THE government is facing a High Court challenge from two MPs against it forcing through draconian legislation granting police and security services even greater access to people’s phone and internet records.

A judicial review brought by Tory former shadow home secretary David Davis and Labour backbencher Tom Watson, supported by campaign group Liberty, centres on the Data Retention and Investigatory Powers Act (Dripa).

The Act was rushed through Parliament in July last year with the backing of all three major party leaders.

Mr Watson and Mr Davis are seeking a declaration from the court that Dripa is not compatible with article eight of the European Convention on Human Rights, which guarantees the right to a private life.

In December, Mr Justice Lewis, sitting in London, gave them permission to proceed with the case.

Prime Minister David Cameron and then deputy prime minister Nick Clegg claimed that pushing the Act through Parliament was necessary due to a ruling in April last year by the European Court of Justice, which would effectively curb police and security service access to data on phone and email communications.

Mr Watson said in a statement: “The government’s decision to use emergency powers to enable it to spy on citizens shows the rights of the individual need to be strengthened to ensure the state can’t act with impunity. Even MPs are powerless to prevent such powers being enacted.

“The Human Rights Act allows us to challenge those powers in the courts, but the Tory government is intent on tearing up the Act and doing away with the limited legal protection it affords. It is vital we fight for it to be retained.”

Liberty legal officer Emma Norton added: “The executive dominance of Parliament in rushing through this legislation, using a fabricated ‘emergency,’ made a mockery of parliamentary sovereignty and the rule of law and showed staggering disregard for the entire population’s right to privacy.”

A full hearing began yesterday and is expected to continue today before Lord Justice Bean and Mr Justice Collins.