National Security Bill

Lord Ponsonby of Shulbrede Excerpts

Report stage
Tuesday 7th March 2023 Lords Chamber

I am grateful to the Minister for stating that the regulations to establish the scheme will not be put in place until guidance has been issued. It would be helpful if he could state categorically that there will be enough time after the guidance has been released before the scheme becomes operational. There is no point in guidance being published a week before it is operational. Many people will need to familiarise themselves with it, and their knowing that they are not part of it is as important as knowing that they are. If the Minister could take the opportunity to be crystal clear about the Stiftungen, that would tidy up some loose ends. I am grateful for the way in which he has approached this.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the enhanced tier of FIRS requires the registration of arrangements to carry out any activity in the UK, or for future activities to be carried out in the UK, at the direction of a specified foreign power or entity. It also requires activities carried out by specified entities to be registered. I too am grateful for how the Government have responded, following concerns that this tier could deter legitimate activities. The Minister has introduced a series of concessions, as he mentioned in opening, which we welcome. There are outstanding issues, which I would be grateful if he could amplify in his answers.

On his Amendment 106, the noble Lord, Lord Wallace, spoke about the need for regular reviews, which may highlight barriers to international collaboration. He gave examples from his family—particularly his son, who is no doubt doing important research work up at Edinburgh University. The purpose of this is to ensure that the enhanced scheme does not make the same mistakes as other schemes around the world. I draw the Australian scheme to the Minister’s attention, which I understand is currently being reviewed, given some high-profile concerns about how it is working. I look forward to his answer.

[Lord Sharpe of Epsom (Con)]

I thank noble Lords for their contributions to this short but constructive discussion. I will turn straight to the amendments tabled by the noble Lord, Lord Wallace of Saltaire.

Amendment 91 seeks to ensure that registration under FIRS is not required when the arrangement is registered under other legislative requirements. However, somewhat contrary to the noble Lord’s assertion, I think there is a clear difference between FIRS and the National Security and Investment Act, the academic technology approval scheme and the export control regime. The Government are clear that FIRS fills a gap in our toolkit. It is worth highlighting that the focus of this enhanced tier is to provide scrutiny to UK activities directed by specified foreign powers—it is worth emphasising this; we are talking about the enhanced tier—and foreign power-controlled entities.

We consider that there will be limited circumstances where there is a risk of duplication, but we will work closely across government departments and potential registrants to keep the burden of registration to a minimum and inform our approach to using this tier of the scheme. The Government do not want to impose unnecessary burdens. We have committed to a consultation on the guidance ahead of bringing the scheme into force. If that process identifies risks of duplication, the power to target what arrangements and activities will need to be registered can be used to reduce unnecessary duplication. This will be considered on a case-by-case basis when specifying foreign powers and entities.

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[Lord Purvis of Tweed (LD)]

My Lords, the noble Baroness, Lady Hayter, raised valid areas with regard to the sometimes complex relationships between political parties and the Governments of states, which I hope the Minister, who referred to foreign Governments, can go a little further and point to. It is absolutely right that that is one of a number of criteria set down earlier in the Bill, in Clause 32, and that the meaning of a foreign power includes

“a political party which is a governing political party”.

There will still be issues when it comes to relationships such as demand and supply and other kinds of relations, but I hope that the Minister will provide clarity and proper consultations so that, when we come to the finalised guidance and regulations, those issues will be very clear. The Minister will not be surprised to hear that, as in the earlier group, we are still hoping for that bit of clarification on the German Stiftungen and others represented by the kinds of organisations that the Stiftungen are—those that operate within a public policy and political sphere but are not directly linked to the Government or governing political parties although they are, by definition, political in their nature. I am sure that the Minister will respond to that when he winds up.

Like the noble Baroness, Lady Noakes, we have a number of scars on our back from legislation where we have tried to do heavy lifting in this Chamber to improve Bills. I tabled a number of amendments in Committee highlighting the concern that what had been brought forward was an unworkable scheme; I think we are now looking at a workable scheme. That is important for the security of our country.

I particularly welcome the draft registration forms, about which I had raised concerns in Committee. I am very pleased that the Minister will be having an active consultation. I am delighted that there will be an updated impact assessment. While the Minister said that that is required of the Government, in previous Bills some excuses have been made for impact assessments not to be updated, so I am very pleased about that. And on the draft regulations, as I said, I am delighted.

As I said on the earlier group, the Minister has been true to his word. I have just one final favour to ask of him. Given that I have been rather successful with colleagues in securing some concessions on this Bill, could he have a word with other Ministers, just to say that “Purvis is not always wrong”? Sometimes, we can do our job in this place; we can make the Government’s job a bit better and make unworkable schemes workable. I commend the Minister for how he has approached this so far.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, there seems to be a new approach to Ministers by buttering them up. I noticed my noble friend buttering up the noble and learned Lord, Lord Bellamy, the other day, which seemed to cause amusement in the House. Nevertheless, I too thank the Minister for his response to the earlier concerns raised. The primary tier of FIRS requires the registration of

“arrangements to carry out political influence activities within the UK”,

or to arrange for such activities to be carried out in the UK,

“at the direction of a foreign principal”.

Registration of political influence activity is also required

“where the activity is being carried out by the foreign principal itself. The foreign principal will be responsible for registering political influence activities”.

As I said, concerns were raised that this could impair international co-operation through political parties and similar organisations. It was previously reported that the Government might withdraw the primary tier entirely, but, instead, the Minister has removed the most controversial features of this and accepted Amendment 110A in the names of the noble Lords, Lord Anderson and Lord Carlile—and the name of the Minister himself is also on that amendment.

I also mention the contacts from the German embassy in relation to the same points raised by the noble Lords, Lord Purvis and Lord Balfe, at an earlier stage of Report: the concerns of political foundations such as the centre-left Friedrich-Ebert-Stiftung and the centre-right Konrad-Adenauer-Stiftung and whether they would have a duty to register. If the Minister could repeat what he said earlier, I hope that the minds of the representatives of those organisations will be put at rest.

I welcome what has been said. I hope that this is indeed a workable scheme. I think it was the noble Baroness, Lady Noakes, who described a “radical overhaul”, which it is not usual to get on such an important Bill as this. I think that everybody accepts that this is a very important Bill and I hope that it will emerge from your Lordships’ House a better Bill than when it arrived.

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[Baroness Ludford (LD)]

My Lords, I can speak briefly because my noble friend Lord Marks and the noble Lord, Lord Pannick, have spoken forcefully on this matter. The amendments to remove Clauses 89 and 90 are in my name and signed by the noble Lord, Lord Pannick. I spoke at some length on this in Committee, and I believe it is a matter of principle—a very flawed principle, as the noble Lord, Lord Pannick, said—to bar anybody with a terrorism offence, however minor, from being granted civil legal aid.

The noble and learned Lord, Lord Bellamy, admitted in Committee that this proposal was “symbolic”— I think he said it more than once. In other words, it is gesture politics. The hope must be, as the noble Lord, Lord Pannick, just said, to paint those of us opposing it as somehow soft on terrorism, but I put it to the Government that they could be regarded as soft on murder, rape and sexual offences. They are apparently content that major offenders against women, of the likes of Wayne Couzens and David Carrick, variously guilty of abduction, rape and murder, could one day be eligible for civil legal aid, but not someone who is a minor offender under terrorism laws. If they try to throw at us in the Daily Mail that we are soft on terrorists, the Government ought to be prepared for a counter charge that they are soft on murderers and rapists. Given the huge public concern in recent weeks, months and years about the volume and the type of offences against women, I do not think that the Government are going to come out of this well.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, these clauses restrict access to civil legal aid for convicted terrorists, although there are exemptions to this, such as when the convicted terrorist is under 18. I welcome government Amendments 184 and 186, where the Minister has made a further concession regarding people who have been victims of domestic violence and domestic abuse.

While we support the principle that terrorists should not receive legal aid, we are concerned that application of these clauses could permanently impact those with minor offences such as vandalism. We have therefore tabled Amendment 188A in my name to create a practical mechanism to address these concerns. This would establish a statutory review of the impact on those who receive non-custodial sentences. We will not support Amendment 180 in the name of the noble Lord, Lord Marks, which would allow terrorists to receive legal aid if their applications relate to a non-terrorism offence. We believe that these most serious offenders who commit attacks on the UK should not receive support, regardless of the nature of their later civil proceedings.

There is a point of principle here, which is that terrorism is a uniquely targeted offence against the British state, and we think that that needs to be recognised. However, there are the points of the low-level offences, which I brought to the attention of the Committee, and there is also the point that was acknowledged by the Minister about people who are victims of domestic abuse. So, there are principles here, but there is a clash of principles.

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[Lord Ponsonby of Shulbrede (Lab)]

I agree that it demands justification, which is that when terrorists carry out their activities, they are attacking in a random way the state itself. The attacks against women to which the noble Baroness referred are of course totally reprehensible, but do not attack the state in any way. They attack women for what they are and those offences are, of course, taken extremely seriously.

I accept that the Government’s amendments regarding civil legal aid on these offences send a message. I and the Labour Party accept and support that point. However, that needs to be ameliorated at the lower level and reviewed. That is why I will be testing the opinion of the House when we reach Amendment 188A.

[Baroness Butler-Sloss (CB)]

That does not clear a path in the Bill at all. I am rather shocked by Clause 89. I should like to ask the noble Lord whether he accepts the position regarding someone who was convicted of terrorism some years before and brings a civil claim, particularly, for instance, for eviction from housing. Is he or she entitled to a lawyer in order to be able to come before the court and put his or her case? If so, there is an absence of fairness if that person cannot afford the lawyer that he or she would need, and would have to represent himself or herself. That seems to be contrary to access to justice.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we in the Opposition are accepting the principle that terrorism is uniquely terrible and needs to be dealt with in that way. However, my amendment calls for a review of the impact of this on certain lower-level cases.

[Lord Pannick (CB)]

The noble Lord is being patient, but what is there to review? Why has he not put down an amendment that simply excludes from this objectionable clause those who are convicted only in circumstances that lead to a non-custodial sentence? That surely is the logic of what he is saying. Why do we need a review?

[Lord Ponsonby of Shulbrede (Lab)]

We need a review because we do not know what the impact is unless we have looked at the data. It seems to be as simple as that.

[Lord Purvis of Tweed (LD)]

I am grateful and the noble Lord is being patient on these points. He referred to only the most serious cases and said that there was a separate issue with regard to cases that are less serious. In Committee, he used as an example a personal one: someone being convicted of the offence of graffiti. That woman—if indeed it was a woman—would no longer be able to get any legal aid support if she had been a victim of human trafficking or sexual attack. That cannot be right. Does the noble Lord agree that that is what he is supporting today?

[Lord Ponsonby of Shulbrede (Lab)]

As the noble Lord knows, the amendment is calling for a review to look at the practical impact of the proposed legislation. We have yet to hear from the Minister on whether the Government accept that a review is necessary.

[Lord Davies of Gower (Con)]

My Lords, I remind noble Lords that this is Report and not an opportunity to further debate the matter.

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Moved by

[Lord Ponsonby of Shulbrede]

188A: Clause 89, page 61, line 33, at end insert—
“(10A) Within 60 days of this section coming into force, a Minister of the Crown must publish a review in to the impact of this section on offenders who have been sentenced to a non-custodial sentence.”Member's explanatory statement
This amendment means that a Minister must review the impact of restrictions on legal aid on those who receive non-custodial sentences.

[Lord Ponsonby of Shulbrede (Lab)]

I wish to test the opinion of the House.