National Security Bill (First sitting)

Debate between Ben Everitt and Stewart Hosie

Committee stage
Thursday 7th July 2022 Public Bill Committees

[Stewart Hosie]

Q I just want to press further on clause 23. You said that the absence of a carve-out to protect officers could have a chilling effect. Given that we have substantial data sharing, particularly with our closest partners, that the internal safeguards are very robust, and that there is already the defence of acting reasonably—you made the point that this would be on an order to do so—I am not clear yet why the carve-out in clause 23 is as necessary as you suggest it is.

Sir Alex Younger: First of all, “carve-out” means different things to different people, but there is a wild idea that this is a granting of immunity that means we can behave willy-nilly. You will know from your Committee experience that this is not true. I want to make that really clear. The reality at the end of all this—we have had the theoretical versus practical conversation already—is that there exists a risk that individual UK IC officers will face criminal sanction for doing their job. I do not think that risk should exist. That is fundamentally where I am. You can decide as politicians that it is better than what is being proposed by the Government, but I am saying that I do not think it is compatible with a healthy sharing regime of the sort that produces the security benefits I have outlined.

[Ben Everitt]

Q Sticking with that point, Sir Alex, in an earlier answer you referred to Australia having a much broader, greater carve-out for their intelligence officers to keep them safe and do their job legally. Could you expand on that?

Sir Alex Younger: I cannot. I am sorry, but it happened just at the end of my time. I know from conversations with my Australian colleagues that they are very satisfied with the legislation that exists, in so far as that it deals with this issue. I would recommend looking into that yourself or speaking to the Australians. I do know that it is broader than what we are proposing here today. I am sorry I cannot be more helpful.