Chi Onwurah debates involving the Department of Health and Social Care during the 2019 Parliament

Thu 21st Oct 2021
Mon 28th Jun 2021
Mon 8th Mar 2021
NHS Staff Pay
Commons Chamber
(Urgent Question)
Wed 24th Feb 2021
Wed 20th Jan 2021
National Security and Investment Bill
Commons Chamber

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons & Report stage & 3rd reading
Mon 14th Dec 2020
Thu 10th Dec 2020
National Security and Investment Bill (Eleventh sitting)
Public Bill Committees

Committee stage: 11th sitting & Committee Debate: 11th sitting: House of Commons

Covid-19: Government Response

Chi Onwurah Excerpts
Thursday 21st October 2021

(2 years, 6 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Maggie Throup Portrait Maggie Throup
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I reassure my hon. Friend that we are following plan A and we still have more to do in plan A to put in place all the measures to protect our communities—people in constituencies throughout the UK—and to continue to build that wall of defence and to have our freedoms.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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If the Government believe that the NHS is not under pressure, I urge the Minister to speak to NHS and care workers in Newcastle, for whom the pressure is becoming unbearable.

There are measures that we can all take to protect the NHS, yet it is clear to me from travelling on Newcastle’s metro and buses that many people are not wearing masks. Constituents have written to me to express their concern, so will the Minister reiterate the Secretary of State’s urging that we all wear masks? Will she explain why she will not make the wearing of masks mandatory? Will she commit that her Conservative MP colleagues will start doing so?

Maggie Throup Portrait Maggie Throup
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Plan A outlines the guidance that is in place and that is the guidance that people should be following. It is up to individuals to work out what works for them and what is best for them. Plan B incorporates the mandatory wearing of masks, but we are on plan A.

Covid-19 Update

Chi Onwurah Excerpts
Monday 28th June 2021

(2 years, 10 months ago)

Commons Chamber
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Sajid Javid Portrait Sajid Javid
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I can certainly confirm that to my right hon. Friend. As he suggests, the vaccine is the best way out of this pandemic. Let me share with him that four fifths of adults have had their first jab and three fifths have had both jabs—that is almost 77 million jabs across the country, with millions more to come. This is going to be our way out of this crisis, I am grateful for the huge amount of work that NHS staff and volunteers are doing in his constituency and throughout the country to achieve that and to get more and more people vaccinated.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab) [V]
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In Newcastle, infection rates are doubling every week and are now at over 400 per 100,000. The Secretary of State may think that that is not important because, thankfully, hospitalisations and deaths are not rising at the same pace, but more and more people are being asked to self-isolate. My constituents want to do the right thing, and the vast majority do, but support is woeful. Does he recognise that that is one reason for higher rates in areas with higher levels of low-paid and insecure work? As a former Chancellor, will he fight for more support, including extending eligibility to anyone without access to workplace sick pay?

Sajid Javid Portrait Sajid Javid
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I could not hear the question entirely, but I think I got the gist of it. Areas that are seeing rising case rates—as I mentioned, some parts of England are seeing particularly high increases—are, as the hon. Lady knows, being given extra support through testing, tracing and other means, including extra financial support. We will absolutely keep under review how much further support can be provided to help with the issues she mentioned.

Oral Answers to Questions

Chi Onwurah Excerpts
Tuesday 8th June 2021

(2 years, 10 months ago)

Commons Chamber
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Helen Whately Portrait The Minister for Care (Helen Whately)
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My hon. Friend makes a really important point. Nurse education standards are set by the Nursing and Midwifery Council. Its current standards are based on EU law, but that no longer applies to the UK, and it has launched a survey on whether those standards should change. Acceptances for pre-registration nursing programmes at English universities for 2020-21 increased by over 5,000 since the previous year.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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Many constituents have con, deeply concerned by Government proposals to grab, store and share GP health data. Can the Secretary of State tell me this: if I opt out of this data grab, will my health data be available to a hospital outside my home area should I have an accident, for example? If I do not opt out of it, how can I control how my data is shared, whether individually or in aggregate? I do not want to have to choose between privacy and my health.

Matt Hancock Portrait Matt Hancock
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The hon. Lady is quite right, and if she was in the Chamber earlier, she would have heard the Under-Secretary of State, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), say that we are going to delay the deadline for this programme, including the opt-out, which is currently scheduled to end on 23 June. That has already been welcomed, while we have been in here, by the Royal College of General Practitioners and the British Medical Association, and then we will work through these issues. Everybody agrees that data saves lives. We have to make progress in this area, and it is very important that we do it in a way that brings people with us and resolves exactly the sorts of issues that she raises.

NHS Staff Pay

Chi Onwurah Excerpts
Monday 8th March 2021

(3 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Helen Whately Portrait Helen Whately
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I thank my hon. Friend, who makes a really important point. The balance between nationally set pay and local pay has been a point of much debate over the years. There are pros and cons to both ways. We do not want to have trusts competing directly all the time for workforce, but on the other hand there are higher costs of living, for instance, in some areas. That is why there is some flexibility in the system for different levels of pay according to different areas, as he will well know, and some extra support in areas where it is hard to retain staff. I always to listen to his expertise, which I really value.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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Earlier this year, Baroness Harding defended giving £1,000 per day to private sector consultants on the failing test and trace programme. Now, the Minister says we cannot afford to give our NHS heroes a real-terms pay rise. Given that covid will be with us for years to come, given the outstanding non-covid backlog in treatment, and given the incredible pressure on NHS staff, the existing 100,000 NHS vacancies and the resulting reliance on expensive agency staff, can we really afford not to?

Helen Whately Portrait Helen Whately
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The hon. Lady talks about the NHS workforce. One of the fabulous things we have seen throughout the pandemic—I am really grateful to all those who work in the NHS for this—is a reduction in the leaver rates, so more people are staying and sticking with the NHS, which is truly phenomenal. We have to make sure we look after those people, and I talked earlier about some of the support for the NHS workforce as we recover. It is also fabulous to see such extra interest in careers in the NHS; for instance, over a third more people are applying to become nursing students this year compared with last year. I also want to make this point on the test and trace question: it is not either test and trace or the NHS workforce. We need to have a test and trace system, and, of course, pay our NHS workforce.

Covid Contracts: Judicial Review

Chi Onwurah Excerpts
Wednesday 24th February 2021

(3 years, 2 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Edward Argar Portrait Edward Argar
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I am grateful to my hon. Friend for his comments. He is absolutely right to highlight what this judgment actually said. It found, in what had to be a binary judgment—either it was complied with or it was not—that the Government failed to comply with the 30-day publication timing for all contracts. He is right: the judge rejected the suggestion of any policy of deprioritisation. I read the 40 pages of Justice Chamberlain’s judgment, including the setting out of the different cases put by the two parties, the discussion of it and then, crucially, his findings on it. I would advise all Members who take an interest in this issue to do exactly the same thing, because legal judgments are rarely as clearcut or as simple as some commentators and others might wish to suggest.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab) [V]
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The Government’s infatuation with private sector delivery of pandemic public services has led them to ignore basic procurement best practice, replacing value for money with cronyism and due diligence with pub pals. Will the Government commit, as Labour has done, to a programme of insourcing and start by handing over the failing Serco test and trace to the public sector, which has made such a success of the vaccine delivery?

Edward Argar Portrait Edward Argar
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On the hon. Lady’s main point about private and public and, I would add, voluntary sector organisations, every one of those has stepped up and made a hugely important contribution to our country’s response to this pandemic. I wish to pay tribute to public sector organisations. I spent 10 years as a councillor, and I entirely recognise the amazing work they do. I pay tribute to private sector organisations, which have also stepped up for our country, and to voluntary sector organisations. For me, it is not an either/or; it is both, and it is about what delivers the best outcome for the public. Anything less would be letting down our constituents and letting down our public services.

Covid-19 Update

Chi Onwurah Excerpts
Tuesday 2nd February 2021

(3 years, 2 months ago)

Commons Chamber
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Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab) [V]
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One year after the UK’s first covid patient arrived at Newcastle’s Royal Victoria Infirmary, I know the Secretary of State will want to join me in congratulating Newcastle’s NHS staff, GPs, public health professionals, volunteers and all those leading the way in vaccinating so many, so quickly. Will he agree to reward such success by handing more resources and control over the failing test and trace programme to local public health teams, who are closer to communities and can better understand local transmission chains, which we need to do if we are to get the virus under control?

Matt Hancock Portrait Matt Hancock
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Yes, absolutely. Local authorities are critical to this, and we are working with directors of public health as part of the effort.

National Security and Investment Bill

Chi Onwurah Excerpts
Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Wednesday 20th January 2021

(3 years, 3 months ago)

Commons Chamber
Read Full debate National Security and Investment Bill 2019-21 View all National Security and Investment Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 20 January 2021 - (large version) - (20 Jan 2021)
Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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On Second Reading both of this Bill and of the Telecommunications (Security) Bill, it was mentioned that in 2013, the Intelligence and Security Committee first recommended measures to prevent high-risk vendors such as Huawei from penetrating our critical national infrastructure in future. It is always the way: you wait seven years for a Bill to protect against infiltration and takeover, then two come along together.

Given that background, the ISC naturally welcomed the introduction of this legislation, and we greatly appreciated the contact that we have had with the Minister, my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi). Not only did he keep his promise to write to us about the points made by Committee members on Second Reading, during my period of self-isolation, but he dealt with ISC concerns at the Committee stage and reached out before today’s debates as well. That is precisely the type of constructive engagement that we should like to have with the Government. If I do not secure the concessions that I want after all of that, I shall be very disappointed!

The issue on which I shall focus is parliamentary oversight. Normally, that would be straightforward. As the future arrangements laid down by the Bill will depend on the input of the new investment security unit, and as that unit will be housed in the Department for Business, Energy and Industrial Strategy, one would normally expect that general scrutiny could be conducted by Parliament as a whole and specialised scrutiny by the Select Committee on Business, Energy and Industrial Strategy. Unfortunately, that does not work in this case: much of the work of the investment security unit will depend on input from intelligence and security agencies and similar sensitive sources that cannot and must not be made public.

Furthermore, on Second Reading, the then Business Secretary, my right hon. Friend the Member for Reading West (Alok Sharma), made crystal clear how central secret material would be to the practical application of the provisions of this legislation. He stated that

“the whole point of the Bill is for it to be narrow on national security grounds”.

He also said:

“These powers are narrowly defined and will be exclusively used on national security grounds. The Government will not be able to use these powers to intervene in business transactions for broader economic or public interest reasons”.—[Official Report, 1 November 2020; Vol. 684, c. 206-210.]

It follows that the very areas in which the BEIS Committee would be perfectly qualified to scrutinise policy are specifically excluded from the application of the powers conferred by the National Security and Investment Bill.

That scrutiny gap was addressed, also on Second Reading, by the shadow Business Secretary, the right hon. Member for Doncaster North (Edward Miliband), who said:

“Given the sensitive nature of the issues involved in this Bill, I do think there needs to be a way…for this House to monitor how this is working in practice.

I do not speak for it, but we have a special Committee of the House—the Intelligence and Security Committee—that can look at these issues. I would like to raise the question with the Secretary of State whether it could play a role in scrutinising the working of the regime and some of the decisions being made, because there are real restrictions on the kind of transparency there can be on these issues…The ISC is in a sense purpose-built for some of these issues.”—[Official Report, 17 November 2020; Vol. 684, c. 214.]

It is hard to disagree with that, although I hasten to add that the Committee has not the slightest wish gratuitously to add to its workload, overburdened as we are due to our delayed reconstitution and the fact that we cannot operate virtually, where sensitive material is concerned, during periods of lockdown. Nevertheless, Parliament should be enabled to scrutinise the implementation of the powers given to Government by this legislation, which explicitly puts national security material at the heart of future decision making. It is obvious that there will be potential conflicts between encouraging business on the one hand and safeguarding national security on the other. In 1994, the ISC was established specifically for circumstances such as these—namely, to examine matters that Parliament could not because they were too sensitive for public disclosure and debate.

It has been suggested that the ISC cannot undertake this role this time because the organisation concerned, the new investment and security unit, is based in the Department for Business, Energy and Industrial Strategy, rather than Departments like the Home Office or the Cabinet Office, which traditionally handle national security matters. Yet this is fundamentally to misunderstand the legal basis under which the ISC functions.

There are two interlinked documents: the Justice and Security Act 2013 and the memorandum of understanding between the Prime Minister and the ISC for which that Act provides. The long title of the JSA makes it quite clear that it provides not only for scrutiny of MI5, MI6 and GCHQ, but for

“oversight of…other activities relating to intelligence or security matters…and for connected purposes.”

Section 2(1) of the Act refers to those three intelligence agencies specifically, but section 2(2) spells out our Committee’s wider remit:

“The ISC may examine or otherwise oversee such other activities of Her Majesty’s Government in relation to intelligence or security matters as are set out in a memorandum of understanding.”

Section 2(5) explains that that MOU can be altered by agreement between the ISC and the Prime Minister. All that is required, therefore, for a Government activity in relation to intelligence or security matters to be added to the existing list in the memorandum of understanding is a simple exchange of letters between the ISC and the Prime Minister agreeing to do so.

In other words, the 2013 Act and associated memorandum were designed exactly for circumstances such as these, where evolving intelligence and security arrangements create sensitive new functions and/or new units which need Parliamentary scrutiny to be within the same circle of secrecy as the long-established Agencies. To put the matter beyond all doubt, consider finally this extract from paragraph 8 of the MOU about our remit:

“The ISC is the only committee of Parliament that has regular access to protectively marked information that is sensitive for national security reasons: this means that only the ISC is in a position to scrutinise effectively the work of the Agencies and of those parts of departments whose work is directly concerned with intelligence and security matters.”

Inserted at the end of this sentence is a notation for the following footnote which explains:

“This will not affect the wider scrutiny of departments such as the Home Office, FCO and MOD by other parliamentary committees. The ISC will aim to avoid any unnecessary duplication with the work of those Committees.”

Indeed, having chaired the Commons Defence Committee in the previous two Parliaments, I can confirm there was never the slightest friction, overlap or intrusion from the then ISC into the work of the Defence Committee. The ISC looked at defence intelligence and offensive cyber, as set out in its MOU, and the Defence Committee continued to scrutinise everything else.

It really should not be necessary, every time a new unit is set up inside a Department not normally associated with national security or intelligence issues, to spell out in black and white, as I have done today, how and why the framers of the 2013 Act deliberately created the flexible memorandum of understanding arrangement that incorporated its role on the face of that legislation. It was, of course, to deal with exactly the sort of situation facing us today, where the intelligence and security battle in what is increasingly known as the grey zone of conflict mutates and moves into areas of responsibility far beyond traditional boundaries, as Deborah Haynes’ admirable new podcast illustrates so convincingly. That is why Business Ministers, rather than Defence or Security Ministers, are having to grapple with today’s legislation.

Following a constructive discussion with my hon. Friend the Minister yesterday, I was cautiously optimistic that the Government would recognise that the 2013 arrangements provide the correct basis for scrutiny on which to proceed. Of the 14 amendments tabled for today, there is one—new clause 7—that recognises the scrutiny gap in this legislation and proposes that a special report containing the relevant classified national security material should be prepared for, and provided to, the Intelligence and Security Committee. This Opposition amendment has much to commend it, and, as ISC Chairman, I would be minded to support it if it were the only available option. However, an undertaking by the Minister today that the Government will bring forward their own amendment in the upper House to close the scrutiny gap satisfactorily in a more streamlined way would be even better.

In his appearance before the Public Bill Committee, former chief of MI6 Sir Richard Dearlove had the following exchange with the Minister, who referred to the annual report to be prepared for Parliament as a requirement of this legislation. The Minister asked:

“What is your view on balancing transparency and ensuring Government can take national security decisions sensitively? Where does that balance lie in terms of our ability to be as transparent as we can without harming sensitivities around these decisions?”

Sir Richard replied:

“My view would be that the annual report has as much transparency as possible, but you are probably going to require a secret annexe from time to time.”––[Official Report, National Security and Investment Public Bill Committee, 24 November 2020; c. 21.]

Whether we go down that route of a classified unpublished annexe to send to our Committee or follow the model used in the ISC’s own reports, which are prepared in full with subsequent redactions made and marked in the main body of the text, such an approach would be the least burdensome for the Department to prepare and for the ISC to scrutinise. Either method would effectively close the scrutiny gap and get this valuable and necessary legislation off to the best possible start.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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It is a great pleasure, as always, to follow the Chair of the Intelligence and Security Committee, the right hon. Member for New Forest East (Dr Lewis), and I support many of his remarks.

Let me start by saying that the Opposition’s approach to this Bill is one of constructive support. That should not surprise the Minister: already at Committee stage we tabled nearly 30 targeted amendments and half a dozen new clauses to strengthen protections of our national security, although, regrettably, the Minister did not choose to accept any of them. As the Minister is also responsible for vaccine roll-out, he may have been distracted. I want to thank everybody—all the members of the Committee and the House staff involved in the Committee stage of the Bill—and confirm that we intend to continue that constructive support.

We support the Bill, because it is a Bill demanded by Labour. The problems it tackles are ones that have been highlighted by Labour, and the Government’s action, only after years of delay, seems to be a result of being constantly reminded by Labour. Reminded this Government have been, not least by their failures again and again. They were reminded in 2012, when they let the Centre for Integrated Photonics, a prize British research and development centre, be taken over by Huawei, an event that our recent head of the National Cyber Security Centre said we would not want to happen with hindsight: national security outsourced and British interests relinquished to the market.

The Government were reminded again in 2014 when they let our foremost artificial intelligence firm, DeepMind, be acquired prematurely by Google: national security interests outsourced again on account of blind market faith. They were reminded twice this time when the Government let our world-leading semiconductor firm Arm be taken over first by SoftBank and now by Nvidia. Again, an intelligence expert told our Committee that the UK had limited freedom of choice in this key strategic technology and that the deal undermined our own ability: our national interest outsourced yet again by Ministers prioritising market zeal over British security.

Oral Answers to Questions

Chi Onwurah Excerpts
Tuesday 12th January 2021

(3 years, 3 months ago)

Commons Chamber
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Matt Hancock Portrait Matt Hancock
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Among the over-80s we have not put in place a more specific prioritisation, because we need to ensure that the programme can get to all the over-80s as fast and efficiently as possible. Access is incredibly important, hence the commitment to ensure that there is a vaccination centre within 10 miles. I think that that is true across the whole of Morley and Outwood, and 96% of the population of England is now is now within 10 miles of a vaccination centre, including, I think, the whole of my hon. Friend’s constituency. This has to be done fast but it also has to be done fairly, and she is quite right to raise that point.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab) [V]
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As a proud Unison member, I ask the Secretary of State to join me in congratulating Christina McAnea on being elected the first female leader of the country’s biggest union. Many of Unison’s members effectively work for the Secretary of State, including care assistants, hospital porters, nurses and cleaners, and they are now under huge stress and facing mental and physical challenges that we, fortunately, cannot imagine. Does he agree with another recently elected leader, Joe Biden, who said to health workers:“It’s not enough to praise you. We have to protect you, we have to pay you.”

Matt Hancock Portrait Matt Hancock
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I want to add my congratulations to Christina McAnea. It is another sign of progress in this country to see the first female leader of Unison, and I look forward to talking to her very soon and to working with her, as she represents a significant number of people who work for the NHS and are valued members of the NHS and social care teams. The importance not only of valuing our NHS and social care workforce but of demonstrating that value is vital, and improving all the elements and conditions under which people work is important. Of course pay is one part of that, and the hon. Lady will know that the NHS was exempt from the pay freeze set out by the Chancellor, but it is also about ensuring that everybody’s contribution is valued and that everybody is encouraged to give their very best contribution. In a pandemic situation like this, when the pressures on the NHS and social care are very great, that is more important than ever, and it is important that we value all of our team all the time and that everybody plays a part in improving the health of the nation and improving and saving lives. I want to say a huge thank you to everybody who works in the NHS and in social care, and I want to work with them on improving working conditions and making sure that everybody feels that they can give their very best so that the whole is greater than the sum of its parts. I am very grateful to the hon. Lady for raising this question.

Covid-19 Update

Chi Onwurah Excerpts
Monday 14th December 2020

(3 years, 4 months ago)

Commons Chamber
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Matt Hancock Portrait Matt Hancock
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I will take a look at the numbers in Wealden in particular. I am concerned about the rate of increase in other parts of the south-east and will have to look very carefully at that case.

On the vaccine roll-out, of course we want the vaccine in all communities across the country. I am delighted that today we managed to start the GP roll-out, which means that we have been able to get vaccine out of the major centres and major hospitals and into over 100 different local communities, and I will check whether Wealden is on the list to make sure everybody in Wealden can get their vaccine at the appropriate time.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab) [V]
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I hope the Secretary of State recognises the sacrifices Geordies have made to successfully reduce transmission rates here, but I want to ask about vaccine prioritisation. Public Health England has reported that those with learning disabilities have covid-19 deaths up to six times higher than those of the general population, and it is obviously extremely difficult to maintain covid-security in care homes whose residents cannot understand social distancing, yet I am told that they are being deprioritised for the vaccine because Joint Committee on Vaccination and Immunisation guidelines prioritise care homes for the elderly only, and that is interpreted as being those over 80. Can the right hon. Gentleman confirm whether that is the case, and will he give greater flexibility to local public health authorities to reflect risk?

Matt Hancock Portrait Matt Hancock
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Nobody has been deprioritised: the nation has been prioritised according to clinical need, and that is rightly a judgment for the JCVI. It has of course looked into the research and data the hon. Lady rightly raises and has come to the view that the level of risk for those who are clinically extremely vulnerable is akin to the level of risk for those who are 70 to 75 years of age, and that is the reason for the prioritisation decision it has taken.

National Security and Investment Bill (Eleventh sitting)

Chi Onwurah Excerpts
Committee stage & Committee Debate: 11th sitting: House of Commons
Thursday 10th December 2020

(3 years, 4 months ago)

Public Bill Committees
Read Full debate National Security and Investment Bill 2019-21 View all National Security and Investment Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 10 December 2020 - (10 Dec 2020)
Alan Whitehead Portrait Dr Whitehead
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I think we can agree that it was brief. Bills would come to Ministers, fresh from the wells of construction and the pushing of pens to get them into good shape. I wonder whether there is a style guide, deep in the bowels of a building somewhere in Whitehall, that says, “Whenever the Minister is supposed to do something, write ‘may’ in small print.” It is such a long-serving style guide that people have forgotten why the word was ever put in the Bill in the first place.

The Minister would do a great service to the writing of Bills if he were able to say, “I don’t want to go along with the style guide. If someone is supposed to do something, I want to have that written in the Bill.” I appreciate that if the Minister were to say that when sitting around with a number of people who had a freshly minted copy of the proto-Bill in front of them, there would be much stroking of chins and suggestions of, “That is a rather brave method of proceeding, Minister.” But the Minister has the opportunity today, entirely divorced from all those influences, simply to say, “Yes, we will accept this amendment as a stake in the ground for the uprating of the style guide, wherever it happens to be.” That would be a great service to the Committee and to the nation, by getting us into a position where Bills are written to mean what they say and say what they mean.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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I do not want to anticipate what the Minister will say, but he has said, with regards to similar amendments, that stating that the Secretary of State will do something does not mean that he definitely must do it. Does my hon. Friend agree that for the sake of clarity—for us in Parliament but also for businesses, particularly those affected by this—changing that one word would greatly improve the understanding of how the Bill will work?

Alan Whitehead Portrait Dr Whitehead
- Hansard - - - Excerpts

My hon. Friend is absolutely right. If I went to my bank manager, who had called me in about my overdraft, and I said, “I don’t need to say anything other than, ‘I may pay it back,’ but don’t worry, because I will pay it back,” my bank manager might be a little upset and might have something to say about it.

It is curious that we have locutions in the putting together of Bills that fly in the face of common-sense parlance. I agree with my hon. Friend that it really is no great defence to say, “Don’t worry. We don’t need to change this, because we are going to do it.” It would be far better all round if we were straightforward, accurate and clear and put this wording in the legislation, so that everybody knows what we are doing for the future. If, by so doing, the Minister can banish that style guide from the bowels of the building forever, that would be a great service.

Nadhim Zahawi Portrait Nadhim Zahawi
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I beg you indulgence, Mr Twigg: I intend to speak first to clause stand part and then to amendment 29, which was tabled by the hon. Member for Southampton, Test. Clause 53 gives the Secretary of State the power to make regulations that set out the procedure that the Secretary of State must follow when giving a notice of, or serving, an order once the Bill becomes an Act. The level of detail that these provisions will involve is most appropriately dealt with in delegated legislation. That will also allow the provisions to be modified more easily if changes are deemed appropriate—in the light of operational experience, for example. I know all colleagues will share with me the wish for the unit’s operations to be as efficient and as slick as we can make them.

Examples of notices and orders include information notices, attendance notices, interim orders, final orders or penalty notices issued by the Secretary of State for non-compliance. The clause sets out what may be included in the regulations. For example, they may include the manner in which a document must be given or served and whether it is allowed to be served electronically—for example, by email.

Amendment 29 would require the Secretary of State to make these regulations, which returns, if I may say so, to the recurring theme raised by the hon. Member for Southampton, Test, about the difference between “may” and “shall”. At the risk of becoming predictable, my thoughts here carry certain echoes of our previous discussions.

As hon. Members will know, clause 53 gives the Secretary of State the power to make regulations that will set out the procedure that must the Secretary of State must follow when giving a notice or serving an order once the Bill becomes an Act. It is an entirely laudable objective to ensure that the Secretary of State provides those affected by this regime with the right information on the operation of the regime, and it is one that I shall always support. In practice, though, the amendment is unnecessary.

Although the Secretary of State may make regulations to that effect, in practice, for the regime to function effectively, he must do so. I assure hon. Members that the Secretary of State certainly does not propose to commence the regime without first making these procedural regulations. I therefore assure the hon. Member that the amendment is not required, as he and the Government seem to be in hearty agreement on the importance of such regulation. I ask him to do the honourable thing and withdraw the amendment.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

It is an honour to serve under your chairship again, Mr Twigg. I detect a slight rise in temperature, at least on this side of the Committee Room. I do not know whether that is due to the heated exchanges over “may” and “should”—

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

Passionate exchanges.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

Warm exchanges. It is certainly something to be welcomed.

I would like to say a few words to clause 53 stand part. As my hon. Friend the Member for Southampton, Test observed, this is another example of a “may” rather than a “will”. The clause exists purely to enable the Secretary of State to make regulations—that is its function—and yet it places no requirement on the Secretary of State to do so.

While the Minister gave a warm response, saying that he and my hon. Friend are on exactly the same page and so on in our desires, I remind him that the Bill is not about our desires; it is about a legislative framework that protects our national security and gives, as much as possible, clarity and certainty to those impacted by it. It is because we recognise the importance of the clause that we wish it to have some effect in law, as opposed to being the gentle suggestion it seems to be at the moment.

Alan Whitehead Portrait Dr Whitehead
- Hansard - - - Excerpts

The Minister has used a bank manager defence. If my bank manager wrote to me to say, “You have an overdraft that you must pay,” and I wrote back and said, “Dear Bank Manager, I may repay my overdraft,” and then the bank manager called me in and said, “What is the meaning of this letter?” and I said, “Don’t worry, I will pay the overdraft soon. No problem. That letter stands,” that would be a problem for me, but apparently not as far as legislation is concerned. The Minister has effectively said, “Don’t worry. This is definitely going to happen. We are all agreed it will happen,” so why not write it in legislation?

I will not pursue this matter to a Division, because we have exhausted this mine in Committee. The Minister knows that this is not the first time I have raised this issue during the passage of Bills, and I will continue to do so because it is an important principle that legislation should say what it will actually do. Perhaps that is a bit basic, but that is what I think is important. I will indeed withdraw the amendment. I thank the Minister for his reply this morning, although it does not dent my crusading zeal for this particular change to be made in legislation generally. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 53 ordered to stand part of the Bill.

Clause 54

Disclosure of information

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I beg to move amendment 30, in clause 54, page 34, line 9, leave out

“which appears to the Secretary of State”

and insert

“which, on a reasonable enquiry, appears to the Secretary of State”.

This amendment would require the Secretary of State to only share information, acquired in the course of national security reviews, if the Secretary of State has first undertaken reasonable enquiry.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Clause stand part.

Clause 55 stand part.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

In clauses 54 and 55, we consider the disclosure of information by the Secretary of State for Business, Energy and Industrial Strategy, and, in clause 55, information held by HMRC.

Clause 54 specifies the circumstances in which information may be disclosed. Subsection (1) provides an information gateway for public authorities to disclose information to the Secretary of State for the purpose of facilitating the exercise of his function under the Bill. Subsection (2) permits the Secretary of State to disclose information received under the Bill to any UK or overseas public authority for specified purposes. Subsection (9) states:

“‘overseas public authority’ means a person in any country or territory outside the United Kingdom which appears to the Secretary of State to exercise functions of a public nature”.

The amendment seeks to address the wide definition of the overseas public authorities to which the Secretary of State might disclose information.



The Minister has previously asserted that Labour Members are looking to give more and more powers to the Secretary of State, but here we wish to help the Secretary of State, which is the motive behind all our amendments. We wish to aid the Secretary of State by somewhat subscribing the persons or organisations with which he—in this case, at the moment, the relevant Minister is a “he”—is allowed to share information, by inserting in clause 54 the words

“which, on a reasonable enquiry, appears to the Secretary of State”.

Therefore, the amendment would not simply leave the process open, as it were, to appearances only, without any inquiry.

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Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

indicated assent.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I hope the Minister also agrees that we are moving to a much expanded national security screening regime. In 2002, Facebook was a year old or just being born. We are no longer in the place we were in 2002 when it comes to the issues of importance, volume, security and privacy associated with data and data sharing. I hope he will not rely on the 2002 Act as a justification, particularly as we are moving to an expanded national security screening issue and we are in a different data environment.

The strategy says that data is the economic engine, and we must be much better in assuring businesses and investors of their data protection. Instead of relying on appearances, the amendment holds up the standard of reason. Under it, the Secretary of State would have all the relevant powers of data sharing with relevant persons so long as the Secretary of State had reason, based “on a reasonable enquiry”, to think the person to be a relevant public authority.

It is critical that the UK has a national security regime that is grounded in national, competent exercise of state power to protect our security. The amendment would help to build success in that direction by removing a reliance on the use of appearance and instinct, by successive Secretaries of State, and grounding decisions in “reasonable enquiry” instead.

The expert evidence sessions provided support for that view. For example, Chris Cummings from the Investment Association said:

“There is so much around any investment process and the acquisition process that has to remain entirely confidential, that investors would require and would be looking for reassurance that these conversations could be held in the strictest of confidence and that nothing would appear until the right time.”––[Official Report, National Security and Investment Public Bill Committee, 24 November 2020; c. 66, Q78.]

I ask the Committee to consider whether sharing data on the basis of appearances gives that reassurance.

The clause will give information-sharing powers to the Secretary of State. We recognise the importance of that, and we do not want to hinder it unduly, but we expect that the Secretary of State should, and importantly, should be seen to, exercise those powers on the basis of evidence. It is only right that we have clear evidential requirements. Although the 2002 Act uses similar language, it is right that we in this Committee clean up that language based on 19 further years of experience.

Alan Whitehead Portrait Dr Whitehead
- Hansard - - - Excerpts

I wonder whether my hon. Friend might be tempted to use a bank manager comparison here as well. If I was summoned by my bank manager to the bank, and he or she said, “It appears you’re overdrawn,” and I said, “Why do you think I’m overdrawn?” and he or she said, “I don’t know. It just appears to me that you’re overdrawn,” I might say, “Could you pursue reasonable inquiries to find out whether my account is actually overdrawn or not?” Does she agree that that is an example of the appropriate use of ordinary language, and that the Bill could be put into that state?

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I commend my hon. Friend on the extent to which he has used engagement with a bank manager to illuminate much of our discussion. He is absolutely right. To be honest, if any bank invited you to consider an overdraft on such a flimsy pretext, you would, I hope, change your bank, because you could not feel confident in it.

The serious point is that small and medium businesses and start-ups—our great innovation ecosystem in this country—can move, but we do not want them to move. We want them to stay in this country within the legislative framework. We want the new Bill to provide them with the reassurance and confidence that they need to help to implement the Bill effectively and to protect national security. My hon. Friend’s elegant example highlights the failings of the clause.

I anticipate that the Minister will talk about the language in the Enterprise Act. Not only is that 18 or 19 years old, which is one reason that this Bill has been needed for so long, but the person exercising the functions and powers in the Competition and Markets Authority is not a political appointee or political figure. The Bill refers to a political figure, the Secretary of State, so it is all the more important that he or she should be seen to act on the basis of evidence, not on the basis of appearance or instinct.

None Portrait The Chair
- Hansard -

I gently remind hon. Members to address the Chair when speaking. Thank you very much.

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Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

I am grateful. If the drive of the hon. Member’s probing is to ensure that the Secretary of State, when he considers disclosing information to a foreign country, takes into account protecting people being caught in the regime who come from that country, I think I have just made it clear that the clause provides protection against self-incrimination in criminal proceedings corresponding to the protection provided in the United Kingdom. I hope that the hon. Member will be satisfied with that.

Finally, the disclosure is subject to data protection legislation, which provides additional safeguards in relation to the disclosure of personal data. I hope that the hon. Member for Newcastle upon Tyne Central will feel reassured that the Secretary of State may request only the information that he requires in order to exercise his function under the Bill, and that such information will be treated securely.

Amendment 30 aims to increase the scrutiny that the Secretary of State undertakes in deciding whether a person constitutes an overseas public authority for the purposes of disclosing information under clause 54. It is of course important to ensure that any person believed to be a public authority for the purposes of seeking information from, or disclosing information to, is a public authority. I am therefore pleased to reassure the hon. Lady that the Bill does that as it stands. The approach that we have taken mirrors that—I know that she does not like this—in section 243(11) of the Enterprise Act 2002, which includes a similar definition of an overseas public authority for the purposes of disclosure of specified information to overseas public authorities under the Act.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

The Minister is generous in giving way. On his rebuttal of my argument on the CMA, it is not about whether I like it. The whole point of the amendment is to take it away from likes, preferences or appearances, and base it on evidence, and the evidence is that the environment has changed dramatically since 2002 in terms of data. Also, the Secretary of State is a political figure.

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

I am grateful to the hon. Lady. I remind her that the legislation requires the Secretary of State to act in a quasi-judicial way, not as a political figure. I appreciate that by a normal reading, “appears” may appear unduly casual, but that is merely a question of the form of legislative drafting, which is consistent, I remind her, with previous relevant legislation.

In addition, I reassure the hon. Lady that the principles of public law apply in any case. The Secretary of State therefore needs to act reasonably in fulfilling his functions under the Bill. That includes having a reasonable basis, supported by sufficient evidence, for coming to the conclusion that a person appears to be an overseas public authority prior to disclosing information. I hope I have provided the Committee with sufficient reassurances, and I therefore hope that the Opposition will withdraw the amendment.

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Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

It is not a strange concept that a Minister acts in a quasi-judicial way in making such decisions.

I will now briefly turn to clause 55, which makes provision for specific restrictions in respect of information received under clause 54 from Her Majesty’s Revenue and Customs. For the regime to function effectively, the Secretary of State needs access to the right information at the right time in order to make decisions with the fullest range of evidence available. One such source of information that might be invaluable to the Secretary of State is HMRC. Although the Government expect that the Secretary of State would seek first to secure the information he needs from the parties, it is important that such information can also be provided from elsewhere in Government, if it is held there.

Clause 55 provides that where information is received by the Secretary of State from HMRC or an onward recipient pursuant to clause 54, it may not be used for purposes other than the Secretary of State’s function under the Bill, and nor may it be further disclosed without HMRC’s consent. Clause 35 provides that disclosing information in contravention of clause 55(1) is an offence, as is appropriate.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

Will the Minister give way?

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

I am just finishing my point.

I hope that hon. Members will agree that clause 55 provides appropriately robust safeguards for the onward sharing or use of information received from HMRC for the purposes of the regime. I recommend that clauses 54 and 55 stand part of the Bill.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I would like to address a question to the Minister. In his remarks on these clauses, he has highlighted a concern. I might have missed it, but I do not see where the Bill sets out the information gateway through which the Secretary of State will receive information from HMRC in order to exercise his functions under the Bill. Clauses 54 and 55 are grouped together under the title of “Information gateways”. They discuss information gateways from the Secretary of State to public authorities and others, but I would really appreciate it if the Minister could write to me to set out how HMRC will disclose information to BEIS for the functions of the Bill. I am sure I do not need to remind the Committee that information held by HMRC is generally considered very sensitive by businesses and individuals alike, and there are generally clear restrictions on its sharing.

To return to the clauses and amendment more generally, part of the Minister’s argument missed what our argument was. We recognise the importance of disclosing some information, and we also recognise that clause 55 sets out tests with regard to the purposes of disclosing the information, and even to how the information can be shared onwards and to what information should be disclosed. What it does not do is test the nature of the public authority. Although we have had an interesting and, indeed, lively debate about the difference between legal language and casual language, I think we can all agree that it is in the interests of our democracy that our legislation can be read and understood by ordinary people. If the term “appears” is to be understood as it is commonly understood, the clause requires the support of our amendment.

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Matt Western Portrait Matt Western
- Hansard - - - Excerpts

My hon. Friend the Member for Southampton, Test has stolen my thunder—had I known that he was going to stand up, I perhaps would not have done so. It is interesting that paragraph (a) says “must” but paragraph (b) says “may”. Another valid point, beyond the semantics, is about the substance and the resource of the CMA, and whether there should be provision for that in the Bill. Can the Minister comment on the capacity of the CMA to support the demands and obligations set out in the clause?

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I will say a few words to the clause—reflecting the comments made by my hon. Friend the Member for Southampton, Test, in particular—because there seems to be a theme in the Bill. I know that the Minister believes that the Bill is beyond improvement, and that he is reluctant even to contemplate any changes, as he said in response to the hon. Member for Glenrothes, but he must recognise that a consistent theme seems to be that requirements, or “musts”, are placed on others and the discretion—the “may”, if you like—is with the Business Secretary. The Minister himself observed that we are keen to allow the Business Secretary the necessary discretion to fully protect our national security, but does he see not that that would better achieved by clearly circumscribing the Business Secretary’s actions?

I also support my hon. Friend the Member for Warwick and Leamington in his recent contribution. Throughout this Bill, we need to ensure that the resources are there when placing requirements on bodies. I hope that the Minister can give such reassurances. On that basis, we recognise that the clause should stand part.

Question put and agreed to.

Clause 56 accordingly ordered to stand part of the Bill.

Clause 57

Data Protection

Question proposed, That the clause stand part of the Bill.

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

Clause 57 provides that the provisions in parts 1 to 4 of the Bill containing a duty or power to disclose or use information do not authorise a contravention of data protection legislation, as set out in the Data Protection Act 2018. In addition, the clause provides that that information may be used or disclosed only if it does not contravene parts 1 to 7, or chapter 1 of part 9, of the Investigatory Powers Act 2016, which contains provisions about conducting interception, including restrictions on use and disclosure of intercepted information. These standard provisions are included where legislation concerns the use or disclosure of information. I hope that hon. Members will therefore be content to support this standard clause as part of the legislation.

Question put and agreed to.

Clause 57 accordingly ordered to stand part of the Bill.

Clause 58

Minor and Consequential Amendments and Revocations

Question proposed, That the clause stand part of the Bill.

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Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

Clause 59 removes a restriction on the ability of the Competition and Markets Authority to co-operate with its international partners on merger cases. At the end of the transition period, the UK will no longer be part of the European Union’s competition system. The CMA will become responsible for investigating the effects on competition of larger international mergers, which were previously investigated by the European Commission. In a globalised economy, effective cross-border enforcement of competition law, which protects UK markets and consumers, relies increasingly on close international co-operation. The ability to disclose confidential information to assist an overseas authority with this enforcement activity, including in circumstances where parties have not provided their consent for the information to be disclosed, is a crucial ingredient of strong co-operation.

Moreover, the willingness of an overseas authority to disclose confidential information will often depend on whether the receiving authority can reciprocate. Any restrictions on the CMA’s ability to disclose such information could therefore inhibit the effectiveness of its international co-operation. The overseas disclosure gateway, which is set out in section 243 of the Enterprise Act 2002, provides an important mechanism for the CMA to disclose information to its overseas counterparts when consent has not been provided by relevant parties. The gateway permits disclosure for the purpose of helping an overseas authority’s enforcement activities.

However, the CMA is currently unable to use the overseas disclosure gateway to disclose information that comes to it in connection with a merger investigation. This means that the CMA is restricted from sharing certain information with its overseas counterparts that might be crucial to their investigation of a merger. This restriction presents two challenges for the UK’s competition authorities. First, it weakens the control of mergers with an international dimension that might adversely affect UK markets and consumers. Secondly, it inhibits the CMA’s ability to receive information that might be critical to its own merger investigations, because it has no ability to reciprocate. That, in turn, could also weaken its protection of UK markets and consumers. Clause 59 rectifies this by removing the restriction in the overseas disclosure gateway and allowing the CMA to use the gateway to disclose merger information to overseas public authorities.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I thank the Minister for setting out clause 59, because I had thought that it was inconsequential. I listened to what he said carefully, as I always do, but I did not hear him use the term “national security” once. The function of the Bill is national security. Although we have not defined it, we have debated that the Bill should be narrowly circumscribed to concerns of national security. Having listened carefully to the Minister, I get the impression that the clause has been added, and for very good reasons, to facilitate and enable the CMA’s competition and mergers powers.

We are putting the national security interest relating to mergers and acquisitions firmly here in the Bill, so the CMA is no longer concerned with and involved in that, yet this clause facilitates the CMA’s sharing of information with overseas public authorities. That information, by definition, will not be with regard to national security, because national security investigations will take place under the powers in the Bill that lie with the Secretary of State. I am somewhat confused as to what this clause is doing in the Bill. Would the Minister like to intervene to illuminate and clarify that the clause has something to do with national security?

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

The hon. Lady is quite right that it is to help the CMA.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I find it somewhat worrying, given our debates about keeping the Bill focused narrowly on national security, that the Government have added a clause to help the CMA in its functions. My hon. Friends and I have been thinking of a number of ways in which we would like to help the CMA in its functions and to improve the Enterprise Act, but we have been resolute in focusing on national security, because that is the matter before the Committee. Yet it seems that the clause, although very well meaning, is designed for an entirely different function.

You are not stopping the debate, Mr Twigg, so I presume it is in order to debate the functions of the CMA in relation to competitions and mergers generally, rather than to national security specifically.

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

It is worth respectfully reminding the hon. Lady and the Committee that this is a separate topic in the Bill that is unrelated to the NSI regime, as set out in the explanatory notes.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I have the explanatory notes, and they do not state that the clause deals with a separate topic. Paragraph 173 states:

“Clause 59 amends the overseas disclosure gateway in section 243 of the Enterprise Act 2002, removing the restriction on UK public authorities disclosing information that comes to them in connection with a merger investigation under that gateway.”

The explanatory notes do not state that the functions of the CMA are separate from national security as clearly as the Minister just has. I do not want to detain the Committee, but I register the Labour party’s concern—

Peter Grant Portrait Peter Grant
- Hansard - - - Excerpts

Does the hon. Lady share my understanding that the definitive statement on what the Bill is about is the long title of the Bill, not the explanatory notes? Does she agree that the long title makes no mention whatsoever of helping the CMA in the general exercise of its purpose?

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I am grateful to the hon. Gentleman for his intervention, because he is absolutely right that, rather than having a debate on the contents of the explanatory notes, line-by-line scrutiny of the Bill should focus on what the Bill says, and it does not mention general improvements to our competition and mergers regime, much as we feel that improvements could be made. Although we will not oppose the clause, I register our disappointment that we were not better informed of the Bill’s additional scope.

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

I think that is slightly unfair; it is included in page 4 of the explanatory notes.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

The Minister’s argument is to look at page 4 of the explanatory notes, but it does not say that the CMA’s functions are separate from national security.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

It says “interaction with” the CMA. but it does not say that that is separate from national security. In this afternoon’s sitting, when we discuss the additions that we would like to the remit and definition of “national security”, I hope that the Minister will recognise that the Bill is broader than national security, as was simply understood from his previous responses.

Question put and agreed to.

Clause 59 accordingly ordered to stand part of the Bill.

Clause 60

Defamation

Question proposed, That the clause stand part of the Bill.

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

Clause 60 provides the Secretary of State and the CMA with absolute privilege against action for defamation as a result of the exercise of functions under or by virtue of the Bill. The clause has been included to ensure that the Secretary of State and the CMA have absolute privilege from defamation claims, on the basis that the function of the regime to protect national security is too important to be at risk or in any way curtailed by claims of defamation. It is, of course, not the Government’s intention to defame anyone through the regime or more widely. I hope that hon. Members will agree that this is an appropriate protection, supported by a well-reasoned regime that seeks to protect national security while supporting businesses and investors.

--- Later in debate ---
Thirdly, the amendment seeks the inclusion of the average headcount of the investment security unit in the annual report. I refer the hon. Member for Ilford South to my response to amendment 9. Arrangements on resourcing are an internal matter for the BEIS permanent secretary. As the Committee will know, it takes only a small group of exceptionally gifted people to improve our nation’s security, as we are doing here in the scrutiny of this Bill. Look around you, Mr Twigg: everybody here is incredibly talented and therefore doing an incredible job in refining the Bill. There will, of course, be sufficient resourcing allocated to the unit in any case.
Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I wholeheartedly endorse the Minister’s words on the skill and talents in this Committee Room. He said we were improving the Bill, but he is yet to accept any changes, so I am intrigued to understand what improvements he feels we have made.

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

It is the challenge the hon. Lady offers that allows a Minister as junior as the one standing before hon. Members to be able to make the argument.

Finally, the report will also give a sense of the sectors of the economy where the greatest activity of national security concern is occurring. The Secretary of State may include additional information in relation to SMEs if he considers that to be appropriate. For those reasons, I am unable to accept the amendment, and I hope that the hon. Member for Ilford South can withdraw it.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I will say a few words in support of the amendment and on the clause, and will respond to the Minister’s comments. I think we all recognise the importance of reporting annually on the seismic shift in our national security, and of scrutiny of mergers and acquisitions. Yet it has to be said that the Bill does not say what the report’s objective is. Neither did the Minister, in listing what was included, give an understanding of the reasons the items have been included, even as he rejected the amendment of my hon. Friend the Member for Ilford South, which seeks to add points of particular interest to small and medium-sized enterprises.

I note, for example, that the number of final notifications is given but not the number of interim notifications or interim orders made. It is hard to see whether the objective of the report is to give greater confidence, to enable us to fully understand the working, or to enable us to see whether the limited contents of the impact assessment prove to be accurate. The kind of information in the report, and in my hon. Friend’s amendment, is the information that a well-run Department should wish to have. Although we are unclear on the objective of the report, which is not set out, reporting on those items as fully as possible would certainly improve the workings of the Bill, as my hon. Friend has said he seeks to do.

Sam Tarry Portrait Sam Tarry
- Hansard - - - Excerpts

I listened to the Minister’s assessment. We want to tackle a number of other substantial issues this afternoon, so on that basis I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 61 ordered to stand part of the Bill.

Clause 62

Transitional and saving provision in relation to the Enterprise Act 2002

Question proposed, That the clause stand part of the Bill.

Nadhim Zahawi Portrait Nadhim Zahawi
- Hansard - - - Excerpts

I now turn to the Bill’s final provisions. Clause 62 sets out the transitional provisions for cases that may qualify for intervention under both the Bill and the Enterprise Act 2002. The starting point for the transition arrangement is that the 2002 Act continues to apply in relation to national security until the new regime is commenced. That means that qualifying mergers can continue to be scrutinised under the Act where the statutory requirements are met.

However, the Government do not wish to expose to some form of double jeopardy qualifying mergers that take place after the introduction of the Bill but before commencement. The clause means that, in effect, the Secretary of State must use one Act or the other. Not doing so would create significant uncertainty for business and investors and could, at least theoretically, lead to the perverse position of the Secretary of State, following commencement of the Bill, re-examining decisions that they themselves made merely weeks ago under the 2002 Act.

Clause 63 makes provision in relation to the regulations that may be made under the Bill, setting out how they must be made and what they may contain. All the regulations that may be made under the Bill are subject to the negative resolution procedure, except regulations made under clause 6, “Notifiable acquisitions”, clause 11, “Exceptions relating to control of assets”. and clause 41, “Permitted maximum penalties”, where the draft affirmative procedure will apply. Given their nature and effect, the Government consider that regulations under those three powers should be subject to the approval of Parliament.

Clause 64 provides that any expenditure incurred by the Secretary of State under the Bill is to be paid out of money provided by Parliament. Clause 65 is purely a technical one to provide for definitions of the key terms used in the Bill. I do not intend to explore individual meanings of key terms now; I will instead direct hon. Members to lunch and to the relevant clauses that provide them. Finally, hon. Members will appreciate that clause 66 is purely a technical one to set out the Bill’s short title and provide details about the commencement of the Bill’s clauses and the extent of the Bill.

Chi Onwurah Portrait Chi Onwurah
- Hansard - -

I thank the Minister for setting out the provisions of the clauses and for moving us onwards to lunch and to the end of the Bill. I will not detain the Committee with a detailed consideration of the technical provisions in the clauses and the interpretation of the various terms. However, the Bill as a whole would benefit from greater clarity, as my hon. Friend the Member for Southampton, Test has so well set out, particularly in his reference to the use of language by bank managers.

We will not oppose the final clauses. We congratulate the Committee and particularly the Clerks and all those who have supported us in enabling us to reach the final clauses.

Question put and agreed to.

Clause 62 accordingly ordered to stand part of the Bill.

Clauses 63 to 66 ordered to stand part of the Bill.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

On this occasion I will, without rudely interrupting anyone, beg to move that the Committee do now adjourn.

Ordered, That further consideration be now adjourned.—(Michael Tomlinson.)