Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting)

Debate between David Chadwick and Kanishka Narayan
David Chadwick Portrait David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)
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In our previous sitting, the hon. Member for Runnymede and Weybridge set out clearly the cyber-threat posed by China, and argued that, through new clause 2, China should be explicitly recognised as a foreign power presenting a significant risk to the United Kingdom. He rightly highlighted the precedent in UK legislation for maintaining registers of hostile or high-risk state actors to protect national security. I agree that Parliament should be unequivocal in recognising the Chinese Communist party as a strategic cyber-threat, particularly given evidence of state-linked cyber-espionage, infrastructure compromise and the targeting of critical national infrastructure.

We have seen data from the Cabinet Office last week indicating that the Government plan to drastically reduce the integrated security fund spending on domestic cyber and tech to counter cyber-attacks. It will be cut from £113.3 million to £95 million by 2028-29, which is a reduction of 16%. Domestic spending to counter Russian threats in the same period will incur a drop of more than 20%. Those reductions leave us dangerously exposed and are in direct opposition to the Government’s promises to support the UK’s national security priorities. New clause 2 offers the chance to identify and monitor state actors that pose a threat to UK cyber-security.

The register must also reflect the evolving nature of cyber-risk. Threats do not arise solely from formally hostile states, but also from jurisdictions where hostile cyber-actors operate at scale, using digital infrastructure to target UK systems and citizens. We have seen that in countries such as India and Nigeria, where organised cyber-criminal networks have run sophisticated international operations against the UK, exploiting cloud services and telecommunications infrastructure. In India, law enforcement has dismantled major cyber-crime hubs linked to international targeting, including operations specifically affecting large numbers of British victims.

In 2025, the National Crime Agency worked in partnership with India’s Central Bureau of Investigation to raid an organised crime group in Uttar Pradesh, which had targeted more than 100 UK citizens with pop-ups stating that their devices had been compromised, losing them more than £390,000. That is not only an unacceptable financial loss for our citizens, but a significant waste of resources. In Nigeria, long-established cyber-criminal networks continue to conduct large-scale digital fraud campaigns aimed at overseas targets including the United Kingdom. Interpol’s Operation Serengeti in 2025 tackled high-impact cyber-crimes in Nigeria and 17 other nations, arresting 1,209 suspects and recovering nearly $100 million that had been stolen through cyber-fraud.

Although these states might not be hostile in a geopolitical sense, hostile cyber-actors operating within their borders are none the less inflicting sustained harm and placing heavy burdens on our cyber-defence and law enforcement resources. I support the aims of new clause 2, but urge Ministers to ensure that the framework is flexible enough to capture not only hostile states but jurisdictions that consistently serve as bases for large-scale hostile cyber-activity. Data from the Cabinet Office shows that integrated security fund spending on Russia is set to fall over 20% between 2026 and 2029, which shows that the Government are not taking threats from Russia, or other hostile nations, seriously enough.

Kanishka Narayan Portrait Kanishka Narayan
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It is a pleasure to serve with you in the Chair, Ms McVey.

I thank the shadow Minister, the hon. Member for Runnymede and Weybridge, for the new clauses in his name, which would require the Secretary of State to create a register of foreign powers that pose a threat to UK cyber-security, to review that register, and to lay a report before Parliament. This is intended to inform the use of powers granted under part 4 of the Bill. I empathise with the shadow Minister’s concerns that hostile foreign actors could target the network and information systems of operators of essential services or critical supplies. That is a clear risk, and one that we are addressing through the Bill.

As drafted, the Bill grants the Secretary of State new powers to issue national security directions to regulated entities or regulators where their compromise poses a national security risk. So long as those tests are met, the powers may be used by the Secretary of State irrespective of the actor that is causing the national security incident or threat.

New clause 2 would require the creation of a register of foreign states that pose a risk to the UK based on GCHQ advice. I reassure the shadow Minister that regardless of the proposed new clause, any decision to use the powers in this part of the Bill will be informed by expert national security advice from GCHQ. As a result, it is unclear what additional support the proposed register would provide to the Secretary of State when, for example, deciding whether to issue a direction to a regulated entity.

Additionally, the report required by new clause 3 would effectively be a list of the vulnerabilities of the network and information systems of our essential services, and would therefore be an asset to malicious actors. That would be counterproductive to national security. The new clause would allow the Secretary of State not to publish part or all of the report, if publishing would be contrary to the interests of national security. However, it is unclear how even part of the report could be published without harming national security, given its intended content.

Drafting a report of vulnerabilities that cannot be disclosed to Parliament without harming national security would simply duplicate existing assessments, and run the risk of distracting Government from more effective measures to protect from hostile foreign actors. That is not to say that we shirk transparency about these kinds of risk. The Government are already able to communicate with Parliament and the public about such cyber-security risks where it is appropriate to do so, through things such as the National Cyber Security Centre’s annual report and advisories. I therefore kindly ask that the shadow Minister withdraw the new clause.

I thank the hon. Member for Henley and Thame for the Liberal Democrat new clauses in his name, which would require the Secretary of State to publish a statement of how the Government intend to address risks posed by foreign actors to UK network and information systems, and to assess how many entities regulated by the NIS regime are owned in part or in full by foreign states.

Let me reassure the hon. Member that the Government take the risks posed by foreign interference seriously. The NCSC’s annual reviews continue to highlight cyber-risks to the UK from foreign actors, as well as measures to mitigate those risks. We have robust processes for assessing such threats, drawing on the expertise of the intelligence community, including the National Cyber Security Centre and the National Protective Security Authority.

The measures introduced by the Bill will boost the security and resilience of network and information systems across essential services, managed services and relevant digital services, protecting them from the risks of foreign interference. Where that is not enough, the Bill provides a backstop: the new direction powers in the Bill will enable the Government to protect our critical services from exactly those kinds of national security risks. We will be able to require a regulated entity to undertake any action that is necessary and proportionate for national security in response to the threat of a compromise. Conducting assessments of the ownership structures of the many thousands of in-scope entities within six months would be disproportionately resource intensive, distracting Government from more effective measures to protect our services.

Publishing a review identifying national security risks caused by foreign state ownership, or assessing whether our powers are adequate, as the Opposition’s new clause 3 would require, would provide valuable insight to our adversaries. As I have previously set out, there is a clear pathway for Government to communicate with Parliament and the public about such cyber-risks where it is appropriate to do so, but where we identify specific concerns, it is right that we retain the ability to assess and respond without disclosing our conclusions to those who might exploit them.

Finally, it is worth pointing out that, as drafted, new clause 13 is not aligned with the intended scope of the Bill. The Bill is solely concerned with entities that are currently, or could one day be, regulated under the NIS regulations. This new clause would require a statement on the risks posed to all UK network and information systems, which is a significant broadening of the scope of NIS-regulated entities and sectors. Similarly, the focus on Government procurement seems outside that scope, given that Government network and information systems are not wholly regulated by the Bill. For those reasons, I ask that the hon. Member for Henley and Thame kindly consider not pressing his amendment.

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David Chadwick Portrait David Chadwick
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Is the Minister aware that the financial services industry is required to conduct regular testing of its systems, and that sectors like aviation and nuclear have designated individuals in their security organisations who are responsible for overseeing those sorts of practices?

Kanishka Narayan Portrait Kanishka Narayan
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I thank the hon. Member for his point. I am also aware that the National Cyber Security Centre’s cyber assessment framework has very specific measures on appropriate testing as well. It already exists, and we want to make sure that it is an important part of specific security and resilience requirements in secondary legislation.

It is crucial that industry is consulted on the nature of any requirements related to testing. As mentioned, we intend to consult on the proposals later in the year. We will also issue a statement of strategic priorities for regulators, and will explore whether that is an appropriate vehicle for driving consistency in the behaviours of regulators in respect of their approach to testing for their sector.

Overall, any approach to going further on proportionate and regular testing must be developed alongside the full set of security and resilience requirements, and co-ordinated and communicated with a wider package of implementing measures. That will allow the impact of options to be assessed, and provide the industry with clarity on the overall approach, including how the components fit together.

The shadow Minister asked about the consideration of NIS2 requirements. We have looked at NIS2 provisions, and variability in member states’ implementation of it, as part of a wider set of considerations on which we will be consulting regarding secondary legislation on governance.

My hon. Friend the Member for Milton Keynes Central made an incredibly important point about security by design, which I very much take into account. The Government Digital Service is already working on a secure by design standard. We want to make sure that it is as robust as possible, and extend it across not just the public sector but parts of the private sector. I will make sure that security by design remains at the heart of the Government’s cyber action plan, as well as that of the private sector.

Kanishka Narayan Portrait Kanishka Narayan
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My hon. Friend has extensive expertise, from which I benefit extensively. I will be keen to make sure that the Government Digital Service does so too.

In the light of those commitments, I kindly ask the hon. Member for Brecon, Radnor and Cwm Tawe not to press the new clauses.

David Chadwick Portrait David Chadwick
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During the evidence sessions, numerous very knowledgeable witnesses called for these new clauses, so I will push them both to a vote.

Question put, That the clause be read a Second time.

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David Chadwick Portrait David Chadwick
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Will the Minister clarify what he thinks ethical vulnerability research actually constitutes?

Kanishka Narayan Portrait Kanishka Narayan
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Sure. I would not wish to define it technically, but my understanding is that it is research aimed at ethical hacking. It is effectively trying to find vulnerabilities through simulated attack systems, which can broaden our understanding of risks and vulnerabilities and allow us to mitigate them accordingly.

I return to new clause 19. Limiting a defence to just the sectors covered by the NIS regime would be impractical; any proposal for a workable defence needs to be broad enough to apply across the economy. That is why we are making sure that, through the Home Office, we are working as promptly as possible to ensure a proposal that is strong in its safeguards to prevent misuse. Engagement, including with the cyber-security industry, is already under way to refine our approach.

Cyber Security and Resilience (Network and Information Systems) Bill (Sixth sitting)

Debate between David Chadwick and Kanishka Narayan
Kanishka Narayan Portrait Kanishka Narayan
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I agree with the shadow Minister. The Bill’s focus is on the assessment of compliance with ultimate security duties. The codes of practice will set out approaches to do so, but they will not be the only approaches. I would be happy to write to the shadow Minister and the Committee on the particular legal interpretation, and any relevant case law that might apply.

Question put and agreed to.

Clause 36 accordingly ordered to stand part of the Bill.

Clauses 37 to 39 ordered to stand part of the Bill.

Clause 40

Report on network and information systems legislation

David Chadwick Portrait David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)
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I beg to move amendment 26, in clause 40, page 63, line 7, leave out “5” and insert “3”.

This amendment would increase the frequency of the reports that must be published under Clause 40, from every five years to every three years.

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Kanishka Narayan Portrait Kanishka Narayan
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On the broader point about application to the devolved Administrations, changes in UK legislation may indeed need to be reflected in devolved legislation, such as where it refers to and references the name of UK legislation. In those contexts, it is important that consequential provision can be made to ensure coherence. We will continue to engage with our devolved colleagues on the implementation. I am very happy to write to the hon. Gentleman and the Committee, particularly on the Northern Ireland point.

Question put and agreed to.

Clause 41 accordingly ordered to stand part of the Bill.

Clause 42 ordered to stand part of the Bill.

Clause 43

Directions to regulated persons

David Chadwick Portrait David Chadwick
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I beg to move amendment 27, in clause 43, page 66, line 11, at end insert—

“(fa) a requirement to remove, disable or modify hardware, software or other facilities;”

This amendment would enable the Secretary of State to issue directions to remove, disable or modify hardware, software or other facilities for national security purposes.

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Kanishka Narayan Portrait Kanishka Narayan
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I could not judge a specific situation but, broadly speaking, that is the sort of situation, especially if it is an NIS-regulated entity, and in particular where the exercise of the power is focused on the entity’s network and information systems, that I would expect to come in scope of the powers specified here.

Under clause 44, a direction can be issued only when necessary for national security. It is possible that, in some circumstances, what is needed to protect UK national security could conflict with standard regulatory duties. For example, a direction might relate to a particularly sensitive national security risk, where only those involved in addressing the risk should be aware of it. That is to minimise the risk of hostile actors becoming aware of a vulnerability. A direction could therefore require an entity not to report that national security risk for the period in which the risk was being remedied. They may ordinarily have had to report that national security risk to comply with standard reporting requirements. The clause will resolve that conflict and provide certainty to recipients of directions about what they must do to ensure that the national security risks in a direction are addressed.

David Chadwick Portrait David Chadwick
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Given the reassurances from the Minister, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 43 ordered to stand part of the Bill.

Clause 44 ordered to stand part of the Bill.

Clause 45

Monitoring by regulatory authorities

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

Cyber Security and Resilience (Network and Information Systems) Bill (Third sitting)

Debate between David Chadwick and Kanishka Narayan
Kanishka Narayan Portrait Kanishka Narayan
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On that important point, which the hon. Member for Bognor Regis and Littlehampton also raised, the changes to the definition came about in part through extensive engagement, and in particular by ensuring that the attributes of “elastic” and “scalable” were treated individually rather than jointly and that “shareable”—the ability to have multi-tenants and therefore be a genuine cloud computing service for multiple clients—was considered in scope. As I mentioned to the hon. Member for Bognor Regis and Littlehampton, it is important that we keep this under review, and part of the reason for the secondary powers in the Bill is to make sure it remains both specific, giving clarity and certainty, and flexible at the same time.

David Chadwick Portrait David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)
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Currently, the law requires regulated persons to manage risks to the security of their systems. Amendment 28, tabled by the Liberal Democrats, explicitly inserts “risks arising from fraud” into that duty. It would make it clear that a system cannot be considered secure if it is easily exploited by scammers.

Fraud should be considered a national security issue, and there is clearly a relationship between fraud and cyber-security. Scammers across the world are targeting British citizens. Elderly fraud victims in Dyfed-Powys lose £7,900 a day to a tidal wave of scams perpetrated by scammers from many countries across the world, notably Nigeria. UK-wide, in the first half of 2025 alone, criminals stole over £600 million through scams. Surely, we cannot pass a cyber-security and resilience Bill—

Cyber Security and Resilience (Network and Information Systems) Bill (Second sitting)

Debate between David Chadwick and Kanishka Narayan
David Chadwick Portrait David Chadwick
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Q Thank you for joining us. You mentioned frauds. It is a fact that criminals across the world are targeting British citizens every day. In Dyfed-Powys, over £500,000 was lost to online fraud in 2023-24, and elderly victims are losing £7,900 a day to fraud. Clearly, these attacks are coming from all over the world. Interpol recently arrested over 800 members of a global criminal network based in Nigeria. From your perspective, how effectively are UK police forces currently able to work with international partners to investigate and prosecute overseas criminals? What additional support from the Government would most improve your ability to mitigate online fraud from overseas?

DCS Andrew Gould: That is a really good question. The international jurisdiction challenge for us is huge. We know that is where most of the volumes are driven from, and obviously we do not have the powers to just go over and get hold of the people we would necessarily want to. You will not be surprised to hear that it really varies between jurisdictions. Some are a lot more keen to address some of the threats emanating from their countries than others. More countries are starting to treat this as more of a priority, but it can take years to investigate an organised crime group or a network, and it takes them seconds to commit the crime. It is a huge challenge.

There are two things that we could do more of better—these are things that are in train already. If you think about the wealth of cyber-crime, online fraud and so on, all the data, and a lot of the skills and expertise to tackle that sit within the private sector, whereas in law enforcement, we have the law enforcement powers to take action to address some of it.

With a recent pilot in the City funded by the Home Office, we have started to move beyond our traditional private sector partnerships. We are working with key existing partners—blockchain analytic companies or open-source intelligence companies—and we are effectively in an openly commercial relationship; we are paying them to undertake operational activity on our behalf. We are saying, “Company a, b or c, we want you to identify UK-based cyber-criminals, online fraudsters, money-laundering and opportunities for crypto-seizure under the Proceeds of Crime Act 2002”. They have the global datasets and the bigger picture; we have only a small piece of the puzzle. By working with them jointly on operations, they might bring a number of targets for us, and we can then develop that into operational activity using some of the other tools and techniques that we have.

It is quite early days with that pilot, but the first investigation we did down in the south-east resulted in a seizure of about £40 million-worth of cryptocurrency. That is off a commercial contract that cost us a couple of hundred grand. There is potential for return on investment and impact as we scale it up. It is a capability that you can point at any area of online threat, not just cyber-crime and fraud, so there are some huge opportunities for it to really start to impact at scale.

One of the other things we do in a much more automated and technical way—again funded by the Home Office—is the replacement of the Action Fraud system with the new Report Fraud system. That will, over the next year or so, start to ingest a lot of private sector datasets from financial institutions, open-source intelligence companies and the like, so we will have a much broader understanding of all those threats and we will also be able to engage in takedowns and disruptions in an automated way at scale, working with a lot of the communication service providers, banks and others.

Instead of the traditional manual way we have always been doing a lot of that protection, we can, through partnerships, start doing it in a much more automated and effective way at scale. Over time, we will be able to design out and remove a lot of the volume you see impacting the UK public now. That is certainly the plan.

Kanishka Narayan Portrait The Parliamentary Under-Secretary of State for Science, Innovation and Technology (Kanishka Narayan)
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Q One of the things that we have heard over the course of the day is that the Bill is just one of a range of different ways in which public authorities engage with companies on cyber-security and resilience. I am interested in hearing about the impact the Police CyberAlarm programme has had on the cyber-security and resilience of organisations. What would you like to see going forward?

DCS Andrew Gould: I love the fact that you have heard of it. One of the things that we struggle with is promoting a lot of these initiatives. Successive Governments actually deserve a lot of credit for the range of services that are provided. We aspire to be a global cyber-power, and in many ways we are. When you look at the range of services, tools, advice and guidance that organisations or the public can get, there is quite a positive story to tell there. I think we struggle to bring that into one single narrative and promote it, which is a real challenge. People just do not know that those services are there.

For those who are not familiar with Police CyberAlarm, it is a Home Office-funded policing tool focused on small and medium-sized organisations that probably do not have the skills or understanding to protect themselves as effectively. They can download that piece of software, and it will sit on their external networks and monitor for attacks. For the first time, it helps us in policing to build a domestic threat picture for small and medium-sized organisations, because everybody has a different piece of the puzzle. GCHQ has great insight into what is coming into the UK infrastructure, but it obviously cannot monitor domestically. Big organisations that provide cyber-security services and monitoring know what is impacting their clients or their organisation, but not everybody else. At policing, we get what is reported, which is a tiny piece of the puzzle. So everyone has a different bit of the jigsaw, and none of it fits together, and, even if it did, there would still be gaps. For SMEs, that is a particular gap.

For us, we get the threat intelligence to drive our operational activity, which has been quite successful for us. The benefit for member organisations—we are up to about 12,000 organisations at the moment, which are mostly schools, because we know that they are the most vulnerable to attack for a variety of reasons—is that, having the free tool available, it can do the monthly vulnerability scans and assessments. So they are getting a report from the police that tells them what they need to fix and what they need to patch.

We do not publicly offer a lifetime monitoring service, because we would not want the liability and responsibility, and we do not have the infrastructure to run that scale of security operation centre. But, in effect, that is actually what we have been doing for a long time—maybe not 24/7, but most of the time—because we have been able to identify precursor activity to ransomware attacks on schools or other organisations, and have been able to step in and prevent it from happening. There have been instances where officers have literally got in cars and gone on a blue light to organisations to say, “You need to shut some stuff off now, because you are about to lose control of your whole organisation.”

To that extent, it has been really impactful, but the challenge for us is how to scale. How do you scale so that people understand that it is there? How do you make it easier for organisations to install? That is one of the things that we are working on at the moment, so that everybody can benefit from the scans and the threat reporting, and we can benefit from a bigger understanding of what is going on.

The flip side of the SME offer from our point of view is our cyber-resilience centres. By working with some of the top student talent in the country, we can scale to offer our member organisations across the country the latest advice and guidance, help them understand what the NCSC advice and guidance is, and then help them to get the right level of security policies, patch their systems and all that kind of thing. It helps them to take the first steps on their cyber-resilience journey, and hopefully be more mature consumers of cyber-security industry services going forward. We are helping to create a market for growth, but also helping those organisations to understand their specific vulnerabilities and improve from a very base level.