Judgment Approved by the court for handing down. Davis & Ors v SSHD Lord Justice Bean : This is the judgment of the court to which we have both contributed. 1. The claimants in three separately issued claims, which we heard together, apply for judicial review of the data retention powers in section 1 of the Data Retention and Investigatory Powers Act 2014 (“DRIPA”). Mr Brice and Mr Lewis, the claimants for whom Mr Drabble QC appeared, are concerned about the width of the powers to retain and gain access to their data on a number of grounds, including (but not limited to) the confidentiality of communications with solicitors. Mr Davis and Mr Watson, who are joint claimants in case CO/3794/2014, do so as members of the House of Commons who share those general concerns but also in addition have particular concerns about the confidentiality of communications to and from constituents. Mr Davis is Conservative MP for Haltemprice and Howden; Mr Watson is Labour MP for West Bromwich East. 2. Permission to seek judicial review was initially refused on the papers by Blake J but was granted at an oral hearing by Lewis J on 8th December 2014. Lewis J also permitted Open Rights Group and Privacy International to submit an intervention by way of written submissions (on terms that the interveners would bear their own costs). We granted an application by the Law Society made shortly before the hearing to intervene by way of written submissions on the same basis. 3. The challenge is to the validity of s 1 of DRIPA and the Regulations made under it as being contrary to European Union law, as expounded in the decision of the Grand Chamber of the Court of Justice of the European Union (“the CJEU”) in Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others and the conjoined case of Kärntner Landesregierung, Michael Seitlinger, Christof Tschohl and others delivered on 8th April 2014 and reported at [2015] QB 127. We shall refer to this decision as “Digital Rights Ireland”. 4. At common law, Acts of the United Kingdom Parliament are not open to challenge in the courts. But the position under EU law is different. Decisions of the CJEU as to what EU law is are binding on the legislatures and courts of all Member States. The subtleties of the relationship between UK domestic courts and the European Court of Human Rights at Strasbourg arising, since 2000, from the duty under s 2(1) of the Human Rights Act 1998 to “take account” of the jurisprudence of that court, do not arise. The claimants (as a fallback to their EU law arguments) have pleaded an alternative claim for a declaration under s 4 of the HRA 1998 that s 1 of DRIPA is incompatible with their Convention rights; but this was scarcely mentioned in oral argument. Indeed, as will be seen later in this judgment, it was mainly counsel for the Home Secretary, not counsel for the claimants, who asked us to take account of the jurisprudence of the Strasbourg court in support of his arguments. 5. The present claims involve, as did Digital Rights Ireland, the CJEU’s interpretation of Articles 7 and 8 of the Charter of Fundamental Rights of the EU. Article 7 provides: “Everyone has the right to respect for his or her private and family life, home and communications.” Article 8 provides: