Political Violence and Disruption: Walney Report

Debate between Tom Tugendhat and Julian Lewis

Wednesday 22nd May 2024 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Intelligence and Security Committee.

[Sir Julian Lewis (New Forest East) (Con)]

I personally find it reassuring that this matter is being debated by two gallant hon. and right hon. Members—my right hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) and the hon. Member for Barnsley Central (Dan Jarvis)—who first met, I believe, fighting extremism in a foreign country.

I wish to draw particular attention to Lord Walney’s recommendation 20 on requiring the organisers of repeated protest marches to contribute to the cost of policing. Last Sunday, the relatives of the wartime Telegraphist Air Gunners held their commemoration service in a nearby church, rather than at the Fleet Air Arm memorial on the seafront at Lee-on-the-Solent, because to do the latter would have involved a road closure and policing for which their little association would have had to pay. Even if one says there should be a wider regime where political protest is concerned, after one large protest on a particular cause, the repetition of the same protest week in, week out—possibly for intimidatory purposes—should certainly not be cost-free to the organisers.

[Tom Tugendhat]

The challenges we are seeing with different churches and communities across the land are where individuals organise protests surrounding areas that are used for different purposes, and that is exactly why this report is so important. When people assemble at sites that should otherwise be free for groups to associate in, whether that is churches or village halls, the important thing is that our democracy is able to be performed there. What my right hon. Friend spoke about may not sound like part of the democratic process, in the sense that it is not party political—it is not a ballot box or an election—but it is part of that process because it is about people getting together, with people able to associate together, feel a place in our community and know that they are part of a rich tradition, all the way from those Fleet Air Arm Telegraphists to those serving today. That is why this report is so important, and why we will be putting so much effort into it.

Investigatory Powers (Amendment) Bill [Lords]

Debate between Tom Tugendhat and Julian Lewis

2nd reading
Monday 19th February 2024 Commons Chamber

[Tom Tugendhat]

My right hon. and learned Friend is right, but he also knows that IPCO has retrospective oversight of these areas. Where it comes under a category allocation through “low or no”, there is an automatic review period within a year. Although he is correct that the application is made within the service, it is within the service subject to a pre-agreed condition and with follow-up oversight, so as to enable that speedy response.

[Sir Julian Lewis]

On a different but not unrelated point, the Minister will recall that I referred to the annual report given to the Secretary of State detailing the individual bulk personal datasets that had been retained and examined. There is no extra work involved in letting the ISC and IPCO see that report. The only possible justifiable exclusion would be something that, at the time of the report, was still current. Is there any reason at all why IPCO and the ISC should not be sent that report, rather than a severely watered-down version?

[Tom Tugendhat]

My right hon. Friend answers his own question. The reason for the difference is the currency element.

[Sir Julian Lewis]

In that case, we can reach agreement if the Minister would like to give us an assurance that the only difference between the two reports will be the exclusion of matters that are current at the time of drawing up the report, but I suspect that there will be many other differences between the two reports.

[Tom Tugendhat]

I will be very happy to talk to my right hon. Friend about that to make sure that he is satisfied. It is important that we make sure that the reports that go to the House—through the ISC, because of the nature of the reports—are relevant and allow appropriate scrutiny. I think we can all agree with that.

I have covered the points raised by my hon. Friend the Member for Broxbourne, so I will turn to the hon. Member for Strangford (Jim Shannon), who made an extremely important point: that his constituents, like any other citizens of the United Kingdom, should expect the right to privacy. He also made a compelling point about the need for security, and I think the Bill strikes that balance extremely carefully. He is right to say that people will be concerned, and he is not alone. I am also concerned that we maintain the right to privacy within our legislative framework, which is why we checked very carefully that the Bill is fully compliant with the ECHR right to a private life. It is also why we looked at the various exceptions.

The hon. Member for Barnsley Central mentioned the notices regime, and he is right that we will keep it under review. We maintain a regular conversation with companies that have an interest in this area, and he is right to say that there is an overseas element. I merely point out that it is the role of this House to legislate for the security of the British people and, in particular, for the safety of our children and families. Such security is not something we can outsource to tech firms on the west coast. We sometimes have a responsibility to pass extraterritorial laws—as he knows very well, we have done that in the past—so although this measure adds to that ability, it is not detrimental because it asks people to maintain their current position before making any changes and to talk to us during that period. There is no requirement to break any policies, change products or introduce new products; it is merely to maintain the status quo, so that we have the same ability to keep the British people safe until we have had a conversation about how that status quo should change.

Finally, the hon. Member for Barnsley Central raised a question about trades unions. He is right that there are many different professions where protected characteristics could come into play, including lawyers, doctors and psychiatrists, and where any such intrusive power should be used with exceptional caution. I would just say that, due to the nature of this place and Parliaments around the United Kingdom, the position of parliamentarian is particular, which is why it is set out specifically and separately in the Bill. That does not mean that any attitude against any other individual should be used cavalierly. It is not a question of the role or the post the person holds, but their rights as a British citizen. Those rights should be absolutely guarded from intrusion or aggression by the state without exceptionally good reason. This amendment, which the hon. Gentleman is kindly supporting, sets out that balance between British citizens’ right to privacy and their right to security. With that, I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Investigatory Powers (Amendment) Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),That the following provisions shall apply to the Investigatory Powers (Amendment) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee. Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 12 March 2024.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7)Any other proceedings on the Bill may be programmed.—(Mark Fletcher.)

Question agreed to.

Investigatory Powers (Amendment) Bill [Lords] (Money)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Investigatory Powers (Amendment) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred under or by virtue of the Act by the Secretary of State or a government department, and

(b) any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Mark Fletcher.)

Question agreed to.

Oral Answers to Questions

Debate between Tom Tugendhat and Julian Lewis

Monday 15th January 2024 Commons Chamber

[Tom Tugendhat]

My hon. Friend is right to ask that question, because sadly, we have seen an absolutely vile upsurge in antisemitism on our streets. We have seen people who claim to be speaking out for equality and justice actually defending people who take slaves, who violate women’s and girls’ rights, and who here in our own country make the Jewish community feel uncomfortable. That is exactly why this Government have committed £18 million to the Community Security Trust. Very sadly, we have also had to commit £7 million to academic security, because there has also been a massive increase in antisemitism in universities. We are combating all of that.

[Sir Julian Lewis (New Forest East) (Con)]

How many times must a demonstration in the same cause be repeated, week in and week out, before the well-funded organisers become liable to pay for at least part of the policing costs?

National Security Bill

Debate between Tom Tugendhat and Julian Lewis

Consideration of Lords amendments
Wednesday 3rd May 2023 Commons Chamber

[Tom Tugendhat]

The hon. Member underplays what the amendment would do. It would be much more than simply filling in a form and would place a greater burden of a need to check, which would be a major requirement for small political parties and grassroots organisations. I am surprised that he, as a champion of local democracy, would require smaller parties to do that.

As I have said, Lords amendment 22 is not needed. The law already makes robust provision in relation to donations to political parties. Foreign donations are banned. It is an offence to accept them and there are strong rules safeguarding against impermissible donations via the backdoor. Parties can accept donations only from permissible donors. As such, the Government will not accept the amendment.

Amendment 122 imposes a duty on the Prime Minister to amend the memorandum of understanding between the Prime Minister and the Intelligence and Security Committee to account for changes to intelligence or security activities

“as a result of this Act”.

It also requires engagement on these revisions to begin within six months of the Act coming into force.

The power to make revisions to the MOU between the Prime Minister and the ISC is not limited to changes resulting from a specific piece of legislation. Adding the amendment risks creating the erroneous impression that explicit legislative provision is required in order for the ISC to propose amendments to the MOU. Further, the power to amend the MOU is already included in the Justice and Security Act 2013. I would be happy to meet with the chair of the ISC, my right hon. Friend the Member for New Forest East, on this matter. Indeed, we have spoken about that in the past.

[Sir Julian Lewis (New Forest East) (Con)]

I am grateful to my right hon. Friend—and he is a friend—who I know is saying what he has to say. We know that the memorandum of understanding can be amended as developments in the organisation of Government require it to be amended, but the trouble is that the Prime Minister has been reluctant to amend it and it is not being amended. The reason this amendment was introduced in the other place is to force the Government to do what they should be doing voluntarily.

--- Later in debate ---

[Sir Julian Lewis]

I am very grateful for the hon. Gentleman’s support and I take this opportunity to pay tribute to both him and his predecessor for making an extremely valuable and valued contribution to the Committee. We draw such authority as we have from the fact that party politics does not enter into our work. I think I heard the Security Minister say that he accepted that the MOU needs to be updated—

[Tom Tugendhat]

indicated assent.

[Sir Julian Lewis]

I see that he is nodding. Should he wish to elaborate on that a little more, that would be even more welcome.

Security Threat to UK-Based Journalists

Debate between Tom Tugendhat and Julian Lewis

Monday 20th February 2023 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

I call the chair of the Intelligence and Security Committee.

[Sir Julian Lewis (New Forest East) (Con)]

I can confirm what is in the public domain, which is that the committee is undertaking a study of Iran and its security implications, and I will just say that I am cautiously optimistic that various causes of delay in the supply of evidence and the progress of that work are within sight of being overcome.

I would like to add my congratulations to the police and security authorities on the announced foiling of 15 credible threats. What I would like to know, without any prejudice to our future inquiries, is whether the Minister is in a position to tell us anything about the origins of the people making those 15 threats. Were they home-grown, or were they people who had come here from Iran? He does hint at the involvement of criminal gangs, which suggests a franchise. How are people able, in this country, to pose such threats? They know who they are, so it should not be difficult for him, either now or in a subsequent announcement, to give an analysis to this House.

[Tom Tugendhat]

I hope my right hon. Friend will invite me to his committee, where I will be able to answer these questions more fully. He will understand that I cannot address them on the Floor of the House. His reading of the question, however, is interesting and, as usual, very well informed.

National Security Bill

Debate between Tom Tugendhat and Julian Lewis

Report stage
Wednesday 16th November 2022 Commons Chamber

[Tom Tugendhat]

I think the right hon. Member will find that espionage is illegal in the United Kingdom, whoever is carrying it out.

[Dr Julian Lewis (New Forest East) (Con)]

Will the Minister give way?

[Tom Tugendhat]

I will.

[Dr Lewis]

The Minister is very forbearing, and I am glad of the opportunity to warmly congratulate him on his appointment and thank him for the positive way in which he has been reaching out to the ISC.

On the question of the second tier, there appears to be some sort of discrimination between countries that are friendly and those that are hostile, and—unless I misunderstand the Bill—only the hostile ones are going to appear in the secondary designation. If that is the case, could it not lead to some anomalous situations when diplomatic relations improve with a country, so we take it off the second tier, or they worsen and we put it on? There is bound to be a time lag in that sort of thing, so how practical is the second tier scheme as it is currently constituted?

[Tom Tugendhat]

My right hon. Friend makes a valid point. The challenge that we have, as he knows very well, is how we balance the responsibility to inform and how wide we go. I have spoken about this issue with my right hon. Friend in the past, and his judgment on this is something I have always valued, so it has always been very important to me that we share a view on it. However, I think we all agree that where a foreign power is seeking to influence our political life in the broadest sense, we should know about it, whoever is exercising that influence.

I take my right hon. Friend’s point about enhanced registration. Sadly, there is inherently a delay between the way that life changes and the response of Government —that is the reality of existence—but it is important for us to recognise that some countries and entities do require enhanced awareness. That is why it is important for us to have an extra tier.

National Security

Debate between Tom Tugendhat and Julian Lewis

Tuesday 1st November 2022 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Intelligence and Security Committee, Dr Julian Lewis.

[Dr Julian Lewis (New Forest East) (Con)]

May I start by apologising to you, Madam Deputy Speaker, and to the House for the fact that I will not be able to stay for the remainder of the statement, as I would normally wish to do?

I congratulate my right hon. Friend again on his new responsibilities. I remind him that, in 2013, extensive new legislation gave considerably greater powers to the intelligence and security agencies. In return for that, an understanding was reached—and there was a memorandum of understanding—between the Prime Minister and the Intelligence and Security Committee that we would have oversight of the various agencies that had improved and increased powers; and that, as the situation changes, we would continue to have oversight of new organisations of the sort that he is announcing today. Will he confirm that the elements of the taskforce’s activities that involve, for scrutiny, access to classified information will fall under the purview of the Intelligence and Security Committee; and that he will break the bad practice that was brought in by the last but one Prime Minister of farming such matters out to ordinary parliamentary Select Committees, which, with the best will in the world, cannot conduct the scrutiny properly because they lack the secure facilities and suitably cleared staff?

[Tom Tugendhat]

I thank the Chair of the Intelligence and Security Committee, who knows well the importance that I place on Committees. I merely challenge him on one small aspect: there is no such thing as an ordinary Committee in this House. All of them are select and are selected by the House for the purposes that they have been asked to investigate. I make absolutely clear my commitment to work with his Committee and the Committees of others, as relevant, to ensure that the necessary democratic oversight of Government is complete.

Overseas Chinese Police Stations in UK: Legal Status

Debate between Tom Tugendhat and Julian Lewis

Tuesday 1st November 2022 Commons Chamber

[Tom Tugendhat]

I thank the hon. Lady for the tone with which she has approached not just the urgent question but the National Security Bill Committee, and for the openness and frankness with which she has enabled us to work on a truly cross-party basis on what is fundamentally a national security question for our whole country. I am extremely grateful for the way she has addressed these questions.

The Safeguard Defenders report that the hon. Lady cites certainly raises some very serious concerns. Those are being looked into. Of course, it would not be the first time an authoritarian dictatorship had claimed powers that it does not have, so we are looking into the assessment and, as I say, we will come back to the House with a report when and if action needs to be taken.

On FIRS, the hon. Lady is absolutely right that this is a matter that many of us have raised on numerous occasions. As soon as the National Security Bill is through the House—as she is well aware, that will, I hope, be very soon—those powers will be able to be used to defend not just this country but Members of this House against the intimidation or influence of those who seek to lobby or influence, masking the fact that they are doing so for a foreign state.

On protections, the hon. Lady is, again, absolutely right. The reality is that there is no police force in this country that has jurisdiction except the police forces of the United Kingdom. She is absolutely right that no foreign force should have abilities to influence, detain, hold or pressurise citizens of our country, except those that are agreed to by law.

[Dr Julian Lewis (New Forest East) (Con)]

I welcome my right hon. Friend to his new post and congratulate him on it. Is he able to explain the criteria under which a so-called diplomat found guilty of a criminal assault would be declared persona non grata? On our concern about unofficial foreign police forces in our country, how safe should Hong Kong students feel in UK universities, given the amount of physical and especially financial penetration of those universities by communist Chinese entities?

[Tom Tugendhat]

May I thank the Chairman of the Intelligence and Security Committee for his kind words and emphasise my keenness to work with his Committee and Members across the House to make sure that we address this subject together? His question about diplomats is, I am afraid, one for the Foreign Office, but he can be absolutely assured that information arising from any inquiry or assessment by the Home Office or by police forces or agencies will feed straight into the Foreign Office for its evaluation.

As for Hongkongers in UK universities, my right hon. Friend will know that, in a former incarnation, I may have been responsible for the publication of a Foreign Affairs Committee report in 2019 that highlighted the threat that some face in universities. He can be absolutely assured that that has not left my desk.

Overseas Operations (Service Personnel And Veterans) Bill

Debate between Tom Tugendhat and Julian Lewis

2nd reading & 2nd reading: House of Commons
Wednesday 23rd September 2020 Commons Chamber

[Dr Julian Lewis (New Forest East) (Ind)]

I greatly admire and respect the hon. and gallant Member for Barnsley Central (Dan Jarvis), but I fear that it would require rather more than just an improvement to the way in which service authorities investigate allegations to solve this problem, because the problem derives in large part from the application of the Human Rights Act abroad.

The purpose of this Bill should not be to stop sound cases being prosecuted, and it does not do so. Its purpose should be to stop unsound cases being repeatedly investigated, and that, I fear, it fails to do. The hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) seized on this point in his earlier intervention, in which he referred to intimidation by reinvestigation, and he is right; that is the nub of the problem. The Secretary of State conceded that only a small proportion of these many cases—most of them spurious—end up in a prosecution. He suggested that, if it were known that there would be less likelihood of a prosecution, there might be fewer rounds of investigation and reinvestigation, but I am afraid I do not find that wholly or, indeed, at all convincing. Something must be done to stop the repeated reinvestigations, which, in large part, happen because of the application of the Human Rights Act abroad.

I first became aware of the scale of this problem several years ago when I heard speeches from my hon. and gallant Friends the Members for Beckenham (Bob Stewart) and for Filton and Bradley Stoke (Jack Lopresti). The effect of that was to interest me in trying to take the matter further during the two periods for which I chaired the Defence Committee. In those two periods, we produced three reports. The first inquiry was carried out by the sub-Committee under the chairmanship of my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), now the Minister for Defence People and Veterans. That inquiry dealt with Iraq and reported in February 2017. The second one dealt with Northern Ireland and reported in April 2017.

The third one, dealing with the whole panorama of all these scenarios, reported in July 2019. That report warned that the European Court of Human Rights

“has gone far beyond the original understanding of the European Convention on Human Rights, and… its rulings have stretched the temporal and territorial scope of the Human Rights Act beyond Parliament’s original intentions”.

The report examined proposals by Professor Richard Ekins, now professor of law and constitutional government at Oxford University, in which he proposed to restore the former scope of the HRA and the application of the ECHR. As long as that legislation, which was never intended to be applied abroad when it was enacted by this House in 1998, persists in its extended application, we will not solve this problem.

[Tom Tugendhat]

Is my right hon. Friend aware that it is not only the United Kingdom facing an issue with the extraterritoriality of the ECHR? The French Conseil d’État —in which I must declare an interest, as my wife is a member—has also been investigating this, as has the German court, because this extraterritoriality was never envisioned by the signatories in the ’50s, nor was it envisioned by the then Prime Minister in the ’90s.