(1 month, 1 week ago)
Commons ChamberThe hon. Lady points out that adaptation is a cross-Government, cross-departmental thing. The way that the UK Government are organised means that Departments that are responsible for school buildings or transport deal with the adaptation issues that crop up in those Departments. I do not disagree with the hon. Lady’s analysis, but while the Cabinet Office does have a co-ordinating role, I do not necessarily think that having a Minister co-ordinating it would make an awful lot of difference.
Since as early as 2013, when I was working with the Cabinet Office—specifically with the Joint Intelligence Organisation and others—climate change has been included in the matrix that it is required to plan for, respond to and seek to mitigate from a national security perspective. It is very much reflected in the national —I have forgotten the exact words, but it is the one that does not have an acronym. That is what happens when you work on something for too long. Climate change is in there and has been in there for a very long time, even way back when I was a civil servant.
The hon. Lady is correct, and she talks about mitigation. There is also an adaptation issue here, which I was addressing, but clearly the cross-departmental nature of co-ordination happens within the Cabinet Office.
Our country’s resilience is front and centre of our approach to national security. Without security and resilience at home, we cannot deliver economic growth or any of our other missions to improve the lives of the British people.
My hon. Friend the Member for Bolton West (Phil Brickell) gave a good speech about what happens if corruption is allowed to get out of hand and people who defraud the public purse of money are allowed to get away with it. I thank him for asking important questions about Tom Hayhoe’s recommendations. I promise to make inquiries with colleagues in Government, and commit to writing to him about the specific issues that he raised in his speech.
The Government inherited a resilience landscape that had too often been neglected, leaving our nation exposed to the shocks of an increasingly volatile world. The resilience action plan, published last July, sets out the Government’s strategic approach to creating a stronger and more resilient UK, and the steps being taken to deliver it. We face a rapidly changing global risk landscape. From severe weather to geopolitical instability, the risks are complex and numerous. We must be honest with the public about the challenges while demonstrating our resolve to address them head-on, and we have to strike a balance by giving an appropriate warning without panicking people. Building a truly resilient society requires a fundamental cultural shift in the way that emergency preparedness is thought about. That includes being clear about the risks we face and the actions that we can all take to improve collective resilience, as the hon. Member for Hazel Grove (Lisa Smart) said from the Liberal Democrat Front Bench.
In summary, our No. 1 priority is to keep the country safe. The Government are undertaking plenty of work within our own shores to strengthen our stance, which is further bolstered by our unshakeable commitment to Europe-wide security. That responsibility has been spread right across the Government, and it is emblematic of the good work that can come when collaboration is at the heart of planning. Thanks to this work, the risk landscape is not an unknown country; we have made it familiar terrain through rigorous mapping of what could harm us and our citizens, and of what our response should be. It is through level-headed planning that we will create resilience at home and, through that work, create a secure foundation for families, businesses and economies to thrive.
(1 month, 2 weeks ago)
Commons ChamberI am more than happy to create a circumstance in which we can do that. I think there have been some misunderstandings about what protections are offered in the Bill, and some of the amendments seek to address gaps that are not actually there. However, I am more than happy to deal with that, and I will be in touch with the right hon. Gentleman to organise it before the Bill goes to the House of Lords.
The hon. Member for Rutland and Stamford (Alicia Kearns) said that the Bill did not take into account activity outside the UK. She was wrong to say that that was not covered. The offences capture activity outside the UK where it is contrary to the safety or interests of the UK, and case law has made it clear that the definition of “safety and interests of the UK” is wide. As I have said, we have worked closely with operational partners to shape the Bill, and we are confident that it will provide the powers that are needed. There have been successful prosecutions under the National Security Act, which demonstrates that powers of this kind work.
Yes, the law specifically covers UK citizens who then travel abroad to commit a crime in support of these proscribed groups. However, it explicitly states that that does not apply if they are planning the crimes here in the UK and they happen abroad, unless it is prejudicial to the safety of the UK. It would be very straightforward for a lawyer to argue that something that takes place in Iraq is not prejudicial to the safety of the UK.
When I met Foreign Office and Home Office lawyers last night, they said it was “likely” that that would be captured. I said, “I recognise that ‘likely’ is hopeful, but it is not absolute.” [Interruption.] The Minister will be able to answer in a moment. I am formally repeating the conversation that I had, a conversation that was requested, in which I was told that this was “likely”. That is very different from saying, “We will be able to prosecute, and we must be able to do so.” We should be wanting to pass clarifying amendments to put additional protections into law so that it is watertight, to ensure that the actions of anyone in Manchester planning something abroad will definitely be captured.
I suspect that lawyers often use words like “likely”, because they are very rarely ready to commit to “absolutely”. Perhaps we need to deal with some of this in more detail in Committee, but we are assured that overseas activity will be covered in the interactions of this Bill, and case law makes that more likely.
I am loath to go through in detail the Committee-style points that were made during the debate. What I will say is that designation is the closest we can get to state-inspired and connected proxies or organisations, so that we can prevent them from behaving in the way that they are behaving on our streets day in, day out. A designation will allow us to ensure that we capture and prosecute the malign activity in which hybrid and state actors involve themselves, so this Bill closes the gap that Jonathan Hall discovered in the National Security Act.
We wish to get the Bill on the statute book so that we can deal with the rising threats on our streets, which many Members on both sides of the House mentioned in their Second Reading speeches. I am extremely grateful that all Front Benchers support the Bill and will not vote against it, and I look forward to dealing with some of the amendments in much greater detail in Committee. I urge the House to give this Bill a Second Reading.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).
(1 month, 2 weeks ago)
Commons ChamberAction that is prejudicial to the safety and interests of the UK is the test that we are talking about. If one were delivering humanitarian aid and had to deal with part of a state that we did not particularly approve of, that would not be prejudicial to the safety or interests of the UK. It would be in line with what the UK wished to do, but if it were prejudicial, because it was hostile activity, the test would be passed.
The Minister gives the example of a diplomat, and she is right that our diplomats in Tehran will need to engage with the IRGC—it is nonsense to suggest that they would not be able to do so—but that is why there is a specific exception for that in the Bill. Proposed new section 17A(5) refers to a person who
“acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).”
As I have mentioned, I am concerned that that means that anyone who is a traitor and works for the civil service would have protections under any circumstances, but it means that we do not need that additional threshold, because diplomats are already specifically protected in the Bill at another point.
It is not only diplomats. It may well be NGOs delivering humanitarian aid and people who have to come across states or their designated proxies in particular cases.
I think it is about consistency. The Bill was drafted to try to mirror—albeit in a slightly different context—the Terrorism Act provisions, while fitting into the National Security Act’s provisions, so that we do not have a complicated range of tests.
Amendment 7 relates to defences and sentencing. Essentially, the hon. Member for Rutland and Stamford (Alicia Kearns) wishes to increase the prison sentence for actively assisting to 25 years from the current 14 years. The idea is that 14 years would very much fit in with the sentences under the National Security Act, and we would not end up with a complex range of sentences for quite similar offences. One could increase both, if we were minded to do so, but the point about the introduction of designation in the Bill is that it is trying to fit into the National Security Act, which has been working quite well, rather than our having a whole range of different sentences for very similar offences.
I fully recognise the Minister’s point that she is trying to align the provisions with those in the National Security Act, but as per my argument earlier, let us improve the National Security Act while we are at it. The Minister says that the question is whether she is minded to make the change; I say she should be minded to. If someone actively assists or materially benefits from a hostile state while committing treason, it is absolutely right that they should get a tougher sentence than that for just flying a flag or supporting a hostile state. Those acts are still heinous, but a far worse crime has been committed. I ask the Minister to consider making the change when the Bill is in the Lords.
I note the hon. Lady’s point.
Amendment 10 would
“create an offence of engaging in conduct in preparation for committing, or assisting another to commit, an offence relating to a designated body.”
It is not necessary, because a person who engages in conduct of any kind, including preparatory conduct, that is intended to assist a designated body in carrying out UK-related activities would be caught by the Bill’s provisions.
The hon. Lady talked about what she called a loophole; she said that the Bill does not cover attacks inspired by a designated body. Her amendment 13 would create a new offence for self-directed acts inspired by a designated body, but we do not believe it is necessary. The test for the assisting offence in proposed new section 17B of the National Security Act is whether conduct is intended to assist a designated organisation, or whether the person ought to have known that their conduct was likely to assist the organisation. The person does not need to be tasked or directed by the organisation to commit the offence, so those who are inspired to do things, rather than being asked or told to do things by the designated body, are caught.
With amendment 8, the hon. Lady seeks to capture conduct that occurs outside the UK but is planned within the UK. Again, we believe it is unnecessary. If planning takes place in the UK, it is already caught in the Bill, under the offence in proposed new section 17B of assisting a designated body. That offence refers to conduct of any kind, and it will be an offence to plan something in the UK that takes place outside the UK if it materially assists a designated body in carrying out activities that are prejudicial to the safety or interests of the UK—the prohibited purpose test. That could cover someone in the UK who assists a designated body in its work, done overseas, to target an ally of the UK, so the amendment is unnecessary.
Amendment 14 would create an offence relating to the dissemination of publications that encourage support for a designated body. The conduct that the amendment seeks to address is already covered by the new offence of supporting a designated body.
I think the hon. Lady wanted people to be criminalised for wearing clothing or displaying flags or similar symbols linked to a designated body. The Bill does not ban the wearing or carrying of an image, because we cannot ban what might be worn by a foreign diplomat, but if somebody is supporting or promoting the hostile activities of a proscribed body in any way, they will be caught by the new support offence. I hope that assures the hon. Lady that that issue is covered.
New clauses 5 and 6 would give effect to other recommendations made by Jonathan Hall by creating new powers to seize travel documents, and to allow police to apply for serious crime prevention orders in relation to offences committed under this legislation. We are committed to legislating on those recommendations and, as my right hon. Friend the Home Secretary announced on Second Reading, we will do so as soon as parliamentary time allows.
New clause 3, tabled by the hon. Member for Cheltenham (Max Wilkinson), would require the Secretary of State to bring forward regulations designating the IRGC within a month of this Act coming into force, but the exercise of these powers under this Bill will have significant implications for national security and foreign policy, and it is right that they should be exercised independently by the Secretary of State on the basis of expert advice, including from the security and intelligence agencies. That is what this Bill allows, and putting these designations on the face of the Bill would be a very difficult way to effect the change, so the way to do this is the way that the Bill sets out.
The hon. Member for Cheltenham’s new clause 4, which would
“require the Independent Reviewer of State Threats Legislation to assess the adequacy of the powers introduced by this Act twelve months after its passing”,
is already essentially covered by the Bill’s provisions, because they would be subject to part 3 of the National Security Act. The independent reviewer of state threats legislation has to carry out an annual review into the operation of its provisions, and is also empowered by part 1 of that Act to review any other such things he or she sees fit. Amendment 2 would require the draft affirmative procedure to be used for regulations removing a designation. He is right that such regulations should receive the proper parliamentary scrutiny, and the Bill already provides that such regulations are subject to the draft affirmative procedure. The use of the negative procedure is limited to very minor technical changes, such as the addition of aliases.
My right hon. Friend the Member for Hayes and Harlington (John McDonnell) asked whether it would be possible to proscribe a particular group, and gave a particular example. The test is whether the body is engaged in “foreign power threat activity”; it is a high bar, and it targets organisations that pose a real threat to the UK. I cannot imagine for one minute that my right hon. Friend would be involved in any of those.
Amendment 1, tabled by the hon. Member for North Norfolk (Steff Aquarone), would provide further examples of conduct that would be considered a material benefit, and he spoke about what those might be. Obtaining material benefits from a foreign intelligence service is an existing offence under section 17 of the National Security Act, so I do not think the further examples of conduct in amendment 1 are needed, as that conduct is already caught by the provisions in the Bill.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 1 ordered to stand part of the Bill.
Clause 2
Offences relating to designated bodies
Amendment proposed: 3, page 3, line 8, leave out from “body” until end of line 9.—(Alicia Kearns.)
This amendment and Amendments 4 to 6 would remove the additional defence of supporting a designated body for a non-prohibited purpose.
Question put, That the amendment be made.