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Emergency phone and internet data retention to be passed Emergency phone and internet data laws to be passed
(35 minutes later)
An emergency law to ensure police and security services can continue to access people's phone and internet records is expected to be approved at a special cabinet meeting later. Emergency powers to ensure police and security services can continue to access phone and internet records are being rushed through Parliament.
David Cameron says the Data Retention and Investigation Powers Bill is needed to fight "criminals and terrorists". Prime Minister David Cameron has secured the backing of all three main parties for the highly unusual move.
But civil liberties groups say it infringes the right to privacy and sets a dangerous precedent. He said urgent action was needed to protect the public after the European Court of Justice struck down existing surveillance powers.
It comes after the European Court of Justice struck down existing powers. But civil liberties campaigners have warned it will invade people's privacy.
An EU directive requiring phone and internet companies to retain communications data - when and who their customers called, texted and emailed but not what was said - for a 12 month period was ruled unlawful in April by the European Court. Mr Cameron defended the move in a joint news conference with Deputy Prime Minister Nick Clegg, saying it was about maintaining existing capabilities - not introducing new snooping laws.
Without a new law being passed in the UK to retain the powers, Mr Cameron claims that that information could be destroyed within weeks by companies fearing legal challenges, meaning police and the security services will not be able to access it. An EU directive requiring phone and internet companies to retain communications data - when and who their customers called, texted and emailed but not what was said - for a 12-month period was ruled unlawful in April by the European Court.
A special cabinet meeting is being held on Thursday to agree the planned laws, which will have a "sunset clause" meaning they will lapse in 2016. Without a new law being passed in the UK to retain the powers, Mr Cameron claims that that information could be destroyed within weeks by companies fearing legal challenges, meaning police and the security services would not be able to access it.
He also revealed that he wanted to "clarify" the law on bugging of suspects' phones by the police and security services, after concerns that service providers were turning down requests from the home office.
But there would also be new moves to "increase transparency and oversight", including:
Mr Cameron said: "We face real and credible threats to our security from serious and organised crime, from the activity of paedophiles, from the collapse of Syria, the growth of Isis in Iraq and al Shabab in East Africa.
"I am simply not prepared to be a prime minister who has to address the people after a terrorist incident and explain that I could have done more to prevent it."
He stressed that the measures were about "plugging holes" in the legislation but were not about any "new obligations for phone and internet companies, nor any new intrusions on civil liberties".
He added: "I want to be very clear that we are not introducing new powers or capabilities - that is not for this Parliament.
"This is about restoring two vital measures ensuring that our law enforcement and intelligence agencies maintain the right tools to keep us all safe," he said.
AnalysisAnalysis
By Nick Robinson, BBC Political EditorBy Nick Robinson, BBC Political Editor
Critics will no doubt argue that the time for a debate about what powers will replace this law is now.Critics will no doubt argue that the time for a debate about what powers will replace this law is now.
To pass any new law in just a week is rare.To pass any new law in just a week is rare.
So too is it to have the backing of all three main parties even before it is published.So too is it to have the backing of all three main parties even before it is published.
Read moreRead more
In a statement ahead of the meeting the prime minister said: "It is the first duty of government to protect our national security and to act quickly when that security is compromised. As events in Iraq and Syria demonstrate, now is not the time to be scaling back on our ability to keep our people safe. There will also be a crackdown on the number of agencies that can obtain access to phone and internet records, with "more than a dozen" organisations, including the Royal Mail and the Charity Commission, set to be banned.
"The ability to access information about communications and intercept the communications of dangerous individuals is essential to fight the threat from criminals and terrorists targeting the UK. Mr Cameron repeated his vow to push ahead with plans for a giant database of all websites visited by UK citizens, dubbed a "snooper's charter" by critics, if he wins the next election.
"No government introduces fast-track legislation lightly. But the consequences of not acting are grave. Mr Clegg, who blocked attempts to pass the "snooper's charter", said he had been convinced of the need for the more limited powers contained in the emergency Data Retention and Investigation Powers Bill.
"I want to be very clear that we are not introducing new powers or capabilities - that is not for this Parliament. This is about restoring two vital measures ensuring that our law enforcement and intelligence agencies maintain the right tools to keep us all safe." The legislation contains what Mr Clegg described as a "poisoned pill" which will mean the powers cease at the end of 2016, in an effort to ensure the next parliament takes a more considered look at the issue.
'Snooper's charter' The Lib Dem leader said successive governments had "neglected civil liberties as they claim to pursue greater security", but added: "I wouldn't be standing here today if I didn't believe there is an urgent challenge facing us.
"No government embarks on emergency legislation lightly but I have been persuaded of the need to act and act fast."
Labour MP Tom Watson said rushing the bill through Parliament meant MPs would not get time to properly consider the plans and he branded it a "stitch-up".Labour MP Tom Watson said rushing the bill through Parliament meant MPs would not get time to properly consider the plans and he branded it a "stitch-up".
The Open Rights Group, which campaigns for greater openness, criticised the government for using the threat of terrorism to get push through an "emergency law" that it says has no legal basis. The Open Rights Group, which campaigns for greater openness, criticised the government for using the threat of terrorism to push through an "emergency law" that it says has no legal basis.
Executive Director Jim Killock said: "Not only will the proposed legislation infringe our right to privacy, it will also set a dangerous precedent where the government simply re-legislates every time it disagrees with a decision by the CJEU. The ruling still stands and these new plans may actually increase the amount of our personal data that is retained by ISPs, further infringing on our right to privacy.Executive Director Jim Killock said: "Not only will the proposed legislation infringe our right to privacy, it will also set a dangerous precedent where the government simply re-legislates every time it disagrees with a decision by the CJEU. The ruling still stands and these new plans may actually increase the amount of our personal data that is retained by ISPs, further infringing on our right to privacy.
"Blanket surveillance needs to end. That is what the court has said.""Blanket surveillance needs to end. That is what the court has said."
Deputy Prime Minister Nick Clegg, whose Lib Dem party has blocked Conservative plans for security services to have wider access to communications powers said the emergency legislation balanced security and civil liberties.
He said: "We know the consequences of not acting are serious, but this urgency will not be used as an excuse for more powers, or for a 'snooper's charter'.
"I believe that successive governments have neglected civil liberties in the pursuit of greater security. We will be the first government in many decades to increase transparency and oversight and make significant progress in defence of liberty."
Among measures which he says will "increase transparency and oversight" are:
Communications data is said by the government to have been used in 95% of all serious organised crime cases handled by the Crown Prosecution Service.
The data that the bill covers is the detail of when a call was made and who it was made by and to, rather than the actual content of the call.