Nick Clegg stood shoulder to shoulder with David Cameron this week to announce emergency legislation to make internet and phone companies retain data, after the European Court of Justice dropped the requirement.
It’s curious because just last month the Deputy Prime Minister was on a different jag. Clegg’s office has been a prime mover in putting together the Independent Surveillance Review. The first meeting of its panel, which includes former MI6 head Sir John Scarlett and Baroness Lane-Fox, is next Wednesday. It might now be quite fiery.
“The whole point of the independent review is to thoughtfully examine what’s happened in the past and present to best advise on future policy,” panel member Professor Heather Brooke tells me. “It’s an evidence-based approach. Yet before we’ve even had our first meeting the Government is trying to unilaterally impose this reactionary law in just two days.” The terms of reference for the panel include looking at the misuse of private data and the legality of UK surveillance. It will do little to enhance the flip-flop reputation of Clegg.
The legislation is being rushed through to plug a gap left by a change in European law. But the reasons may more local. “A legal case begins on Monday in which Liberty, Privacy International and Amnesty International are challenging GCHQ’s mass interception and data collection,” explains Brooke. “The Government seems very worried that the Investigatory Powers Tribunal might find what they’ve done to be illegal.”
