Debates between Freddie van Mierlo and Bradley Thomas during the 2024 Parliament

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

Debate between Freddie van Mierlo and Bradley Thomas
Freddie van Mierlo Portrait Freddie van Mierlo
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I beg to move, That the clause be read a Second time.

The new clause would place a statutory duty on the Secretary of State to establish a support service dedicated to improving the resilience of small and medium-sized enterprises and, crucially, to provide them with assistance when the worst happens. SMEs are the backbone of our economy. Their growth and continue operation are essential to a strong economy. We heard evidence that even large corporations find it hard to justify the investment in cyber-security and resilience when faced with competing priorities and investment needs. It forms the rationale of the Bill putting this need on a statutory footing, but small and medium-sized businesses undoubtedly find it even harder to make the investments required in cyber-security.

I know from having worked in SMEs at the start of my career that companies experience growing pains and need support in navigating complex statutory requirements. It is not just support for SMEs before an attack takes place that the clause would provide for, but also after. For SMEs, a cyber-attack is not just a disruption; it can be an existential threat to their existence. The clause would ensure that when an SME is hit, they have access to the support they need.

Bradley Thomas Portrait Bradley Thomas
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Given that the threshold for a significant impact event will likely be much lower for an SME than for a larger corporation, and while acknowledging and agreeing that SMEs are the backbone of the economy and make up the vast majority of companies that employ people in this country, how does the hon. Gentleman propose to strike the relevant balance between ensuring that SMEs are supported, and at the same time that they are not inundated and overwhelmed as a result of that significant impact threshold likely being much lower for SMEs?

Freddie van Mierlo Portrait Freddie van Mierlo
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The thresholds have been set out in the new clause. Australia already provides support for small businesses during and after attacks. The clause would simply bring the UK up to speed with international partners, ensuring our businesses are not at a competitive disadvantage on cyber-security support. If Australia can support its SMEs, why can we not? It is only fair that if we are increasing the regulatory burden, the Government provide the support required to navigate it. I will press the new clause to a vote.

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

Debate between Freddie van Mierlo and Bradley Thomas
Bradley Thomas Portrait Bradley Thomas
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Q Two questions: first, for a bit of context, could the witnesses give us an idea of the objectives of cyber-attacks? Are we seeing objectives based around disruption or around extortion, either monetary or for intellectual property? Perhaps we could have a perspective on whether that differs depending on the origin of the organisation conducting the cyber-attack. Secondly, around the reporting model, is there a view on whether the model proposed in the Bill is beneficial, and whether it risks a fragmented approach, particularly if companies operate in a sector that is regulated under the jurisdiction of two regulators? Do you think that a more universal, singular reporting model would be beneficial in ensuring as strong a response as possible?

Dr Sanjana Mehta: May I weigh in on the second question first? It is good to note that the definition of reportable incident has expanded in the current legislation. One of the concerns that the post-implementation reviews had from the previous regulatory regime was that the regulated entities were under-reporting. We note that the Bill has now expanded the definition to include incidents that could have an adverse impact on the security and operations of network and information systems, in addition to those incidents that are having or have had a negative impact.

While that is clear on the one hand—some factors have been provided, such as the number of customers affected, the geographical reach and the duration of the incident—what is not clear at the moment is the thresholds linked with those factors. In the absence of those thresholds, our concern is that regulated entities may be tempted to over-report rather than under-report, thereby creating more demand on the efforts of the regulators.

We must think about regulatory capacity to deal with all the reports that come through to them, and to understand what might be the trade-offs on the regulated entities, particularly if an entity is regulated by more than one competent authority. For those entities, it would mean reporting to multiple authorities. For organisations that are small or medium-sized enterprises, there is a real concern that the trade-offs may result in procedural compliance over genuine cyber-security and resilience. We call on the Government for immediate clarification of the thresholds linked to those factors.

Jill Broom: I would like to come in on that point. Our members would agree with it. Companies need to be clear about what needs to be reported, when it needs to be reported and where they need to report it. A bit of clarity is required on that, certainly around definitions. As Sanjana said, it is good to see that the definition is expanding, but definitions such as “capable of having” a significant impact remain unclear for industry. Therefore, we need a bit more clarity, because again, it means that we could risk capturing absolutely everything that is out there, and we really want to focus on: what is most important that we need to be aware of? Determining materiality is essential before making any report.

In terms of the where and the how, we are also in favour of a single reporting platform, because that reduces friction around the process, and it allows businesses, ultimately, to know exactly where they are going. They do not need to report here for one regulator and there for another. It is a streamlined process, and it makes the regime as easy as possible to deal with, so it helps incentivise people to act upon it.

I have another point to add about the sequencing of alignment with other potential regulation. We know that, for example, the Government’s ransomware proposals include incident-reporting requirements, and they are expected to come via a different legislative vehicle. We need to be careful not to add any additional layers of complexity or other user journeys into an already complex landscape.

Freddie van Mierlo Portrait Freddie van Mierlo
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Q I have two questions: one to Jill and one to Dr Mehta. First, what is your view, Jill, on the relative strength of this legislation, compared to what is coming forward in the EU? Do you think that the fact that we are not following the EU will make it harder for your members to interact and trade with individuals and companies in Europe?

Secondly, Dr Mehta, you spoke earlier about what is not in scope in this legislation. I am particularly interested in the fact that local government is not included in it, because it has a critical role in electoral services and in local and national democracy. What do you think are the threats from leaving local government out of scope?

Jill Broom: I think that generally, our members would always call for alignment, where possible, in any kind of legislation that spans the geographies. But we understand that the Bill focuses on a particular sector—the critical national infrastructure in the UK—and we welcome the intent of it.

Dr Sanjana Mehta: On sectoral scope, with the way that the Bill is currently drafted, there is obviously flexibility to introduce new sectors, and to bring in more provisions and guidance through secondary legislation and additional guidance. That being said, our recommendation is certainly to expand the sectoral scope at this stage by bringing in public administration.

There are a number of key reasons for that. First, public administration needs to be role model of good cyber-security to the rest of the economy. I think it was the 2025 state of digital government review that pointed out that the risk of cyber-attacks on Government is critical. You mentioned local government, but there are also central Government Departments that hold and process vast amounts of personal and sensitive information; I think, for example, DWP administered £288 billion of benefits over the past year. More than 23 million people claimed some sort of benefits from DWP and, in responding to those claims, DWP must have processed huge amounts of very sensitive medical and financial information on individuals. We think it is an omission to leave it out, and we recommend that the Government consider bringing it into scope.