National Security (State Threats) Bill

Debate between Lord Carlile of Berriew and Lord Davies of Gower

Committee stage
Tuesday 30th June 2026 Lords Chamber

[Lord Carlile of Berriew (CB)]

It took your Lordships quite a long time to get that one.

But seriously, I commend and congratulate my noble friend Lord Anderson and the Minister for the hard work they have done together in the last couple of days. I was attending a wonderful family wedding in Hereford Cathedral yesterday and was being informed, between bits of the service, of what was happening in the discussions. I am very happy with the result. What has been agreed gives sufficient protection for the concerns that have been expressed.

I mentioned at Second Reading my belief that the discretion vested in the DPP and the Attorney-General is a real protection and would be a real protection for those who might be faced with even a suspicion of prosecution in such a case. I think that we have reached a good way to deal with the matters raised by my noble friend Lord Anderson at Second Reading.

[Lord Davies of Gower (Con)]

My Lords, I thank all noble Lords who have contributed to this debate. It is vital to our national security that those who assist bodies designated under this Bill are appropriately and effectively punished. The Terrorism Act 2000 has no prohibited purpose condition analogous to that included in the Bill, which we on these Benches believe could be exploited by potential criminals.

As my noble friend Lord Cameron and I argued at Second Reading, the existence of a prohibited purpose requirement will add a large degree of subjectivity and present further evidential barriers for prosecutors in the majority of cases where offenders have no legitimate defence. This argument was also made by Conservative MPs in the other place. We were told, however, by the Government that they were unable to accept our amendment, that no amendments to this Bill would be accepted and that our only chance of engaging in meaningful dialogue was to wait until the next national security Bill, the date for which is unspecified.

It is in that context that I turn to the amendments tabled by the noble Baroness, Lady Northover, and the noble Lord, Lord Anderson. Amendments 12A, 13A, 17A, 18A and 19A seek to create a defence for the offences of assisting a designated body or obtaining material benefit from a designated body. I understand the principle behind these amendments. However, we on these Benches worry that

“for the purpose of carrying out humanitarian activities”

is a potentially subjective criterion that may be misinterpreted and expanded by the judiciary or exploited by those seeking to harm the interests of the UK. Equally, the inclusion of a “reasonable excuse” defence for the obtaining of material benefit from designated bodies is a cause for concern. The wording is sufficiently broad that it may encompass excuses that are not intended to be captured. Moreover, the Minister has repeatedly resisted amendments with much tighter wording, arguing that the intention was for this Bill to be drawn as narrowly as possible.

Given the perhaps unhelpful manner that the Government have displayed during the passage of the Bill, I was extremely surprised to see these amendments appear on the supplementary Marshalled List last night. The tabling of amendments at the 11th hour, with minor drafting tweaks, would make the reasonable observer conclude that the Government have been involved in the drafting process. However, I struggle to believe that would be the case, given that the Government have told the Official Opposition on multiple occasions that they were unable to make further policy decisions during the interregnum. Indeed, they were so unwavering in this stance that they were unable to accept even amendments that had been confirmed as government policy, such as that on the seizure of passports. Therefore, I look to the Minister to assure the House that there has been no government involvement in the drafting of amendments in this group. Can he confirm that?

I can only reasonably assume that the Government will therefore be unable to accept the amendments in the name of the noble Baroness, Lady Northover. If the Government have offered assistance to the Liberal Democrats and are willing to accept the amendments in this group, I have several further questions for the Minister. Why did he inform us that the Government’s hands were tied and that no compromises could be made on the Bill between Second Reading and today? Given that the Conservatives also raised the issue of a defence to the offence of supporting a designated body, why were the Government willing to give preferential treatment and to work with Liberal Democrat Peers, but not the Conservatives? The Government informed us several times that, even with amendments they were sympathetic to, there simply was not enough time to draft them in an acceptable form during the passage of the Bill. Can the Minister now confirm that this was not the case, or did the Home Office increase the capacity of the legislative team over the weekend?

The concerns raised by the amendments in this group are not novel. In the spirit of collaboration, I even wrote to the Minister on 10 June, before Second Reading, outlining the issues on which we wished to work constructively. We were told in no uncertain terms that, on every issue raised, the Government were unable or indeed unwilling to act. The decision therefore to assist in the drafting of amendments that were published the night before Committee is just not satisfactory. It leaves noble Lords with very little time to consider amendments that concern national security and which are an unfortunate attempt at avoiding genuine parliamentary scrutiny. I would be very pleased if the Minister could address these concerns.

Driving Licence: Young and Newly Qualified Drivers

Debate between Lord Carlile of Berriew and Lord Davies of Gower

Monday 15th January 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I take my noble friend’s point, but I think noble Lords should be aware that on acquiring their first full licence a new driver is on probation for two years. During that time, they are subject to a limit of six penalty points for any driving offences, including any received when in the learning stage. If six or more points are received, the driver loses their full licence and must apply again for a provisional licence, re-entering the learning stage, so it is quite stringent.

[Lord Carlile of Berriew (CB)]

Does the noble Lord agree that one reason why young people sometimes drive so badly—and why so many young people are convicted of driving without insurance—is that the cost of insurance is way outside the budget of most families, even when the child in that family has learnt to drive through a driving school? Is it not time that the Government and the insurance industry got together to talk about educating young drivers to drive better and to obtain more driving experience?

Illegal Migration Bill

Debate between Lord Carlile of Berriew and Lord Davies of Gower

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Lord Carlile of Berriew (CB)]

Surely noble Lords can speak only if they have been present throughout the debate from the very beginning.

[Lord Davies of Gower (Con)]

The noble Lord is absolutely right—that is correct.

National Security Bill

Debate between Lord Carlile of Berriew and Lord Davies of Gower

Committee stage
Monday 19th December 2022 Lords Chamber

[Lord Pannick (CB)]

I respectfully disagree with the noble Lord, Lord Carlile. He may well be able to make a compelling case that there is a mischief that here needs to be addressed, but it is surely nothing whatever to do with national security, which is the subject of the Bill. The noble Baroness, Lady Ludford, is right that it is puzzling that there is no requirement in Clause 2 that it be established that the conduct in question is prejudicial to the safety or interests of the United Kingdom. The desirability of improving intellectual property law is really not an appropriate subject for a Bill of this nature.

Moreover, the noble Lord, Lord Carlile, says that if one looks at Clause 2(2)(b), that paragraph ensures the protection. I remind the Committee that all that Clause 2(2)(b) does is define a “trade secret” as information that

“has actual or potential industrial, economic or commercial value which would be … adversely affected if it became generally known”.

That is the loosest possible definition of a commercial trade secret. It is impossible to understand why matters of that sort should be dealt with in the Bill; indeed, that information may be enjoyed or owned by a foreign individual or company.

Trade secret law is very well developed. It includes remedies for damages and for injunctions. To include Clause 2 in the Bill would attract not just the considerable criminal penalties that the noble Baroness, Lady Ludford, referred to, it would invoke Clause 16, on the criminality of preparatory acts—

[Lord Davies of Gower (Con)]

My Lords, if this is an intervention, could the noble Lord make his point, please?

[Lord Carlile of Berriew (CB)]

The noble Lord asked to make an intervention, which is why I allowed him to, and I regret that he used the procedure of the House to make a speech. He will be free to make a speech if he wishes to do so.