(2 weeks, 1 day ago)
Commons ChamberThis morning, the Crown Prosecution Service decided not to proceed with the prosecution of Christopher Cash and Christopher Berry, who had been charged with espionage for China under the Official Secrets Act 1911. Members right across the House will be aware that the charges related to allegations of Chinese espionage within Parliament and will want reassurance, as will you, Mr Speaker. Many Members will be as extremely disappointed as I am that there will now not be a trial.
The decision not to proceed with this prosecution is an independent one for the CPS to make in its role as the UK’s independent prosecuting authority. However, I want to be clear that the Government remain gravely concerned about the threat of Chinese espionage. Parliament and our democracy are sacrosanct, and any attempt by any foreign power to infiltrate or interfere with parliamentary proceedings is completely unacceptable. With your permission, Mr Speaker, I will therefore set out the measures the Government are taking to tackle any residual risks arising from this case and outline the wider approach the Government are taking to protecting our democracy and countering state threats, including those from China.
The decision of the CPS related to charges under the Official Secrets Act 1911, which was the relevant legislation in force at the time. It is well known that state threats legislation had not kept pace with the changing threats we face. The Official Secrets Act was passed to counter the threat from German spies before the first world war. It referred to espionage as obtaining
“any sketch, plan, model, article, note, document, or information”
that
“might be…useful to an enemy”.
Clearly, that language—drafted well over 100 years ago —does not reflect the types of espionage or state threats we face in the modern day, nor the breadth of states that engage directly in that activity.
For that reason, the UK passed and has now commenced the National Security Act 2023 with cross-party support. That legislation, which replaced the Official Secrets Act 1911, brings new criminal offences and powers to bear against the full range of modern-day state threats. Moreover, the National Security Act is state agnostic, removing the unhelpful “enemy” language from the Official Secrets Act and focusing on the malign activity we are all concerned about.
The Act also introduced the foreign influence registration scheme, which the Government brought into force on 1 July. FIRS encourages transparency, strengthening the resilience of our democratic institutions against covert influence, and gives our intelligence agencies and law enforcement additional tools to detect, deter, disrupt and prosecute state threat actors. It requires that any foreign influence in our democracy, including from China, be declared. We can now be confident that should cases of espionage or state threats be uncovered in the future, we will be in a much better position to prosecute them under the new National Security Act.
This case hits at the heart of our democracy, so let me be clear: the Government will not tolerate any state threats to the UK and its democratic institutions. We will robustly challenge China when necessary, as we would challenge any country for unacceptable behaviour on our soil. I can confirm that the Foreign Office has démarched the chargé d’affaires of the Chinese embassy in London to make clear that we will not tolerate any activity that interferes in our democracy. MI5 is considering the provision of additional advice to those most at risk of being targeted by state-led espionage, and the Government are taking robust action to counter state threats and continue to build up the UK’s resilience.
In April, we established a new cross-Government state threats unit to better co-ordinate our response to state threats. As I set out following the recently completed review of transnational repression, new training modules on identifying and countering state threats are being offered to all 45 territorial police forces through the College of Policing and are mandatory for counter-terrorism policing officers. We have committed to legislate as soon as parliamentary time allows to take forward the recommendations of Jonathan Hall KC, the independent reviewer of terrorism and state threats legislation. That includes creating a new proscription-style tool for state threats.
As the former Foreign Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy) set out in his statement to the House following the conclusion of the China audit, we are investing £600 million in our intelligence services to support them in detecting and disrupting state threats to the UK. In September, the National Cyber Security Centre co-sealed a US-led technical advisory calling out Chinese state-sponsored cyber-threat actors targeting global networks, including in the UK. I know there will be calls to go further, and I reassure the House and the country that we will keep all tools under review and act as necessary.
As you are aware, Mr Speaker, the safety and security of our Parliament is of the utmost importance. That is why the National Protective Security Authority will issue new protective security guidance to parliamentarians and political staff on protection against foreign interference and espionage. That guidance outlines the potential risks we all may face in our day-to-day work, and how we can all better protect ourselves. I urge colleagues to read and follow the advice once issued. I also urge Members to take up the National Cyber Security Centre’s important opt-in service for Members of both Houses. It allows the NCSC to alert individuals if it identifies evidence of malicious activity on their personal devices or accounts, and swiftly advise them on steps to take to protect their information.
The strategic defence review was clear that China presents a sophisticated and persistent challenge. As the national security strategy reinforced, instances of China’s espionage, interference in our democracy and undermining of our economic security have increased in recent years. As I have set out, we are addressing those threats, but there are also opportunities we need to grasp as we navigate our complex relationship with China. The last Government did not describe China as an enemy, and this Government do not think our relationship can be simplified down to a single word. Instead, we are taking a consistent, long-term approach to China, firmly rooted in the UK’s global interests.
I finish by paying tribute to our law enforcement, security and intelligence agencies, who do so much to keep us all safe. They operate often in secret, often in the shadows and often at great personal danger, but they have our enduring gratitude. While we are extremely disappointed with the outcome in this case, the legislation it relied on has already been changed. Should we need to go further, we will not hesitate to do what is necessary to keep our country safe. I commend this statement to the House.
Let me start by thanking the Security Minister for the briefing and information he provided ahead of his statement. Let me also join him in paying tribute to the officers in our police force and in the security service. They work so hard and take personal risks to keep us safe.
Let us start with Parliament’s Intelligence and Security Committee’s assessment of China, published a year or two ago. It found that China had penetrated every sector of our economy. When the Security Minister a moment ago said that China merely posed a “challenge”, he was wrong I think to use that word. China poses a threat. It poses a threat because it participates and organises systemic espionage into our public institutions, including Parliament. It purloins intellectual property from universities and from companies, particularly in the technology sectors, and it routinely spies on the UK as a state. They also engage in transnational repression of Chinese citizens here, for instance running secret, undeclared police stations and putting bounties on the heads of individuals. The word “challenge” is not strong enough; the state of China poses a threat.
The Security Minister said that the Government would “robustly challenge China”, but let me gently point to some of the decisions that the Government have taken in practice. We saw a signal back at the G7 last year, when the Prime Minister was, I am afraid to say, obsequious in dealing with President Xi, appearing to prioritise economic links above security considerations. We have not seen any decision to place China in the enhanced tier of the FIRS scheme, although that regime has been in place for several months, and the Government seem to be viewing with favour the application for a new super-embassy in London, to which our allies, including America, are urging us not to consent and which many of our intelligence services say will be used as a base for espionage activities. So the Government’s record on China causes deep concern, but of equal concern is this specific case—and, Mr Speaker, you explained why that is of particular concern to Parliament, given that the alleged espionage activities touch directly on Parliament and the way in which Members of Parliament do their duty.
I have in front of me a briefing provided to the press by the Crown Prosecution Service, dated 26 April 2024, when these charges were first laid. That briefing states that one of the subjects was commissioned over a period exceeding a year, between December 2021 and February 2023, by a Chinese intelligence asset. There are 34 reports on what this note describes as “very specific topics”, some of which relate directly and personally to Members of Parliament. One of the deputy national security advisers told the Crown Prosecution Service that he assessed this information to be “directly or indirectly, useful” to the Chinese state, and said that it was
“prejudicial to the safety or interests of the United Kingdom.”
Given the gravity of that assessment, it is astonishing that these charges have now been withdrawn. The Crown Prosecution Service clearly assessed these allegations, and the evidence, against the law—against the 1911 Act —in 2024, and found the test to have been met; so why today, more than a year later, have we suddenly been told that the test is no longer met? My question to the Security Minister is a simple one: given the gravity of the charges that I have just read out, what has changed between last year and this year? Why has a case that met the threshold and met the test in April 2024 all of a sudden been determined not to do so?
May I ask specifically whether anyone in the Government put any pressure on the Crown Prosecution Service in relation to this case? Did the Government co-operate fully with the police, the security services and the CPS in providing the information required, including information relating to the definition of “an enemy”? Can the Security Minister give the House those express assurances? I certainly share your concern, Mr Speaker, and, I am sure, the concern of many others, that what appears to be extremely serious espionage, assessed as such in the written disclosure that I read out—assessed by the deputy national security adviser as being prejudicial to our national interests—has all of a sudden, and with no explanation, been dropped, even though previously, just a year and a bit ago, it was assessed that this case did meet the threshold. The House and the country need to know what exactly has changed.
Let me seek to address the shadow Home Secretary’s points. He raised the question of whether China constitutes a threat or not. I think I was very clear in the language that I used. As the right hon. Gentleman will know, and as the Government set out in the strategic defence review, China presents a “sophisticated and persistent challenge”. The reality is that, in government, there is an absolute requirement to co-operate with nations all around the world. When there are areas in which we need to challenge China, of course we will do so. I am sure the right hon. Gentleman and other Opposition Members will completely understand that when there are areas, in terms of economic co-operation, in which we need to work closely with China, of course we will do so, because it is absolutely in our national interest.
I referenced the comments of the previous Foreign Secretary, and the shadow Home Secretary might want to look back at what was said following the China audit. The previous Foreign Secretary was absolutely crystal clear: we will take a long-term, strategic approach to China that is rooted in the UK’s national interest. I understand why the shadow Home Secretary wants to boil down such a complex bilateral relationship into a single word, but the reality is that it is neither helpful nor sensible to do so.
The shadow Home Secretary will not be surprised to hear that I do not agree with his characterisations of what he described as the “signals” that this Government have sent to China. In truth, I will not take any lessons from him on that, not least because—I have said this to him previously—it was not so long ago that a Conservative Prime Minister took the leader of China to the pub. When it comes to signals, I am not sure that the shadow Home Secretary speaks with a huge amount of authority.
The shadow Home Secretary spoke about FIRS. He knows that the Government’s position is that no decision has been taken with regard to the enhanced tier and China, and any decision taken by the Government will be announced in the normal way. FIRS is a crucial tool, and I am proud that this Government have got on and implemented it as of 1 July.
The shadow Home Secretary specifically raised the issue of the embassy in London, as I am sure other hon. Members will. He will know that China’s application to build a new embassy in London is going through an independent planning process. A final decision on planning permission will be made in due course by the Secretary of State for Housing, Communities and Local Government, but I can be absolutely clear, in relation to FIRS, the nature of the threat and the embassy, that national security has been, and will continue to be, a core priority for this Government throughout the process.
The shadow Home Secretary asked about the CPS decision. I know that he understands that he is asking me about decisions made by the CPS that are entirely independent of Government. This was an independent decision made by the CPS, and it is not for any Government Minister to speculate on the reasons behind it. As I have said—I have been crystal clear—the Government are extremely disappointed with the outcome in this case, and we remain extremely concerned about the espionage threat posed to the United Kingdom.
I hope that the Intelligence and Security Committee will get a good chance to dig into what has happened in this place, because we are hampered in the Chamber by not being able to look at sensitive issues. I also hope that the Minister will lend his weight to the approval of many senior Members of this House, prior to the last election—it got as far as the last Prime Minister—to create a Committee to look at sensitive spending, but also sensitive issues. In the summer, this Government chose to reintroduce extradition arrangements with Hong Kong, despite the application of the Chinese security Act. Given what the Minister has said today, how can we square both of those positions?
I hope that my hon. Friend knows that this Government hugely appreciate and respect the relationship we have with Hongkongers. Through the processes in place, we will absolutely ensure that nobody, be they a Hongkonger or any other nationality, is extradited for reasons of political expediency. I can also point her to the important work, which we take incredibly seriously, on transnational repression. I previously made a statement to this House, and I hope that she and others understand the seriousness with which we take these activities. We are working closely with our international allies, and we are doing everything we can to ensure that the UK is a hard target for these threats, wherever they might originate.
As always, I am very grateful to the Minister for advance sight of his statement.
For years, the Chinese Communist party has worked to undermine the democratic institutions and values that underpin our society. This House is all too aware of the warnings, not least from the Intelligence and Security Committee’s excoriating report on China. That report made it clear that the previous Government lacked a coherent strategy for dealing with the threat posed by the Chinese state and that insufficient resources had been committed to meet that challenge. We expect to see better from this Government.
We are faced with a case in which two men, one of them a parliamentary researcher with close links to senior MPs, were accused of serious offences under the Official Secrets Act, only for the Crown Prosecution Service to drop those charges due to insufficient evidence. In this context, the decision is deeply worrying. It raises serious questions about the UK’s capacity to detect and prosecute espionage linked to hostile states, particularly China. So what specific issues with the evidence led the CPS to conclude that the threshold for prosecution was no longer met?
More broadly, what does this outcome say about our preparedness to respond to threats from foreign intelligence services operating on our soil, and even within the corridors of this Parliament? The Government must make protecting our democracy a national security priority. That means implementing the recommendations of the ISC’s China report in full, and ensuring that we are not left exposed to foreign interference simply because our systems are not equipped to respond.
Finally, the Minister again today committed to introduce legislation for a proscription mechanism for state and state-linked bodies as soon as parliamentary time allows. Could he update us on the timeline for bringing this forward and what its scope will be?
I am grateful to the hon. Member, as I aways am, for the very sensible and reasonable way in which she has made her comments. She raises a number of important observations, many of which I agree with. I do have to say to her what I said to the shadow Home Secretary, which is that it would be completely inappropriate for me to speculate about the reasons why the CPS sought to make this decision. I completely understand why right hon. and hon. Members would ask me about it, but I hope they also understand that I am not able to talk about why the CPS has decided to make this decision. That is very much a matter for it, not for the Government.
On the other points the hon. Member raised, let me give her an assurance that the Government do everything we possibly can to ensure that the UK is a hard target to guard against those malign forces, wherever they may come from, that seek to infiltrate or interfere with our democratic processes. We will ensure that our security and intelligence services and agencies and law enforcement have the necessary tools and resources they need to do the difficult job of guarding against the threats we face. Obviously, as she understands very well, there is also a legislative framework for that, and that is why, I understand, she asked the question about Jonathan Hall KC and the recommendations that she has made recently. As she knows, we have made an absolute commitment that we will legislate as soon as we can, and I give her an assurance that that work continues at pace.
I thank the Minister for his statement. I think we have a duty—all democracies have a duty—to protect democracy from its enemies. I do not doubt that our allies face exactly the same challenges, so I would be interested to know what discussions we have had with our allies about this very challenge. The Minister mentioned that MPs and their offices would get new guidance. Can he commit to a date for that being issued?
My hon. Friend raises an important point about our allies. Many of the threats and challenges we face are shared ones, which is precisely why the UK Government convened the five countries ministerial conference last week. We were proud to host our allies from the Five Eyes nations, with which we work very closely, along with other important international co-operation arrangements. We do work very closely with our allies to ensure that, collaboratively and collectively, we are best able to guard against the threat we face.
I can give my hon. Friend an assurance that we will seek to ensure that the new guidance is in place as soon possible. I also point to the fact that I wrote to all Members of this House just before the recess with advice on protective security and other matters. However, should any Member feel that they need additional support, we will work very closely with you, Mr Speaker, and the Parliamentary Security Department to ensure that they get it.
The Minister made the point that the charges brought were under the old legislation, the Official Secrets Act, which has now been superseded. Has he made an assessment of whether the charges would have proceeded had the new offences been in place at the time the charges were brought? Will he be working with ministerial colleagues, law enforcement and others to look at whether new offences are needed in this case and in others?
If I may say so, that is a very clever question from the Chair of the Home Affairs Committee. I hope that the right hon. Lady will understand that, given that the decision was communicated this morning, the Department and the Government will be looking at it very closely. I am confident that the new National Security Act gives the Government—I genuinely pay tribute to the previous Government for their work in introducing that groundbreaking legislation—the tools we need, but I know she will understand that we will look very closely at the decision communicated this morning and satisfy ourselves that we have all the necessary powers and tools to guard against the nature of the threat we face.
I thank the Minister for his statement. The first duty of any Government is to keep their citizens safe, and I know that he has a track record of doing just that. He also rightly recognises that politics is not just about MPs or Members of the other place; it is also about political staff, the Clerks, everybody who works in this place, and everybody in local government. What reassurances can he give my constituents and the greater population that he will ensure that we stop foreign influence over our democratic processes for everybody?
I am grateful to my hon. Friend, who raises an important point. I can give him and his constituents the assurances he seeks. The Government take these threats incredibly seriously and we will do everything we need to do to keep the public safe. On behalf of the Prime Minister, I chair the Defending Democracy taskforce. The Prime Minister recently renewed the mandate of that cross-departmental mechanism, which ensures that we are able to provide a whole-of-Government approach to the threats we face. The Government take these matters incredibly seriously. These are not party political issues. I have always believed that these are matters that should be a shared endeavour. I will want to work with him and Members right across the House to ensure that, collectively, we keep ourselves safe.
I call the Member who has been heavily involved in this, Alicia Kearns.
I will be responding in a personal capacity, but may I start by thanking you, Mr Speaker, for the support you have given to us over the past two years? I also place on record my gratitude to our intelligence community and counter-terrorism police, who are exceptional.
From a securities perspective, today’s events are disastrous. They will embolden our enemies and make us look unwilling to defend our own nation, even when attacked in this place, the mother of all Parliaments. I am relieved that the National Security Act will make it safer and easier in future to prosecute foreign spies, but I urge the Minister to reform the Treason Act so that traitors are prosecuted and face justice, put China in the enhanced tier, and support private prosecution.
It remains unclear to me why Chris Cash and Christopher Berry cannot be prosecuted under the Official Secrets Act. The evidence shows a clear line between those two, the United Front Work Department and the politburo—the very top of the Chinese Communist party. The information shared was prejudicial to the safety and interests of the UK, and I believe it put Members at personal risk. My right hon. Friend the Member for Tonbridge (Tom Tugendhat) was told by agency heads that the evidence was overwhelming and the case beyond doubt. Counter-terrorism police this morning agreed and said the same to me—that the evidential standard had been met at the time of charges.
My question for the Minister is simple: if officials, the security services and the police agree that the case was a slam dunk, why has the Crown Prosecution Service not been able to get it over the line? If the CPS was not confident, why, given the compelling evidence, did it not put it to a jury and test it? Whoever is responsible for this decision—whether the Director of Public Prosecutions, an official in his own Department or the Attorney General—they have weakened the defence of our country today and I am desperately sorry to see it.
I am very grateful to the hon. Lady for her remarks, and I completely understand why she has phrased them in the way that she has. Let me also join her in thanking you, Mr Speaker, for the work you have done to keep parliamentarians safe. Over the next few days, weeks, months and years, it is vital that we work together. I look forward to meeting you later on today to discuss how we can ensure that we work together to safeguard all our parliamentary colleagues.
Turning to the substance of the remarks made by the hon. Lady, I agree with her characterisation of the National Security Act. I will look very carefully at the points she made specifically with regard to treason. On her assessment of the decision that has been made, I completely understand why she has arrived at that conclusion, as will Members right across the House. In my opening remarks, I expressed my extreme disappointment at the decision that has been made. These remarks, and the judgments people are forming in the House this afternoon, will be heard by the CPS. I know that she will take every opportunity—as will the right hon. Member for Tonbridge (Tom Tugendhat), whom she referenced in her introductory remarks—to seek a meeting with the CPS at the earliest available opportunity to hear and better understand the decision-making process it has been through.
As I have said previously, I am not able to speculate on the reason why the CPS has taken this decision. I am extremely disappointed that it has done so, but I will do everything I can to ensure that Government are organised so that we can ensure we have the resources in the right place to stand against the threats that we face.
I have raised with the Security Minister on several occasions the fears of the Hong Kong community in Bracknell and across the country, and today is just another reminder of the long arm of the Chinese state that so worries my constituents. Given that, and given the real and genuine fears of the Hong Kong community, does the Minister agree that it is important that as we seek, rightly, to reform the immigration system—it is good to see the Migration Minister, my hon. Friend the Member for Dover and Deal (Mike Tapp), in his place next to the Security Minister—we nevertheless safeguard and protect the bespoke route of the British national overseas visa, recognising the historic commitment we have to the Hong Kong community?
I am grateful to my hon. Friend for the work he has done to support his constituents and champion Hongkongers. Hopefully he heard my earlier remarks about the respect and admiration that we have for Hongkongers and the importance that we attach to our relationship. I completely understand the fears that have been represented by my hon. Friend and a number of his constituents; I have had a number of meetings with members of that community and will have further such meetings. I look forward to working with him and with colleagues in the Department to ensure that those from the community feel that the Government will protect them, because that is what we will always want to do.
I make the following comments as somebody who has been sanctioned and hounded by the Chinese Government all the way through the past few years. I was briefed by the security services at the beginning that this was a slam-dunk prosecution—they were clear that they had met every single requirement within the Official Secrets Act. As my right hon. Friend the Member for Croydon South (Chris Philp) said earlier, the deputy national security adviser was very clear in his assessment of the information communicated by the two characters who were being prosecuted that at least 10 of the 34 charges that were laid were absolutely about passing secure information to the Chinese intelligence agency that would be “directly or indirectly, useful” to the Chinese state. That is very clear. It cannot, therefore, be for a lack of evidence that this has been dropped by the CPS.
The key here was the whole idea of the Official Secrets Act defining that work as against an enemy—that is the key. So why in heaven’s name did the Government not take the opportunity, when it arose after the China audit, to raise China into the upper tier, as they did with Russia, North Korea and Iran? The Minister speaks of threats, but he does not say that China is a threat; he says it is a “challenge”, which is a ludicrous position to take.
I honestly feel today that this Government have let you down, Mr Speaker—the Speaker of this Parliament—after you bravely stood for people like me to protect us against the overtures of the Chinese. They have let down Parliament. Nobody knows now whether they are safe, because these charges have been dropped. It is absolutely key, furthermore, that until we define China as what it is—a persistent threat that targets individuals, like me and others, and states—this will be a shame and a blot on our reputation as a strong state against terrorism.
I recognise that the right hon. Gentleman has, for entirely understandable reasons, a very long-standing interest in these matters, but I am afraid I do not agree with the assessment he has just offered. This Government take the threats that we face, regardless of where they come from, incredibly seriously. We will do everything that we need to do to safeguard our Parliament and our parliamentarians and to ensure that our democracy is not undermined or infiltrated by malign forces, wherever they might come from. I give the right hon. Gentleman and the House a categorical assurance that we understand that national security is the first duty of Government, and nothing—nothing—will get in the way of that.
As someone who chaired the Intelligence and Security Committee throughout its China inquiry and who criticised the previous Government’s position on China, I am sad to see that this Government do not seem to understand the importance of signals. It sends a signal to describe “Chinese challenges” but not “Chinese communist threats”. It sends a signal to allow China to build a super-embassy against the advice of the security services. It sends a signal not to put China in the top tier of the foreign influence registration scheme, and it sends a signal above all to allow it to buy up increasingly important parts of our economy and national infrastructure. Can we stop sending the wrong signals?
The only signal that this Government will send is that threats to our country, wherever they come from, will not be tolerated.
China has broken international agreements with the UK. It has placed bounties on the heads of Hongkongers seeking refuge in this country. Today’s announcement that charges have been dropped will only embolden China in its efforts to interfere with our democracy. The Minister has mentioned the effectiveness of the foreign influence registration scheme, so will he now assure us that all relevant officials, including those in the Administration of Hong Kong, will be placed in the enhanced tier of the scheme?
I am grateful to the hon. Member for his remarks, but I hope that he would acknowledge that the incidents he described, about which he rightly has concerns, were condemned by the UK Government at the time. The UK Government have been clear about the fact that we will not tolerate transnational repression on those living in the UK. FIRS falls out of the National Security Act, and he knows that we have already announced that two nations will be included on the enhanced tier. Any further decision about other nations being included will be made in due course.
The Minister euphemistically described our relationship with China as “complex”. It is not complex. It is characterised by espionage, malign behaviour and a massive trade imbalance. How is that complex, and why do this Government persist in opposing the views of their advisers and permitting—even facilitating—this massive centre for espionage close to the centre of our financial quarter?
I have a lot of time for the right hon. Gentleman, but I do not agree with what he has just said, I am afraid, nor do I agree with the characterisation he makes around the embassy. I have said to him and the House previously that national security will be the overriding priority with regard to any decision that is made independently in a quasi-judicial process led by the Secretary of State. I can again give him an assurance that when it comes to any decision about the embassy, as has been detailed in letters that the previous Foreign Secretary and I have sent, national security will absolutely be at the forefront of any consideration.
There is a very nasty smell about the collapse of this Chinese spying affair case. Just over a year ago, the Crown Prosecution Service counter-terrorism unit said after complex investigations that these were very serious allegations and that charges were brought, but now we are supposed to believe that it cannot provide any evidence whatsoever. It feels to me as if one of two things has happened here: either the Crown Prosecution Service was wrong—potentially incompetent—or someone very high up in the Government has interfered with this situation. Which is it, Minister?
When the hon. Member takes a moment to think carefully about these things, he will understand that Government Ministers should not speculate on the reasons provided for a particular decision by the Crown Prosecution Service, which is independent of Government. It would be entirely improper for any Minister to do that. I am happy to give him and any other Member who needs it an absolute assurance of how seriously we take the threats we face from a range of different malign forces around the country. This Government will ensure that we are best able, best prepared and best resourced to guard against the nature of the threat, and nothing will stop us doing that.
The Security Minister mentioned the Official Secrets Act 1911, but he will know that it was updated in 1920 and, indeed, in 1989. As one of the co-authors of the Intelligence and Security Committee’s China report, along with my right hon. Friend the Member for New Forest East (Sir Julian Lewis), I say to the Minister, following the comments of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), that that report highlighted China as a threat, not a challenge.
There has been reference to the ISC looking at the case as it is currently looking at the data leak around the Afghan relocations and assistance policy, but the reality is that the legislation that set up the Committee—one part over 30 years ago and one part over a decade ago —is not fit for purpose. A lot of trust is invested in that Committee. Is it not time that with more power and funding going to the Intelligence and Security Committee —with even more responsibility being put on it, to be fair—it should be given more powers so that this Parliament and the people we represent know there is proper democratic parliamentary oversight of the intelligence community in this country? They are wonderful and they do a fantastic job, but they are sometimes fallible.
I am grateful to the right hon. Member for his remarks, as well as the work he has done in this area and his service on the Committee. As a former Committee member, he will understand that the Committee is fiercely independent of Government, and rightly so, but I happen to think it does an outstanding job. It is a great asset for Parliament.
As Security Minister, I will want to work incredibly closely with the Committee and co-operate with it whenever we can. It is clearly not for me to suggest particular matters that it may wish to investigate, but knowing the Chair and the deputy Chair as I do, I think it entirely likely that it may decide to look closely at this particular matter.
The Minister is clearly not happy with the CPS’s decision, and therefore the Government are not, and the House is obviously not either. Because the two suspects did not face a trial, double jeopardy does not come into play. Will the Minister undertake to explore with the Attorney General the scope for him to bring a case against those two, if not under the Official Secrets Act to test the case with a jury, then under the new legislation, which clearly would present no problem in court terms?
I certainly agree with the hon. Member in his assessment of my being not happy. The decision was communicated this morning. The points he raised were reasonable, constructive and helpful, so let me take them away and consider them with colleagues across Government.
The threat to our national security from China is real, and I share the disappointment and concern expressed. However, the Minister will also be aware that China has used entirely bogus national security charges to imprison a British citizen, Jimmy Lai, who has now been in solitary confinement for five years and whose health is deteriorating rapidly. This morning, his son Sebastien Lai asked to see the Prime Minister to press him to do more. Will the Minister reinforce that case and take every action possible to get the Chinese to release Jimmy Lai?
The Joint Committee on Human Rights, of which I am a member, published an inquiry report into transnational repression earlier this year. It welcomed the introduction of a foreign influence registration scheme but expressed concern about the absence of China on the enhanced tier. Its absence risks undermining the credibility and coherence of the scheme. Will the Minister listen to colleagues from across the House, pick up the recommendations of the report and include China on the enhanced tier?
I am grateful to the hon. Member for the work he does on the Committee. I hope that when I gave evidence to the Committee, I conveyed the seriousness and importance that we attach to matters relating to transnational repression. I am genuinely grateful to the Committee for the work it has done and the report it published. I will respond to it as soon as I am able to do so.
The Minister has repeatedly said that it is not his job to speculate on the CPS. He is right, but it is his job to defend the security of this country and therefore to ask the CPS why it has not brought charges. Has he done that? Has he rung the CPS before he came to the House to speak to it and to understand why it has not gone ahead? If not, why not?
I accept the charge the hon. Gentleman makes against me that it is my responsibility to defend our national security, and I hope he understands that that is something I take incredibly seriously. The decision was communicated this morning. This was an independent decision, but I give him and others an assurance that we will, of course, look incredibly closely at it.
In early June, the Government told me that the report regarding the inclusion of China in the enhanced tier would come forward in due course. As the Minister said in his statement, the chargé d’affaires at the Chinese embassy has now been démarched. Can the Minister outline why China has not been included in the enhanced tier of the foreign influence registration scheme, because if national security is the first duty of Government and nothing will get in the way of that, why are the Government dithering when it comes to formally challenging China?
We are not doing what the hon. Gentleman suggests we are. What we are seeking to do is ensure that we have all the right tools to guard against the nature of the threats that we face. We take that incredibly seriously. He knows our policy with regard to FIRS, which this Government introduced on 1 July, but no doubt we will have more to say about it in due course.
Is the alarming takeaway from this, both for this House and for any potential spy, that we are being asked to believe that the espionage in which Messrs Cash and Berry engaged is not a criminal offence? Is that where our defence of national security has got to?
The takeaway is that the CPS made an independent decision this morning, and that this Government will do everything we can to keep the country safe. That is the takeaway.
The Minister is an honourable man, but our disquiet and our constituents’ concerns run very deep. While I welcome the improved legislation in place to deal with the issue, the fact of the matter is that once again—I say this with great respect—the Government are being seen nationally as weak on criminal activity, and particularly on the action of the three defendants. When will the Government remind the world that this great nation, the United Kingdom of Great Britain and Northern Ireland, is a strong nation that meets our enemies face to face and on any footing? Will the Government send the message that any foreign operatives on our soil will be rooted out and will pay a price for working against this sovereign nation?
I hold the hon. Gentleman in the highest regard, so I hope that he will not mind me gently pointing out to him that I could not have been clearer in my earlier remarks about how seriously we take these issues. We will work very closely with allies and partners right around the world to ensure that we do everything we can to guard against the threats that we face.
I call Alicia Kearns on a point of order. May I just say what a pleasure it is to see you back?
(2 weeks, 6 days ago)
General CommitteesGood afternoon, ladies and gentlemen. The usual rules apply: no tea, no coffee and, if anyone wishes to remove their jackets, they may do so.
I beg to move,
That the Committee has considered the draft Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000 (Port Examination Codes of Practice) Regulations 2025.
It is a pleasure to serve under your chairmanship, Sir Roger. This statutory instrument, which was laid before the House on 9 July, brings forward revised codes of practice for the exercise of powers under schedule 7 to the Terrorism Act 2000 and schedule 3 to the Counter-Terrorism and Border Security Act 2019. Those powers are vital tools in our national security framework. They allow a counter-terrorism police officer to stop, question, search and detain a person at a port or the border area in Northern Ireland to determine whether the person is or has been involved in terrorism or hostile activity, respectively.
The changes we are debating today follow a public consultation held earlier this year that ran from 17 March to 27 April. The consultation invited views from a wide range of stakeholders, including legal experts, civil liberties organisations, operational partners and members of the public. It focused on proposed updates to the codes of practice to ensure that they remain clear, proportionate and fit for purpose. The Government’s response was published on 23 June. Let me take the opportunity to express my gratitude to everyone who engaged with the consultation. The feedback received has helped to shape the final versions of the codes, which now provide greater clarity on how these powers are to be exercised and therefore strengthen safeguards for individuals subject to examination.
I will briefly summarise the key changes that will be made by this instrument. First, a minor element of how examining officers can use the powers in the border area of Northern Ireland will be clarified. The updated guidance makes clear that officers can ask someone why they are in the border area to help them decide whether the person falls within scope of the powers before any formal examination begins.
Secondly, the distinction between counter-terrorism and public order policing will be reinforced. Schedule 7 powers are designed to help police to identify individuals who may be involved in terrorism. They are not meant to be used for managing protests or public order. However, in rare cases, someone’s protest activity might cross a line, for example if it involves serious violence to promote a political cause and could meet the legal definition of terrorism. In such situations, officers may use schedule 7 powers to assess whether the person is involved in terrorism.
Thirdly, consular access guidance will be improved. Individuals detained under these powers have the right to contact their embassy, high commission or consulate. The codes now clarify that questioning may proceed once a request for consular notification has been acted on, even if the consulate is not yet available. That ensures that detained individuals understand their rights and that officers act promptly.
Fourthly, notification safeguards will be enhanced. Officers must inform individuals when an examination begins. That is a key safeguard to ensure that people understand their rights and responsibilities. The updated codes confirm that this notice can be given verbally or in writing, which is especially helpful where language or communication barriers exist. That will make the process clearer and more accessible.
These changes are designed to strengthen public confidence, support operational effectiveness and ensure compliance with human rights obligations. With that, I commend the regulations to the Committee.
I thank the hon. Members for Reigate and for Sutton and Cheam for the constructive and reasonable comments that they have made. Let me seek to respond to them as best I can. First, let me take the opportunity to reiterate the importance of these powers. Both schedule 7 and schedule 3 are essential tools in our counter-terrorism and counter-state threat networks. They allow officers to act swiftly and decisively at the border to detect and disrupt those who pose a threat to our national security.
I thank the hon. Member for Reigate for her kind words. It is indeed a privilege and a pleasure to continue to serve, not only in the Home Office but also now in the Cabinet Office. I have been in touch with the shadow Home Secretary, the right hon. Member for Croydon South (Chris Philp), to seek to talk to him about the nature of the changes that we have made across Government. I think there will be very significant benefits in terms of our ability to co-ordinate national security activity across Government, and I very much hope that will have the support of Members right across the House.
The hon. Lady will know, I hope, that we have always approached matters relating to national security not on a party political basis. These are matters of the most profound importance. My approach as Security Minister will always be to work closely with Members across the House, and certainly with Opposition Members, but I am grateful to the hon. Lady for her comments.
The hon. Lady asked an entirely reasonable question, seeking assurances about conversations that we have had with the police. I can give her the reassurance that she seeks. We have worked incredibly carefully with the police. Of course, I am always required to make the point that the police are operationally independent of Government, as she knows, but we work to ensure that any changes, whether to codes of practice or, obviously, to more weighty matters relating to legislation, are worked through very closely with police forces, both nationally and locally. We value the work that our police officers do, we recognise the challenges that they face, and this Government—as I am sure the last Government did as well—will always work as closely as we can with them.
The hon. Lady made an entirely reasonable point about the observations of the independent reviewer of terrorism legislation, Jonathan Hall. Let me say something about him as an individual, because his name often gets raised in these kinds of forums. He is someone who speaks with great credibility and authority on these matters, and I think has widespread respect throughout the House. Having worked closely with him in opposition and in government, I know that there is a diligence and an authority as well as an independence to the work he does, and the Government always listen very carefully to his recommendations.
The hon. Lady specifically asked about Northern Ireland. I am conscious that with us is a distinguished former Secretary of State for Northern Ireland, the right hon. Member for Skipton and Ripon, so I shall choose my words carefully, not least because he may take the opportunity to intervene on me. Specifically regarding the use of powers in the Northern Ireland border area, I can tell the hon. Lady that the Government do recognise the sensitivities. The codes now provide greater clarity on the preparatory powers available to officers, and explicitly address concerns raised by the independent reviewer of terrorism legislation in his report, which I think dates back to 2022. The changes that we have made ensure that the powers will be used only for national security purposes.
It is also worth making the point that, on public order policing, the Government have accepted the independent reviewer’s recommendation that schedule 7 should not be used to manage protest activity. I can reassure the hon. Lady that we work very closely with the independent reviewer and we look very closely that the recommendations that he has made.
I now turn to the points that were very reasonably made by the Liberal Democrat spokesman. I understand the concerns that he and his colleagues, including the leader of his party, have raised on matters of proscription. His Front Bench spokesperson, the hon. Member for Hazel Grove, has had a number of briefs on Privy Council terms on these matters, but should the hon. Gentleman or the hon. Lady require further information from this Government, we stand ready to provide it.
The hon. Gentleman knows the Government’s position with regard to the proscription of Palestine Action. The Government believe that the decision to proscribe was necessary and proportionate, and we have sought to explain that as well as we are able to, given some of the limitations that are imposed upon us—not least ongoing police investigations and ongoing court proceedings. However, I do recognise the concerns that the hon. Member and others have raised about the process of proscription, and I can say to him, as I have said to the House previously, that these are matters that the previous Home Secretary, the current Home Secretary and I take incredibly seriously. We were satisfied, based on the advice that we received, that the decision that was taken was both proportionate and necessary. I understand that he will not agree with that, but I hope that he understands the reasons why we took the decision.
Let me say a word before seeking to conclude, because I am grateful for the attention of Committee members but I do not intend to detain them further. I again offer thanks to Opposition Members for their contributions, and I finish by emphasising that public safety and national security are priorities of the utmost importance for this Government. In discharging those critical responsibilities we are fiercely committed to transparency, accountability and the rule of law, and it is in that spirit that we brought forward these draft regulations, which I commend to the Committee once more.
Question put and agreed to.
(1 year, 5 months ago)
Commons ChamberAs the hon. Gentleman will know, any criminal allegations are properly a matter for the courts, and he would not expect a Minister to comment on them from this Dispatch Box. If he wishes to write to me in respect of the further allegations he makes, I will be happy to take them up myself or with ministerial colleagues.
What consideration has been given to the merits of making it illegal for public sector bodies to pay ransoms if they are the victim of a ransomware attack?
That is a good question; it is something the Government continue to keep open and under review. The argument against doing so is that it could discourage companies that are subject to ransomware attacks from reporting them, for example to the National Cyber Security Centre. Those reports help us to gather intelligence on the nature of those threats and to work with victims to resolve them. It is not something I rule out totally, but that is the reason that we have not imposed it so far.
(1 year, 9 months ago)
Commons ChamberThe hon. Member shakes her head, but that serious threat is hanging over these families. It has not happened, and it is not right to overplay that when officials and others are working incredibly hard to make sure that we do not cross that red line for anyone who is entitled to be here in the United Kingdom. She well knows it is not £28 per day; that is on top of the £7,000 a person and the £20,520 for integration. I am focused on trying to solve an incredibly complicated and difficult scenario so that we see through our duty to those to whom we owe it. If there are contributions that will help me do that, I will always listen to them, but I am obviously not going to engage when contributions are just used as a stick to try to beat the Government.
I thank the Minister for this statement, and I know he takes these matters seriously, as do Members across the House.
On Monday, in response to an urgent question, the Minister for Armed Forces, the right hon. Member for Wells (James Heappey), said that
“certain members of the CF333 and ATF444 taskforces, will not be eligible for relocation under ARAP.”—[Official Report, 11 December 2023; Vol. 742, c. 629.]
The Minister for Veterans’ Affairs well knows, as do I, that the Triples were recruited by the UK, led by the UK and paid by the UK. By design, they served shoulder to shoulder alongside us. We owe them a debt of gratitude, and it is a matter of honour. Does the Minister share my concern that, based on what the Minister for Armed Forces said on Monday, the ARAP criteria do not guarantee qualification for the Triples? He will share my concern that many have already been rejected, and some undoubtedly already are dead. What more can be done to support the Triples?
I pay tribute to my friend, the hon. Member, who I know commanded one of these units at a similar time to when I was in Afghanistan, and he has a deep and intimate knowledge of how these taskforces were set up, paid for and funded. It is for the Ministry of Defence and the Minister for Armed Forces to speak about what that Minister said on Monday, but I am clear that we have a duty to these individuals. While technically the Minister for Armed Forces was right that they were led and had direct command chains into the Afghan Government, there will be no attempt whatever from this Government to close down avenues for those who served in 333 and 444, who the hon. Member personally trained and fought alongside. While I recognise the concern, he will know that I will not oversee a scheme that does not do its duty to those he and I served alongside in Afghanistan, particularly in the 333 and 444 taskforces,.
(1 year, 10 months ago)
Commons ChamberOf course. The Armed Forces Covenant Fund Trust is fantastic in that regard. It is an independent body that receives at least £10 million a year from the Government to support vital charities and what they are doing. The charity space is made up of large and small charities, and they are all equally important. They save lives and work on the frontline every day. I pay tribute to my hon. Friend and his fundraising, and to all colleagues across the House who support veterans charities, which are a vital part of delivering this nation’s commitment to our armed forces veterans.
I am sure that we are united in this House in wanting to secure the best outcome for veterans. An important part of that is remembering their service and ensuring that we never forget the sacrifices that they made on behalf of our country. I am conscious that the Minister is sitting next to the Minister for Defence People, Veterans and Service Families, who knows a little more about commemoration, but he will also know that we are very privileged to still have some veterans from Operation Overlord and Operation Market Garden. On behalf of the Government, will he say what work is under way to ensure that there will be a fitting 80th anniversary tribute to them next year?
I pay tribute to the relentless way that the hon. Member provides a voice to veterans in his community and across the country. Next year is an incredibly important year. While we contemporise remembrance, as we did this year in the way we changed the parade and such things, we are incredibly privileged to have people still with us who experienced a conflict that none of us could ever imagine. They are a living and breathing example. The Government are determined to honour that in the correct fashion next year. I look forward to sharing those plans with him in due course.
(2 years ago)
Commons ChamberLargely because these are two different cohorts. Ukrainians are looking to return to Ukraine in the future; the Afghan cohort are staying here and will be in this country for an indeterminate period. We are looking at all ways that we can continue to assist those who have come over from Afghanistan. I, too, pay tribute to all the Home Office liaison officers and all the staff in the Department for Levelling Up, Housing and Communities and in the Ministry of Defence who have worked hard to get this over the line. I said that we would honour our commitments to the people of Afghanistan and we will continue to do so.
The Minister will be acutely aware, as I am, that around 2,000 Afghans who are entitled to the Afghan relocations and assistance policy are stuck in hotels in Islamabad. I know that he has seen the letter that went to the Prime Minister, which I signed along with other colleagues. What is the plan to get those 2,000 ARAP-entitled Afghans into settled accommodation?
The hon. Member knows that this has been a long-standing concern of mine, both before Government and in Government. My area of specific responsibility in terms of getting people here and into hotels and accommodation has been completed. That is a Home Office area, and I have not had discussions on it so far, but everybody is aware of our commitment to the people who served in Afghanistan, and the Government will follow through on their commitment to those people.
(2 years, 3 months ago)
Commons ChamberMy right hon. Friend will appreciate that, as the Minister for Science, Research and Innovation, I cannot comment on Home Office plans to deal with refugees, but I can pay tribute to the work of Scampton Holdings Ltd and the very innovative proposal for the regeneration of that site with a whole raft of facilities, including in innovation support. I very much look forward to coming up in due course, once the refugee issue is sorted, to support him in taking that forward.
Metro Mayors have an important role to play in driving innovation in the regions. Can the Minister give an assurance that he will work closely with them?
Yes, I am absolutely delighted to do so. The Metro Mayors are key parts of our innovation ecosystem, and the three innovation accelerators that have we put in place are fundamentally co-created and led from the bottom up in Glasgow, Manchester and the west midlands. I am actively reaching out to work with the Metro Mayors, as well as with devolved Science Ministers, on extending our science investment to unify all regions of this country and strengthen those urban economies.
(2 years, 6 months ago)
Commons ChamberI have a very clear remit in this space, which is to deal with Afghans who are in hotels and get this pathway opened up. Clearly, we want to see through our responsibilities. Whatever has happened in Afghanistan is for the FCDO to comment on; everybody knows my views, which remain unchanged. We need to deal with the challenge as we find it now, which is far too many people in hotels and the blocking-up of that pathway. We are determined to make sure there is a professional, clear pipeline that people can use to get out of Afghanistan and into the UK, where we owe them a duty.
The Minister well understands the deep bond of friendship that exists between those who served and the Afghans we fought alongside, but he will also recognise that there have been very long-standing concerns from Members on both sides of the House about the processes that underpin both ARAP and ACRS. I have recently received reports of families approved under ARAP who are stuck in Islamabad, and are now being told that they are going to have to source their own accommodation in order to be able to get here.
The focus of the statement from the Minister so far has been on Afghans who are already here in the country, so can I ask him to say a bit more about the process for future arrivals? In particular, can he give an assurance that no one who is currently in Afghanistan or Pakistan who is either accepted by, or is eligible for, ARAP will be disadvantaged as a consequence of the policy announcement being made today?
Nobody who is in Afghanistan who is accepted by, or is eligible for, ARAP or ACRS will be disadvantaged as a result of what we are doing today. The situation in Pakistan, where we have over 1,000 people in hotels waiting to get to the UK, is clearly and demonstrably unacceptable. The challenge is that we cannot do anything about that if we have people in hotels in this country who have been offered accommodation and should have taken that accommodation, but are still residing in hotels, not allowing us to unblock that pipeline.
The hon. Gentleman knows my commitment on this issue, and I want to work with everybody on all sides of the House. I know that this Government have made commitments on this issue, but it is not an inter-party political issue: it is the nation’s duty to this cohort of Afghans who kept a lot of our constituents alive during the fight in Afghanistan. I urge all colleagues to work together to make sure that we can build that pipeline and honour our commitments to the people of that country.
(2 years, 6 months ago)
Commons ChamberThe Minister and I have worked closely together supporting foreign and Commonwealth soldiers and veterans, so I wonder if he shares my concern about the case of Vilikesa Tubuitamana. He proudly served for 18 years, including two tours of Afghanistan and two tours of Iraq, but sadly his service resulted in severe PTSD. He was honourably discharged on medical grounds and awarded £46,000 to help fund his medical needs and a new life. Shockingly, however, it appears that the Ministry of Defence has used the money awarded for his PTSD to settle an administrative mix-up, leaving him—a father of three—penniless. Will the Minister have a look and see what can be done to support him?
Of course. Clearly, I am not a Minister in the Ministry of Defence, but I raised this formally with the Minister for Defence People, Veterans and Service Families earlier this week. I am aware of that case. I totally accept that there are individual cases where the results are not in keeping with making this country the best in the world to be a veteran. That is why I thank the hon. Gentleman for raising that case. There is a deficit when it comes to looking after our foreign and Commonwealth personnel, particularly veterans, in this country. He has done great work on this over many years in highlighting their cases, and I hope the sunlight we can bring to this case can bring us to a fair resolution.
I hope that the hon. Gentleman would appreciate that, given the sheer volume of European legislation that we accumulated during our membership, we have to move rapidly to establish sovereign control. That is why we have the provisions in that Bill. The provisions of the Bill have been approved by this House and are currently under consideration in the other place, so Members have had ample opportunity to make their views known and to vote on it.
The Veterans’ Minister and I recently met the hero, Ben Parkinson. I was certainly concerned to hear that there was not provision within the system to cover the cost of Ben’s wheelchair. Could the Minister say whether provision was made in yesterday’s Budget to cover those costs, and if so, will he take the opportunity to pay tribute to Ben and his family for their persistence in making the case?
The hon. Gentleman is referring to the veterans mobility fund. He is absolutely right: none of these individuals with these catastrophic injuries should be contributing anything to their specialist mobility equipment. That is why, yesterday, we managed to reinstate the veterans mobility fund, and I pay tribute to Ben and his family for their campaigning on that issue. It is an important piece of work, and we will make sure we see it through.
(2 years, 7 months ago)
Commons ChamberOf course, and I pay tribute to my hon. Friend for his persistent work and campaigning on this issue over many years. This country has some phenomenal charities that work night and day to look after our veterans. Op Courage, which was established in 2019, has formalised that pathway for the first time, and any charity and service can bid in to run different parts of it. That is why it has been an incredibly successful programme. I am more than happy to visit his constituency at a time when we can make it work.
One way in which we can support veterans’ mental health is to ensure that they transition into meaningful employment that allows them to use the highly transferable skills that they bring from the service. Has the Minister had time to look at what is happening in the US, where they are counting the number of veterans in big companies, and does he think that we could or should do that here?
The hon. Gentleman is absolutely right that there has been brilliant work in that space. Last week, I visited Barclays, which is the first company in this country to count how many veterans it employs. It is important that companies go beyond rubber-stamping paperwork about what it is like to be a veteran in those companies. They need to mark how many veterans work for them and the ease and equity of access to employment. Some great work is being done in the States, and I am always looking to improve the offer over here.
It is a pleasure to take it, Mr Speaker. I thank my right hon. Friend for his question. He referred to the rapid response unit; what it was doing during the course of the pandemic was entirely sensible—trawling the whole of what is available publicly on social media to make certain we as the Government could identify areas of concern particularly regarding disinformation so that correct information could be placed into the public domain to reassure the public. I think that was an entirely reasonable and appropriate thing to do. I do not know about the specifics that my right hon. Friend asks about; I would rather not answer at the Dispatch Box, but my right hon. Friend has asked me to write to him and I certainly will.
The hon. Gentleman will be aware that there are conventions that govern lists submitted by former Prime Ministers; they are not for direct decision by current Ministers.