National Security Bill

Debate between Lord Carlile of Berriew and Lord Butler of Brockwell

Committee stage
Wednesday 21st December 2022 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, I have great respect for any new clause proposed by the noble Lord, and with the name of the noble Lord, Lord Faulks. It is therefore with some trepidation that I may strike a discordant note. I am almost intimidated by the compelling ad majorem argument which the noble Lord used, and some of the names he referred to in support of his proposal. I read the Policy Exchange document at the time, which seemed to me both ambitious and, to an extent, misguided. I will give four or five reasons why I am of that view.

First, what is described as treason in this proposed new clause is in every instance already prosecutable under existing offences. In my view, duplication of conduct under different headings is a disadvantage to the courts and creates potential difficulties with juries, which are sensitive to the labels that would be placed by conviction upon those prosecuted.

Secondly, the clause refers generally to an “attack”. Does that include cyberattacks, which are now being conducted on a very large scale by countries which have hostile intent towards the United Kingdom? Is it proportionate that a cyberattack should be punishable as treason as opposed to under the available existing legislation?

My third argument is about symbolism in criminal justice legislation. I know that some of us sat in this building in another place during the content of the Westland affair, as a result of which the jury failed to convict somebody who in law had been held by the judge to be guilty of the offence as charged. That is a result we would all wish to avoid. Others here were in very senior official positions during what proved to be a very uncomfortable episode. I look in particular at my noble friend Lord Butler, to whom I give way with pleasure.

[Lord Butler of Brockwell (CB)]

I think my noble friend is referring to Ponting, not Westland.