Draft Counter-Terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023 Draft National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023 Draft National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023

Dan Jarvis Excerpts

Wednesday 29th November 2023 General Committees

[Dan Jarvis (Barnsley Central) (Lab)]

It is a pleasure to serve under your particularly efficient chairship, Mr Twigg. The Minister has had a busy few days, so it is particularly good to see him. I thank him for the clarity with which he made his opening remarks. He spoke about three statutory instruments, two relating to the National Security Act 2023 and one relating to the Counter-Terrorism and Border Security Act 2019. If I may, I will touch on the National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 first, before turning very briefly to the other two statutory instruments.

The regulations will amend several pieces of legislation, including the Nationality and Borders Act 2022, to disqualify potential victims of modern slavery and human trafficking from protection if there are

“reasonable grounds to suspect that the person is or has been involved in foreign power threat activity”.

Those under this classification will be on the same legal footing as persons who are on reasonable grounds suspected of terrorism-related activity. We support this, of course, but I would be grateful if the Minister could explain whether it will mean a change to statutory and non-statutory guidance under section 49 of the Modern Slavery Act 2015. I appreciate that the Minister might not be able to answer that question today, in which case I would be grateful if he would write to me. I would also be most grateful if he could write to me with the answers to the questions I asked in the Delegated Legislation Committee on 14 November. I know he will not have forgotten about them, but he has had a lot on his plate.

Moving on to the National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023, the updated code of practice for video recording with sound of interviews for persons detained under section 27 of the National Security Act 2023 is needed to meet operational requirements. Finally, the Counter-terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023 are needed to meet operational requirements; the regulations are closely modelled on schedule 7 to the Terrorism Act 2000. Again, we support them. As I have said to the Minister previously, we Opposition Members will continue to work constructively with him and the Government on matters relating to national security, including on forthcoming legislation. I will not detain the Committee any longer.