judges, rather than the home secretary, should have the power to issue warrants authorising the interception.
MPs should not be "above the law", he said, but added: "I'm arguing that in a new era we have to have a rational approach which involves judicial oversight rather than political oversight of warrants to make sure that the country is defended, so too the rights of constituents when they approach a member of Parliament."MPs should not be "above the law", he said, but added: "I'm arguing that in a new era we have to have a rational approach which involves judicial oversight rather than political oversight of warrants to make sure that the country is defended, so too the rights of constituents when they approach a member of Parliament."
Conservative MP David Davis said there had been a "huge transformation" with the emergence of electronic communications that did not exist in Wilson's day, meaning the doctrine had to be replaced.Conservative MP David Davis said there had been a "huge transformation" with the emergence of electronic communications that did not exist in Wilson's day, meaning the doctrine had to be replaced.
"And that's why the home secretary's case, that this essentially is the same as was annunciated by Harold Wilson all those years ago, is simply not tenable," he added."And that's why the home secretary's case, that this essentially is the same as was annunciated by Harold Wilson all those years ago, is simply not tenable," he added.