division_name: Bills Presented &#8212; New Clause 5 &#8212; Effect and justiciability of this Act
motion: <p class="" pid="a.817.2/1" pwmotiontext="yes">I beg to move, That the clause be read a Second time.</p>
  
  <p class="" pid="a.817.2/2" pwmotiontext="yes">I am grateful to be called at this late hour. This new clause is important. I look to the Home Secretary; she knows exactly where I am coming from and where I am going. She may believe that we will be defeated on this new clause, but nothing will prevent me from making the point, which is that the Bill could become pointless. The difficulty, which she understands&#8212;I am sure that her advisers have already explained it&#8212;is simply that clauses 1 and 2 will enable the Home Secretary to serve a data retention notice on public telecommunications operators and to make secondary legislation governing such notices. However, there is real doubt that the precise meaning of the European Court of Justice&#8217;s Digital Rights Ireland judgment has the effect of potentially eviscerating the Bill.</p>
  
  <p pid="a.818.2/1" pwmotiontext="yes"><i>Question put,</i> That the clause be read a Second time.</p>
  
  <p class="italic" pid="a.818.2/2" pwmotiontext="yes">The Committee divided:</p>
  
  <p pid="a.818.2/3" pwmotiontext="yes">Ayes 25, Noes 440.</p>