Security Threat to UK-based Journalists

Debate between Lord Sharpe of Epsom and Lord Cromwell

Tuesday 21st February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Lord’s question is really more for the Foreign, Commonwealth and Development Office, but I will make sure that it is reflected back to my colleagues in that department. I would imagine that extensive conversations and negotiations are ongoing on this subject.

[Lord Cromwell (CB)]

My Lords, I welcome the Government’s robust declaration of protection for UK-based journalists from threats from overseas, but I am puzzled by their equally robust refusal to protect UK journalists from threats via abuse of our own legal system through the use of SLAPPs by parties overseas, despite cross-party support to do something about it. Can the Minister explain this apparent and ugly contradiction to the House?

[Lord Sharpe of Epsom (Con)]

My Lords, these debates have been rehearsed at considerable length over the past few weeks on the National Security Bill. I have nothing more to add. Obviously, SLAPPs are outside the scope of that Bill, but I am sure that we will come back to this subject frequently.

National Security Bill

Debate between Lord Sharpe of Epsom and Lord Cromwell

Committee stage
Monday 16th January 2023 Lords Chamber

[Lord Cromwell (CB)]

My Lords, I apologise for not having participated in this debate earlier but, like other speakers, I have been provoked by listening to the contributions. The speeches tonight appear to be about either excluding certain categories or, in the case of the noble Lord, Lord Clement-Jones, trying to include a category in the scope of the Bill. The fact is that, if you start to specify organisations or types of organisations, you will include every organisation in the country, whether a business or arts organisation, a charity, a political party or any other group of people, because any organisation can host people who seek to bring influence of one form or another. It is the behaviour, not the organisation, that is the problem here. To suppose that registering organisations will defeat covert practitioners from seeking to exert influence is naive to the point of being dangerous. As many have suggested, the solution is to go away, redraft and come back with a shorter Bill that does not try to include every organisation, not only in this country but in every other country—any one of them could host a malign influence.

[Lord Sharpe of Epsom (Con)]

I thank noble Lords for their important amendments in this group and for the extensive and interesting debate. I would be very happy to meet the noble Baroness, Lady Hayter, and others from other political parties, as she wishes. As soon as the reply to her letter is written, I will circulate it.

I assure the Committee that I have heard the strength of feeling on this issue and the calls to remove the political influence tier completely. I will be taking this back to the department to agree the next steps required to address these concerns ahead of Report, while balancing the need for a mechanism that protects us all from malign foreign influence in the UK. At the risk of upsetting the noble Lord, Lord Carlile, further information will follow.

I should say this: there should be no doubt that those who comply with the registration requirements under FIRS, by being clear and open about whom they represent, are supporting the resilience of the UK and its institutions in the face of state threats. There is no suspicion around those who register with the scheme; they are doing the right thing. However, as I said earlier, this has been an extremely valuable debate and I am grateful for all the thought and expertise that went into these contributions. I reassure the noble Lord, Lord Wallace, that we are not singling out the Dutch; we are merely citing an example. This is about foreign influence.

I start by addressing the amendments tabled on the political influence tier of the foreign influence registration scheme. I have listened carefully, and several interesting points have been made. I have heard the concerns raised about the unintended consequences of the political tier, and the Government will consider these points carefully ahead of Report.

Today, we have heard calls to remove this part of the Bill and focus instead on amending existing lobbying laws. These laws have been designed to be suitable for the supervision of domestic lobbying where British citizens and residents have a right to participate in the political process, but they are inadequate for foreign influence, where the impact of undue influence presents a greater risk to our democracy, and therefore greater regulation is required.

This is reflected internationally, and it is not unusual for countries to have distinct lobbying and foreign influence provisions. For example, the US has a Lobbying Disclosure Act as well as foreign agent registration requirements. Similarly, the Australians have a lobbying register that is separate from their foreign influence transparency scheme. I hope that that goes some way to answering the queries on this from the noble Lord, Lord Purvis.

The United Kingdom is well behind these countries in understanding the impact of foreign influence, and both tiers of the scheme are required to rectify this. FIRS will allow the Government and the public to understand better the scale, nature and extent of foreign influence on our democratic institutions.

I refer noble Lords to the multiple calls in the other place at the point of the Bill’s introduction for a scheme to require transparency around political influence activities. Members of the other place have signalled their agreement that political transparency is essential. We also heard from the director of regulation at the Electoral Commission, who said in oral evidence:

“Any registration scheme that brings more transparency around who is seeking to influence those involved in our democracy can only be to the benefit of the confidence of voters.”—[Official Report, Commons, National Security Bill Committee, 7/7/22; col. 44.]


I know that noble Lords will agree that the British people need to be able to trust the institutions that serve them. It can only be right that the UK public and our democratic institutions are protected from covert foreign influence and better informed as to the scale and extent of foreign influence in our political affairs. I emphasise to noble Lords that the public, and Parliament, should know when these foreign political influence activities are taking place. Transparency is a source of strength. That is why we have included provisions in the scheme to make certain information public.

Those who register under the scheme will be playing an important role in supporting our efforts to strengthen the resilience of our democratic system and political institutions. While we are keen to work with business and other sectors to ensure a workable and easy-to-use scheme, the regulation of foreign communications or disbursements should not of itself be controversial for the reputable end of industry.

I reassure the Committee that the registration requirements will not be burdensome. Registering will require filling in a short online form. The scheme will not prohibit any activities carried out by foreign entities or on their behalf where these have been registered in line with the scheme’s requirements. We intend to consult widely and convene expert panels to produce targeted and practical guidance. That will be published ahead of the scheme going live to ensure that the public and business are clear on the requirements.

The noble Lord, Lord Anderson, asked about NGO workers abroad. The scheme will require the registration of political influence activities where they are to be carried out within the UK at the direction of any foreign power or foreign entity, or where they are to be carried out by a foreign entity itself. Where the activities do not take place within the UK, they will not be caught by the scheme. I think this also answers the question from the noble Lord, Lord Carlile, about the Ukrainian situation.

Police National Computer

Debate between Lord Sharpe of Epsom and Lord Cromwell

Monday 24th October 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The process was subject to all the usual Cabinet Office rules. I do not know how much external consultants were paid; I will find out.

[Lord Cromwell (CB)]

My Lords, will the Minister confirm—I think he has been trying to tell us—that Fujitsu has an unassailable monopoly on this contract?

[Lord Sharpe of Epsom (Con)]

No, it does not have an unassailable monopoly. It obviously has a long history with the police national computer. When the police national computer finally breathes its last, its monopoly effectively does the same.