Investment Security Unit: Scrutiny

John Hayes Excerpts

Thursday 23rd March 2023 Commons Chamber

[Darren Jones]

There is an interesting question there, to which none of us knows the answer: how routine will it be for us to have to look at either commercially sensitive or national security-sensitive information about individual transactions? From our study visit to the United States, it seemed that most of the transactions were operationalised, and had not become political or been escalated to a committee level, because the issues were seen to be sensible, small or below de minimis thresholds.

There will be examples where there is more political interest in a particular transaction. In the past year, for example, where the 2021 Act has been operational, the vast majority of the notifications that my Committee has received have not warranted our having to look at the national security information. For some cases, such as Newport Wafer Fab, the industrial implications of that decision will warrant our looking at that information in more detail. Under this memorandum of understanding, we will request that information when we are permitted to do so—after the period of judicial review and appeal has closed—so that we may understand whether the Act is being used in the way it is supposed to be used, without deterring investment in the interests of workers and business in this country.

The right hon. and learned Gentleman refers to staff. As I said in my statement, the House has kindly provided the Committee with additional staff, who are national security specialists and have a range of security clearances. In the MOU, there are procedures and processes for the handling, holding, storage and use of information, both between my Committee and my Clerks, but also where necessary within Government facilities.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Just to endorse the comments of my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), I know that the hon. Member for Bristol North West (Darren Jones) has behaved in an admirably collegiate manner throughout. On the issue of exceptional access to highly sensitive information, the MOU makes clear that members of the Committee may have sight of that information, but they will not be able to retain it or analyse it, and the Committee will not have staff who can keep that information, report back on it and advise the Committee’s members once they have been able to analyse it. That is in contrast to the ISC, is it not, which has all those things. Is that really appropriate? How does he feel he will navigate that paradox?