(5 years, 4 months ago)
Commons ChamberMy right hon. and learned Friend is right to highlight the ISC’s statement, which has been an important contribution to the debate. As he knows, there is a significant overlap between what it says and the review’s conclusions. On Ofcom’s powers and the resources that must flow with those, I agree that it will be necessary to make sure that Ofcom has the resources to discharge its new duties properly. We will seek to give proper attention to that in the consultation process that is to follow.
On the issue of the timescale for the consultation, my right hon. and learned Friend will understand that we are keen to proceed as quickly as possible. One of the reasons I am addressing the House this afternoon is that had I not done so this week—the House will know that I made a commitment that it would know first when we were in a position to disclose the results of this review—I would be doing it in September at the earliest, and we would be beginning this process some six weeks later than we now can. I hope he recognises that that is an indication of the Government’s intention to proceed as quickly as we can, notwithstanding what he described as an inevitable delay in relation to Huawei specifically.
It is now three months since the national security leak that confirmed that the Government were split over allowing any Huawei involvement in the 5G network, yet it is clear that the Government are still prevaricating, while the US and Australia have been quite vocal about their concerns about the UK Government’s approach. The reality is that this statement is just a lot of words to confirm further delay. Why are the decisions now being left in the gift of the new Prime Minister? Is this just another case of putting the Tory party before the country?
When will we learn the proper definitions of core and non-core network? What happens if there is a legal challenge to the definitions? Would an outright ban not simply be more robust and effective? Further, if the Government continue to progress down the route of identifying core and non-core network, what controls and oversights will there be to ensure that there is no technological solution that allows Huawei to retrieve any data from the core network, if it is allowed to be involved in future?
What assessment has been made of the existing contracts that Huawei has, including its involvement in EE’s existing 5G roll-out to seven cities across the UK? Does not the existence of those contracts show how far behind the curve the UK Government are in taking action? It is a bit too late to be using the word “urgency”. How long will it be before the proposed telecoms security requirements are in statute, given the failures that have been identified? When will guidance be published for the voluntary code that the Secretary of State referred to? What will the Government do to create the desired diversification policy that was outlined in the statement?
Another Chinese company with security risks is ZTE. Have the Government made any risk assessments about the fact that ZTE has been picked to construct a 5G network in Jersey? What is the current status of ZTE’s partnership with BT, and has that been reviewed? Have there been wider Cabinet discussions on Chinese involvement in Hinkley Point C and the reliance on Chinese development to get the station operational? What security risks does that pose? Does this not show that the Government need much more of a bigger-picture approach, rather than the silo approach that is happening at present?
The hon. Gentleman has asked a number of questions; let me try to deal with as many of them as I can.
On the hon. Gentleman’s last point about Chinese involvement in the wider economy, he will recognise that there is a balance to be struck between welcoming inward investment into our economy, which we do, and wanting to be confident that our security requirements are met. In relation to ZTE, he may know that the Government’s judgment, based on advice from the National Cyber Security Centre, is that ZTE should not have engagement particularly in the 5G communications network, which is the subject of this review and this statement.
On the hon. Gentleman’s earlier points, he describes what I am announcing as prevarication. I hope that I have been straightforward in accepting that there is a delay, and I have explained the reasons for it in relation to Huawei. I do not believe that it would be sensible, responsible or helpful to anyone, including the telecoms industry, were I to give a partial decision today when I am not in a position to give a complete decision. It follows from that that when the decision comes to be made, there will be a new Prime Minister in office—that is now a little less than 48 hours away—so it is inevitable that that will be the case.
The hon. Gentleman mentioned a legal challenge. As you would expect me to say, Mr Speaker, from a former life I am always aware of the possibility of legal challenge. In my experience, it is always a possibility, but the way that we can best insulate against it is to reach sensible decisions based on defensible criteria. Again, the best way to do that is to make sure that we have all the information that we need before we make a decision of this kind. That is precisely what the Government propose to do.
It is, of course, a possibility—and remains so—that the Government may decide that an outright ban on Huawei equipment in the 5G network is the appropriate course of action. All I say today is that we are not yet in a position to make a comprehensive decision about that. As soon as we are, we will, but the hon. Gentleman has my assurance—as I indicated to the Opposition spokesman, the hon. Member for West Bromwich East (Tom Watson)—that the decision that we take will be, first and foremost, in the interests of the United Kingdom, and that security interests and our national security equities will be the most important consideration in that.
The hon. Member for Kilmarnock and Loudoun (Alan Brown) suggests that the actions that we are taking are behind the curve internationally. That is not so. If we produce telecoms security requirements in the way that we propose, they will be world-leading measures, and we should be proud of that. We will legislate for them as soon as we are able to do so.
The hon. Gentleman asked for more detail about what diversification of the supply chain might involve. Let me give him some possible examples. We are talking about measures such as improved access to spectrum and the promotion of new infrastructure models. He will be aware of the £200 million 5G test beds and trials programme, which we believe will support new investment, and we can and should pursue greater interoperability for equipment from different suppliers, including by requiring this in technical standards. Of course, the Government can use their buying power to promote a diverse supplier base. We should do all those things in addition to seeking to invite existing, established suppliers to come into the UK market, where they are not already present.
(5 years, 5 months ago)
Commons ChamberI have 4,200 elderly constituents who will lose out because of this. Any of them who are watching the answers from the Dispatch Box today will be reminded, as I am, of a line from a Billy Connolly joke, which is that “a big boy did it and ran away”. That seems to be the Government’s response. The Secretary of State asked how the £500 million could come from the taxpayer, but he is one of those who voted for inheritance tax cuts, corporation tax cuts and cuts to income tax thresholds for the richest. I have figures from the House of Commons Library showing that those measures will cost £80 billion by the year 2025. I will send him those figures as a starter for where the money can be found.
If the hon. Gentleman is waiting for me to apologise for my advocacy for low taxes, he will wait a long time. I believe in low taxes, and it is important that we are a low tax economy, but I also believe it is important to offer the maximum support to those who need it most, and that is exactly what this Government have done. There has been no evasion on the position from me. I have made it quite clear to the House what the position is, and the arguments that have been deployed today are the same arguments that were deployed in 2017 and the same comments that were made in 2015. We have all known what the position was in terms of the BBC’s responsibility for at least two years, and arguably for four.
(8 years ago)
Commons ChamberMy hon. Friend makes a tempting proposition to give my office a good deal more work. There is no doubt that one of the advantages of the unduly lenient sentence scheme is that it is available to the public. It does not require the intervention of lawyers and it is, I hope, easy for the public to access. It should also be easy for the public to understand, and I am therefore in favour of drawing the line between cases within the scheme and those outside in a logical and easily understandable place. I would also say that it is important to bear it in mind that, even with an extended version of the scheme, we are talking about a very small minority of cases where judges err in this way. As I said, last year 102 cases were considered under the scheme to be unduly lenient. That is out of about 80,000 sentences passed in the Crown courts that year.
We are leaving the European Union, but co-operation with our European and global allies will remain important. My office will continue to engage internationally to promote the rule of law, a shared understanding of international law and global co-operation on criminal justice.
I thank the Attorney General for that answer, but is not the stark reality that Europol’s director stated that the UK will be demoted to second-tier membership? Will that not undermine the UK Government’s plans to tackle and prosecute money laundering crimes?
Again, I do not think we should pre-empt the outcome of any discussions that will follow, but, as I said earlier, I think there is an understanding, not just in the United Kingdom but in the rest of the European Union, that the sort of co-operation on crime and security that we have now benefits both sides and will need to continue in order to make sure that we are all safer and more secure, and that we can successfully capture and prosecute the sorts of offenders he describes.
(8 years, 9 months ago)
Commons ChamberI am not sure that there is much appetite anywhere in Europe for re-opening those negotiations. The hon. Gentleman might find that there are proposals coming from this Government to make our relationship with the charter of fundamental rights clearer, based on protocol 30 of the treaties, which, as he will be aware, was negotiated by a previous Government. The protocol makes it clear that the charter does not extend rights in this country. We will bring forward further proposals on clarifying that, and again he will have a good opportunity to discuss them when he sees them.
3. What discussions he has had with his Cabinet colleagues on the compatibility of Government proposals on investigatory powers with EU law.
(8 years, 12 months ago)
Commons Chamber9. If he will publish his legal advice on the legality of the UK carrying out airstrikes in Syria in the absence of a UN Security Council resolution on that matter.
It is a long-standing convention that Law Officers’ advice is not published. However, as hon. Members will know, the Prime Minister is setting out today the case for taking further action in Syria, and he will also set out the legal basis for doing do.
I thank the Attorney General for that answer, and I hope that the Scottish media are listening on this issue of the publication of legal advice with respect to the Scottish Parliament. I welcome the fact that there will be some disclosure later on. I understand convention, but I still think full disclosure of legal advice should be given rather than made a part of the Prime Minister’s statement. We need to learn the lessons from Iraq, when the Government of the day went backwards and forwards on legal advice until they got the answer they wanted. I therefore ask again for full disclosure.
As I say, the hon. Gentleman will see that the legal basis for action is, in the Government’s view, set out in what the Prime Minister intends to say. Indeed, he has responded as he said he would to the Foreign Affairs Select Committee report, and that response has been published this morning for all Members to see. As for the legal advice that the Law Officers give, it can be argued that the convention is there for very good reason. There are essentially two reasons. The first is to enable legal advice to be given to Government in a frank and open way, which is best done when advice is not published; and secondly, of course, the legal advice the Law Officers give is part of the collective responsibility of Cabinet decision-making. Again, there are good reasons for not publishing it on those grounds.