National Security and Investment Bill

Lord Leigh of Hurley Excerpts

Report stage
Thursday 15th April 2021 Lords Chamber

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

I have received a request to ask a short question for elucidation from the noble Lord, Lord Leigh of Hurley.

[Lord Leigh of Hurley (Con)]

I suppose I should say that modesty had forbidden me from putting my name down for this group. I wanted to have a point clarified and to thank the Government for listening to the Back-Benchers. I think it was fairly random that I took the 15% point: I cannot remember how it was allocated. I thank the Minister for listening to the many people who made representations.

In respect of the point from the noble Lord, Lord Lansley, about the fourth case—Clause 8(8)—we debated this and I think I raised the question at the time as to what influencing the policy of the entity means. To return the compliment to the Government, I agree with them in this instance because if we had Clause 8(8), I can see a lot of discussion and debate as to the meaning of enabling a person to materially influence “the policy”. We discussed the meaning of this at length. I return the compliment and agree with my noble friend the Minister.

[Lord Callanan (Con)]

I will just say that, as always, I agree with my noble friend.

--- Later in debate ---

[Lord Rooker (Lab)]

My Lords, I beg to move Amendment 35, which was tabled in the name of my noble friend Lord Grantchester.

As my noble friend Lady Hayter said in Committee, there is considerable concern in the higher education and research sectors about the potential impact of the Bill on research partnerships. Organisations have been crying out for clarity. Amendment 35, which I move on behalf of my noble friend—I thank the noble Lords, Lord Lansley and Lord Clement-Jones, for signing it—would require the Government to

“publish guidance for the higher education and research sector”,

including

“a clear explanation of asset transactions”

indicating how

“research, consultancy work, and collaborative research and development”

will be affected and how the provisions apply to

“strategic security partnerships and domestic partners.”

The amendment would also require the Government to

“consult the higher education and research sector”

in a meaningful way in advance of the guidance. The amendment is therefore about developing guidance and promoting good practice, in that it should be done in co-operation with the sector. I certainly hope that the Government will agree to that.

The Russell group has said that, without clear guidance, a significant proportion of universities’ routine engagement with British business could inadvertently be captured by the Bill. I am grateful to the Minister for his engagement on this issue; I understand that there has been an indication that the Government have listened. Without getting ahead of the Minister, when he comes to wind up, will he confirm when the guidance will be published by the Government and how higher education and research institutions will be involved in drafting it? Will a draft of the guidance be published beforehand, for example? How will higher education institutions be highlighted in the critical sectors? Will the guidance include hypothetical scenarios so that people can plan?

Universities want to help to make the Bill work, as we all do; the Bill has enormous support across Parliament. We can all be united in recognising the benefits of businesses working with research institutions, which we want not only to continue to support and allow to flourish but to continue increasing. I beg to move.

[Lord Leigh of Hurley (Con)]

My Lords, I thank the Minister, my noble friend Lord Callanan—he is not in his place—for his letter to us regarding guidance products. I was a bit confused by the word “products” but let us let that pass for the moment. The letter tells us about the expert panel, which is welcome; I gather that it has already sat, so that is a good start. I was slightly disappointed not to see any representatives from the insolvency profession on that panel because I think that, when they wake up to it, they will find that this Bill affects them much more than they realise. R3 had already told me that it would like to be on the panel, and no doubt the IPA, after its annual lecture the other week, will be keen to have representations on it. I also hope that the expert panel might include members of the public and practitioners who feel that they can contribute usefully.