Read Bill Ministerial Extracts
National Security (State Threats) Bill Debate
Full Debate: Read Full DebateJohn McDonnell
Main Page: John McDonnell (Labour - Hayes and Harlington)Department Debates - View all John McDonnell's debates with the Cabinet Office
(1 month, 1 week ago)
Commons ChamberI declare an interest that I chair, and have done for about five years, a group called Solidarity with the Iranian Workers’ Movement Committee. We formed officially about five years ago and have been working for about 10 or 15 years. It is a group of Iranian refugees and trade unionists in this country, and we have tried to provide solidarity and campaign on human rights issues, focused on trade unionists in Iran. We started informally around the Tehran bus workers’ dispute, if people can remember that taking place, because a lot of the trade unionists we worked with were subsequently arrested and detained, and some were executed. That brought us together in solidarity.
On new clause 3, we have been raising time and again the proscription of the IRGC and have expressed our disappointment at the lack of action by the Government. I understand why the legislation is brought forward, and I hope that it will be brought through effectively and with the impact that we want, particularly on that organisation. Members will remember that we worked with the National Union of Journalists. In this country, the IRGC targeted journalists in particular, and a broadcasting station in Chiswick had to depart and operate from New York for a period.
Although I support the intentions of the legislation, may I also express my reservations about it? I have been in this place long enough to have experience of legislation that has come through not with undue haste, but with haste, and it is in that legislation that we usually make mistakes because we have not taken into account others’ views about the impacts. What worried me was that the explanatory notes—the Secretary of State asked us to look at them in some detail—made clear:
“Given the pace at which this legislation was developed, outside groups have not been engaged on the specifics in the Bill.”
A range of organisations are now expressing concern, such as the Red Cross, and that worries me. That is why rushing a Bill through in one day is precipitous. I am worried that as a result of that, we will legislate poorly. When I say “poorly”, I am referring to incursions on people’s rights; I do not mean the right to in any way defend the organisations or states that many hon. Members referred to on Second Reading, but people’s right to express solidarity with some organisations or even countries in struggle, which we have had in the past.
To cite an example, I am a member of the Cuba Solidarity Campaign. Trump is now targeting Cuba and has designated it as a terrorist state. Under the Government’s proposals, for an organisation to be designated there are two factors, which were set out on Second Reading. First, a body has to have been
“involved in foreign power threat activity”,
as set out in proposed new section 33A of the National Security Act 2023 and in the Bill’s explanatory notes. One of those activities is foreign interference in elections. Secondly, the Secretary of State may designate a body if they believe that
“is necessary to protect the safety or interests of the United Kingdom.”
In the coming months, even until the next general election if necessary, I will be working in solidarity, through the Cuba Solidarity Campaign, with the current Cuban Government. I will be working to influence that election to ensure that a Government are elected that prevent the hostile attack by the US on Cuba, so that will be seen as foreign interference in an election.
The right hon. Gentleman references Cuba in the context of this legislation. The United States has elections—whether they elect the right president or not, is a matter for the Americans—but the Cuban people do not have that luxury. On direct or indirect threats to the United Kingdom’s interests—this is indirect threat—he will know that many Cuban nationals have been sent to Ukraine to fight in Russia’s illegal war. They are killing Ukrainian soldiers and aiding and abetting the bombing of civilians. Putin is losing, but if he did win, Cuba would have been aiding a regime that is not in our national security interest.
Well, QED. There we have it. Under the Bill, as members of the Cuba Solidarity Campaign, I and many other hon. Members will be committing an offence—
I have a great deal of respect for my right hon. Friend, as he knows, but in order for that to be the case, this Government would have to decide to designate the Cuba Solidarity Campaign. Obviously I cannot talk about what may or may not be designated should the Bill get on the statute book, but I think he is winding himself up into a bit of a tight knot.
I am grateful for the Minister’s consideration of my mental health, et cetera. The designation covers “foreign interference in elections” and we will be campaigning to maintain solidarity with Cuba itself. On the second designation—
“is necessary to protect the safety or interests of the United Kingdom”—
in our current trade negotiations with the United States, we are taking decisions about the “interests” of the UK as interpreted by the US. So I do not think it is an exaggeration to say that when we introduce such legislation, we must discern what could be the worst that could happen and how could it go wrong? We are opening up an opportunity for things to go wrong. I am sure that my right hon. Friend the Home Secretary would not designate the Cuba Solidarity Campaign, but in a certain situation, certain Administrations would. By not including sufficient protections in the legislation we are, unwittingly, opening the door to its being used to designate organisations, and therefore individuals, as breaking the law, with significant penalties imposed. That is why the rush to legislation is my concern. If we are not engaging with outside bodies that could be in the specifics of the legislation, as the explanatory notes say, that is where we will make mistakes.
What consultations or discussions have been had with some of the organisations campaigning on the international implications of what is happening, particularly regarding the role of the US. What discussions have taken place? There could be ramifications well beyond what we all agree on today with regard to the designation of the IRGC and others that, at this moment, could be specifically designated as advancers of terrorism.
I note the definition on activities being
“prejudicial to the safety or interests of the United Kingdom”,
but does my right hon. Friend agree that we are getting into some tortuous territory? It could be properly argued that it is in the interests of the United Kingdom to seek to uphold basic human rights and have international humanitarian law observed consistently. That is in our collective and global interests, but we could find ourselves in situations where actors who we currently class as our allies, such as in the example he has given, use organisations to undermine that very principle. Is that not an example of how we need to think this legislation through?
There is a consideration that needs to be properly debated and given the time to be debated. My specific point is that if the US moves against Cuba and imposes and demands a wider trade ban, for example, the argument could be made that we are undermining our own interests if we do not co-operate with the US. That argument has been used in the trade negotiations so far. Under this legislation, we could have an organisation designated specifically around trying to break that blockade. That is my worry.
That leads me on to a minor point about designation. At the moment, designation is made through the affirmative procedure, which brings a statutory instrument before the House that we can vote for or against; we cannot amend it. What we saw under the proscription process, particularly with Palestine Action, was that the statutory instrument came before us with a bloc of 20 organisations. We had to vote for it or against it; we could not distinguish in voting between any of those organisations.
I ask the Government to consider that when we deal with this matter, it should be dealt with through the super-affirmative procedure, rather than the affirmative procedure. In the super-affirmative procedure, there is a process of consultation in which individual organisations can be dealt with, rather than dealing with organisations en bloc. In that way, we could take a more considered decision about the individual roles and aspects of organisations that the Government are designating.
I hope the Government will consider that process better, because it would reassure us more that this legislation will be effective and will not have the sweeping consequences that bloc proscription has brought so far. We have seen maybe 3,000 people going through our courts simply for holding up a poster with regard to Palestine Action.
Steff Aquarone (North Norfolk) (LD)
I will speak to my amendment 1, which I am very pleased has the most supporters of any amendment before us today.
Amendment 1 would make an offence of the concealment of beneficial ownership relating to a designated organisation and the establishment and maintenance of that concealment of finance and assets. In simpler terms, it would crack down on the professional enablers working to hide the ownership of assets for a designated group by clarifying that that is the same as providing them with a material benefit. These groups rely on hiding their money, and opaque financial systems only help them to do that. By extending liability to those who make that opacity possible, we limit the ability of designated groups to continue to benefit from their assets and finances.
Amendment 1 makes it clear that financial transparency is a national security issue. The opaque systems, all too often in overseas territories and Crown dependencies, and those who enable their use, are assisting nations and organisations that want to do our country harm. Designating these state-backed groups is vital. We have seen the issues they cause across the country: targeting our institutions, targeting those who speak out against regimes, and directing acts designed to target and strike fear into our Jewish communities.