National Security Bill

Debate between Lord Mackinlay of Richborough and David Davis

2nd reading
Monday 6th June 2022 Commons Chamber

[Mr Davis]

My hon. Friend is tempting me into an area in which I will lose all my friends, as he well knows. My off-the-cuff response—and it is just an off-the-cuff response—is that it is an appropriate area for oversight by the ISC, not by the Defence Committee, simply because of the confidentiality and classification elements that apply.

Let me return to the question of the Official Secrets Act 1989. I agree with everything that has been said so far. I agree that we should look very closely at the Law Commission proposals, because we need certainty. What we have at the moment is an interpretation of the law by juries—whether it is the Ponting case, the Katharine Gun case, where we did not even get to the point because the Government ran away from the case on the first day of trial, or the Derek Pasquill case. In each case, we had an interpretation of the law on a commonsensical basis by juries. Thank heavens for that, frankly, because they have more sense, many times, than the Government have in these areas, but we need predictability on both sides. We need officials to know that if something is done that they think is against the public interest, they can be reasonably confident that the provision will be carried out. That, if it operates properly, will improve the public service. On the other side, the Government should also have a right to know what is coming in that area.

I will make one or two other small points. On the foreign power conditions in the Bill, Reprieve, Privacy International, Transparency International and other excellent organisations that do very good work have received some funding from other nations’ Governments. It does not seem to be the intention that the Bill would have them fall foul of this law, but that might be the effect, so we have to be very clear about how that works. Perfectly legitimate organisations could be left committing an offence, under this area of the Bill, if they use leaked information—which may not even be classified—to challenge Government policy. That requires a closer look.

[Craig Mackinlay (South Thanet) (Con)]

My right hon. Friend is covering clauses 24 onwards, on the meaning of foreign power and influence thereon. There have been instances involving Members of the House during the past few turbulent years, when we had negotiations during the European Union; I did not agree with where they were going with their negotiations with the other side, outside Government channels, but I still believed that they had the right to do so. I am a little concerned that the Bill might capture that type of behaviour. Has he considered that? I would be interested to know Front Benchers’ thoughts on that as well.

Elections Bill

Debate between Lord Mackinlay of Richborough and David Davis

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

Let me start with a comment relating to the question the hon. Member for Lancaster and Fleetwood (Cat Smith) raised about the duty on Governments to be more than fair when they are dealing with electoral legislation. Governments should not, even by accident, put in place electoral legislation that advantages themselves over their opponents. However, I do have to say to her that the most egregious example of that was under Gordon Brown, and the more sanctimonious the Minister, the worse the outcome sometimes. It is incumbent on us to make sure that we do not even accidentally disadvantage the other side in elections.

I want to focus on just one thing today, which is the issue of voter ID. The very fact that the phrase has “ID” in it will tell everybody I am against it—they understand that—but it is not for the conventional reasons. This is not an ID system with a database behind it; it is just an ID card that people have to present. Our country has over the centuries been different from other countries: we do not allow our policemen to come up to people and say, “Can I see your papers, please?” It is important to maintain that distinction between the citizen and the state, particularly when we are talking about the fundamental rights of the individual, such as the right to vote.

The Government quite rightly claim that voter fraud undermines our democracy—the battle on that has already occurred to some extent—but the primary voter fraud has been in postal votes, not in personation. We all know how it has occurred in communities up and down the country, and we should deal with it ruthlessly and prosecute. I say to my hon. Friend the Member for Wycombe (Mr Baker), who used to serve with me as a Minister in the Brexit Department, that the answer to his question is that the prosecution should happen in his constituency. That is what should happen, but let us be clear: since 2014 only three prosecutions have occurred. There have been 30-odd allegations but only three prosecutions, and that is out of many tens of millions of votes cast. So there have been 30-odd allegations, three prosecutions and zero election outcomes influenced; that is what we must bear in mind.

On the back of that, Ministers will want to introduce mandatory voter identification. It is an illiberal solution—unsurprisingly coming from the Cabinet Office, as that is what it always thinks up—in search of a non-existent problem. [Interruption.] I have at least some support on my side of the House.

The Government’s own research found that those with disabilities, the unemployed, people without qualifications, people who had never voted before and ethnic minorities were all less likely to hold any form of ID; those are the sorts of groups we are talking about. In two groups—the over-85s and the disabled—between 5% and 10% had no photo ID. The Joint Committee on Human Rights has warned that the introduction of voter ID may have a discriminatory effect on those groups and other protected groups, and the trial referred to by the Liberal spokesman, the right hon. Member for Orkney and Shetland (Mr Carmichael), when 700 people did not vote as a result of photo ID being required, took place in a set of areas where the numbers of people in these groups were very low; it was basically the southern English test area, not central Bradford or wherever.

This is very serious. We are talking about quite a significant fraction of our population. There are 2 million people in the groups I have described who will have to be met by some ID system, and that must be balanced against three voter convictions. That is the problem we are facing.

[Craig Mackinlay (South Thanet) (Con)]

Has my right hon. Friend looked at schedule 1, which contains a very broad list of valid means of identification? I would be very surprised if anybody in the country today did not have one of them, and my right hon. Friend also knows that there is the provision of free ID from the local council.

[Mr Davis]

The point I would make is that I am quoting from Government research. I did not do this research; it is Government research. By the way, since my hon. Friend draws me to Government research, Lord Pickles, a real old pal of mine, did a study on this. I have read it and, to summarise, the conclusion was, “I can find no evidence of personation but that doesn’t mean it isn’t happening, and of course even if it isn’t happening now it might well happen in the future.” It is the precautionary principle gone mad in the centre of our constitution.

The Government answer, as we have heard several times, is free photographic ID. Nevertheless, the Government’s own research again found that about 42% of people without the ID would not take it up. That is really very serious. These groups are going to be disenfranchised because they do not take it up, and they will turn up at the polling station and find that they are unable to vote. This is in pursuit of three convictions.

EU Exit Negotiations

Debate between Lord Mackinlay of Richborough and David Davis

Monday 13th November 2017 Commons Chamber

[Mr Davis]

My hon. Friend is entirely right. It is a meaningful vote, but not meaningful in the sense that some believe—that the decision can be reversed. That is not available to us.

[Craig Mackinlay (South Thanet) (Con)]

I too met Monsieur Barnier in Brussels last week. I am sorry if I left him for the Secretary of State in anything like a bad mood. I perceive my right hon. Friend’s approach to be fair and reasonable, giving ground where necessary, but this is feeling a little like a one-way street. Does my right hon. Friend share my view that this unreasonable intransigence is becoming as wearing on him as it is on the British electorate?

New Partnership with the EU

Debate between Lord Mackinlay of Richborough and David Davis

Tuesday 17th January 2017 Commons Chamber

[Mr Davis]

No. Being left with what the 27 nations want to impose on us is the definition of a bad deal.

[Craig Mackinlay (South Thanet) (Con)]

I am sure that the Secretary of State shares my enthusiasm for the clarity in the Prime Minister’s speech today on her vision for a global Britain, and freedom from the customs union and the constraints of single market membership, but how will he impart that same enthusiasm to our EU friends and partners as we approach this future in order that they might realise it is as good for them as it is for us—that it is a positive-sum game?

[Mr Davis]

That last point is the most persuasive: it is a positive-sum game, and will be to their benefit as well. The EU has had a difficult five years in economic terms, so if anyone has an appetite for more jobs, business and trade, it is the EU, and we are its biggest market.

Article 50

Debate between Lord Mackinlay of Richborough and David Davis

Monday 7th November 2016 Commons Chamber

[Mr Davis]

Strictly speaking, that is a question for him, not me. He is a very good friend of mine and I will not say anything against him. I am very sorry to see him go, but beyond that, I thought he got it completely wrong.

[Craig Mackinlay (South Thanet) (Con)]

My understanding of parliamentary sovereignty is that it is a mixture of the will of this House, the views of the other place and the Crown in Parliament as exercised by the Government. Does my right hon. Friend agree that article 50 should be triggered and implemented as intended because the instruction has been given by the ultimate holders of sovereignty in this country—the British people?

[Mr Davis]

I entirely agree with my hon. Friend, but that must be subject to one thing: a Government who operate under the law. That is what we are going to do.

European Union Referendum Bill

Debate between Lord Mackinlay of Richborough and David Davis

Tuesday 9th June 2015 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

I am sure Members will be unsurprised that I have stayed for the whole day of debate on a topic that is of great interest to me. Indeed, it is the topic that brought to the fore my interest in politics some 24 years ago.

It is 40 years since this nation has had a decision of any type made by the people of this country—by their hand alone—about where the European Union is going. I give great credit to the Foreign Secretary for his very wise words this morning and for his great preamble to this debate. He really had the heart that I have in some of the concerns he raised. I also pay tribute to the shadow Foreign Secretary, because he argued his case equally well, albeit from a completely different viewpoint. Indeed, I wonder how Labour Members will vote later and as this debate develops.

We have heard this afternoon from some very good right hon. and hon. Members about the pros and cons of various aspects of the European Union, and I do not suppose I need to expand on too many of them. However, when we compare what we have today with the 1975 settlement and the agreement that the British people gave to what was then the EEC, and we look at its move through the Single European Act, the Maastricht treaty, to the treaties of Amsterdam and of Lisbon, we find that we have a very different beast. It is only right that the issue is put to a referendum of the British people, so for me this is a day of great joy. It is, perhaps, the end of a journey; but it is also the start of a brand-new one.

I suggest to Members on both sides of the House, but to more on the Opposition Benches, I think, that when they say they would stay in the European Union no matter what, which we hear a lot, they ought to consider where we were those 40 years ago compared with where we are today. If we cast our minds forward 40 years, we can imagine there being no purpose to this place whatsoever.

Referendums do not come round very often, so this has to be a proper referendum. It must not be pored and raked over after the event, with people saying, “It wasn’t quite right. It wasn’t quite fair”. I am fairly comfortable with the question as it stands. It has gone through the Electoral Commission, which, for many of us, has pluses and minuses—we used to run elections quite easily without thousands of sheets of paper—but on this I think it has got it fairly right. However, I was more than convinced by last year’s Wharton words, which had a complete lack of ambiguity, were simple and did not favour one way or the other. The words in the Bill have the benefit of simplicity but still angle slightly towards the status quo, and therefore do not have the neutrality I would prefer.

The purdah period has been discussed widely this afternoon. It was good to hear from certain Opposition Members—as ever, I listened to the hon. Member for Vauxhall (Kate Hoey) very closely. The Bill is full of clauses about loans, permitted persons and maximum expenditure, but it puts aside section 125 of the Political Parties, Elections and Referendums Act 2000, which causes me concern. On this, I actually agree with the right hon. Member for Gordon (Alex Salmond). I would perhaps be more comfortable if it was set out in legislation exactly who could spend what, how and where. Of course, I am most concerned about how the European Commission spends public money. I want the Commission, in particular, excluded from what is a personal debate within these islands on a constitutional matter.

I was taken by other speeches this afternoon, particularly that by my right hon. Friend the Member for North Somerset (Dr Fox)—there were others, but hon. Members must forgive me for not knowing everybody’s constituencies just yet. The important words are those in all the treaties: “ever-closer union”. As one advertiser says of its product, it means exactly what it says on the tin. In fighting my election campaign over the past 10 months—I am only 90% of the person I was, having walked so much—I found that this referendum was on the lips of many. People want this referendum, and it is right that we have it, but I want it done pretty much for good. The lid must not come off again for 40 years. We must not pore over it afterwards and say, “It was not right and fair”. That is what I will fight and argue for in this place, and doubtless, when the debate moves to the streets of this country, I will make clear which side of the debate I am on. Currently, I could support staying in the EU. It would have to be massively reformed, but I am not one to close my mind; I am here to listen to arguments. That said, I want what we thought it was going to be: free trade and friendship.

[Mr David Davis (Haltemprice and Howden) (Con)]

On a point of order, Mr Speaker. I apologise for interfering briefly in this important debate. On Thursday, the Independent Reviewer of Terrorism Legislation, Mr David Anderson, is publishing a 300-page report on surveillance strategy. It is normal for the Government’s reports to be presented to the House first, before anybody else, but I understand that there are major press briefings tomorrow about it, meaning that we will not be the first to hear about it. We will hear about it first on the “Today” programme, rather than in the House of Commons. Can you advise me, Mr Speaker, on what we can do to bring the Government to heel on this matter?