Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill [Lords]

Julian Lewis Excerpts

2nd reading
Tuesday 22nd October 2024 Commons Chamber

[Sir Julian Lewis (New Forest East) (Con)]

What a pleasure it is to follow such a splendid maiden speech by the new hon. Member for Ilford South (Jas Athwal). As a third-generation immigrant myself, whose family lived in the city of Swansea for more or less exactly 100 years, I know precisely how he feels in his gratitude to the place in a new country that gave him every opportunity to develop his talents and abilities to the point at which he deservedly finds himself in this place. I am sure he will make maximum use of that opportunity. I particularly welcome his warm reference to his predecessor, Mike Gapes, who served in this House for no fewer than 27 years and was the epitome of moderate, patriotic Labour. He won respect on the Conservative side of the House as well as on his own side, and it was sad that a point came when he felt he could no longer remain a member of the Labour party, although I am glad to see from his Wikipedia entry that he is back in the fold today.

This uncontroversial Bill seeks to change the status of the Commonwealth Parliamentary Association and the International Committee of the Red Cross, to convert each of them into what is known as a body corporate. These are sensible proposals, which I broadly support. However, as stated during the Sir David Amess Adjournment debate on the rising of the House on 12 September, there is one other organisation, with which I am rather familiar, that requires the same change in status as the CPA and the ICRC, to make it into a body corporate too. That organisation is the office that supports the Intelligence and Security Committee of Parliament, and this Bill presents us with the timeliest opportunity to achieve that necessary change. Indeed, it is a perfect fit, so I trust that the House will bear with me while I explain the serious conflict of interest that has arisen, why that conflict matters to Parliament and how it can easily be rectified with a simple addition to the Bill before the House today.

For the benefit of newer Members in the Chamber, I should explain that the ISC is a cross-party Committee of both Houses of Parliament created by statute in 1994. Under the Justice and Security Act 2013, the ISC was given the legal responsibility for overseeing the UK’s intelligence community on behalf of Parliament, yet Parliament’s intent, as expressed in that Act, is currently being undermined. Right hon. and hon. Members might be surprised to learn that the ISC’s office, with a very small number of staff, belongs to the Cabinet Office, despite the ISC overseeing certain sensitive organisations within the Cabinet Office. They would be right to be surprised, because that is indeed a fundamental conflict of interest, which is why, when the Justice and Security Act was passed, the Cabinet Office was supposed to be only the temporary home of the ISC’s office. Yet here we are, more than 10 years later, with the Committee staff still beholden to, vulnerable within, and unfairly pressured and even victimised by the very part of the Executive that the Committee is charged with scrutinising and holding to account on behalf of Parliament.

The Executive should not be able to constrain and control the Committee’s democratic oversight on Parliament’s behalf by exerting control over the ISC’s small staff team to prevent them from doing their job independently. Such control means that part of the Cabinet Office can—and does—starve the team of resources so that the ISC’s staff are unable to fulfil the Committee’s legal responsibilities. That completely contravenes and disregards a clear ministerial undertaking given by the then Deputy Prime Minister, my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden), before the recent general election about vital extra resources for the ISC staff.

Control by the Cabinet Office also means that it can stigmatise and penalise the ISC’s staff, blaming them for the Committee’s robust scrutiny, with damaging consequences for their future careers in the civil service. Such deplorable behaviour has included repeatedly downgrading highly positive assessments, submitted by me as ISC Chairman at the time, of staff performance in recent years. In reality, the members of the ISC in the last Parliament valued the Committee’s staff very highly indeed, as I believe all members have since the Committee was first established 30 years ago. We certainly found the arrangements that I have described totally unacceptable.

The ISC therefore formally resolved, by a unanimous vote across all three political parties on the Committee, that it is essential for parliamentary democracy and its scrutiny system for the Committee’s office to move out from under the control of the Executive—that is, from the Cabinet Office—and instead to be established as an independent body corporate with a link to Parliament rather than to the Executive. That unanimous decision was confirmed by the members of the Committee at its meeting on 19 March, following expert and authoritative external advice that it is within the ISC’s power to take such a step and to determine the suitable mechanisms for implementing it.

That constitutional change, which the Cabinet Office has predictably attempted to ignore, is essential to protect the separation of powers. It is also extremely easy to achieve. It requires a very short amendment to the Justice and Security Act to change the status of the ISC’s office. The amendment would establish the office as a body corporate to support the Intelligence and Security Committee of Parliament and safeguard the independence of the Committee itself.

I had hoped that the amendment would be included in the new legislative programme. Unfortunately, but unsurprisingly in the Committee’s absence since Parliament was dissolved for the general election, the Cabinet Office has hitherto managed to block it. However, that is to underestimate the previous members of the Committee, from both sides of the House and in both Chambers, who are convinced that the Committee’s office cannot and must not continue to be controlled by the Cabinet Office.

The Bill, in seeking to change the constitutional status of the CPA and the ICRC and allow better provision for their staffing arrangements, is the ideal vehicle through which to achieve the same for the ISC’s beleaguered office. It is the obvious place to include a short amendment to the Justice and Security Act to change the status of the ISC’s staff organisation too. We must not pass up this opportunity: parliamentary time is precious, and there may not be another suitable vehicle during this Parliament.

As a measure to secure democratic oversight, I am confident that the amendment should and would secure cross-party support in both Houses. Prior to the election, both the then Government and the then Opposition seemed to accept that this reform was needed, which does rather beg the question why it has not yet happened. I intend to return to the issue at a later stage of the Bill with an amendment, and I trust, for the reasons I have set out, that the House will support it.

Having chaired the Intelligence and Security Committee for the past four years, and having also served on it throughout the 2010-15 Parliament, I reiterate what I said in 2019 after more than four years as Chairman of the Defence Committee: it is better to stop while people wish you to carry on, than to carry on until people wish you to stop—[Hon. Members: “Hear, hear.”] I am glad to have that endorsement. Hopefully, I can still be a friend of both Committees on the Floor of this Chamber, while giving support to my successors in office.

It was as extraordinary as it was shameful that no Prime Minister saw fit to meet with the Intelligence and Security Committee during the entirety of the last Parliament, although to her credit, during her short time at No. 10, Liz Truss did offer to do so. Perhaps the latest occupant of Downing Street will show greater respect towards a body that has consistently undertaken sensitive inquiries, and produced reports of the highest quality and the soundest judgment over the past 30 years, largely because of the calibre and integrity of its professional director and her dedicated staff. Let us now do the right thing by them all.

--- Later in debate ---

[Stephen Doughty]

With the leave of the House, let me first say that it is a pleasure to see you in the Chair, Madam Deputy Speaker—I think for the first time since I have been in the Chamber. We have been opponents at some times and allies at others, but it is a pleasure to see you, and I welcome you to your place. I thank Members from both sides of the House for their insightful and valuable contributions. It is clear that the work and values of both organisations are highly regarded by all Members and that the legislation has support—I hope; I do not want to prejudge a possible vote.

As I noted earlier, this is not the first time that the House has considered forms of this legislation, and we are all pleased to see it back again. On Second Reading in the other place, my noble Friend Baroness Chapman said that she thought the Bill was the first to receive a Second Reading in this Parliament under the new Government; I think it is now the first Bill to receive a Second Reading in both Houses. Could it be the first to gain His Majesty’s signature? I wonder. I certainly hope that before the conference I can provide the answers the shadow Minister was looking for.

I thank the shadow Minister for her kind words. I welcome her and the Opposition’s warm support as well as her tribute to the past proponents of the Bill. I agreed with her comments about the Commonwealth, particularly when she spoke about the friendships and the best practice that we can share, and with her tribute to His Majesty the King. A number of Members referenced Her late Majesty Queen Elizabeth II and her decades of service; her particular engagement with the Commonwealth is recognised by all sides. The shadow Minister also paid tribute to the work of the ICRC and its staff, particularly on Nagorno-Karabakh.

The shadow Minister asked a number of questions, which I will try to answer. If I do not get them all, I will be happy to write to her. She asked specifically about the funding to the ICRC. His Majesty’s Government provide £48 million each year as core unrestricted funding and are on track to provide at least an additional £80 million this year in direct contributions to the ICRC’s work around the world. She and other right hon. and hon. Members raised the importance of the FCDO’s working with the CPA. I certainly hope that all our high commissions and embassies will provide a warm welcome to delegations and support the work; the points about the benefits in soft power and about representing this place in its broadest sense, with all our expertise and traditions, are well made.

Like other right hon. and hon. Members, the hon. Lady made much wider points about the Commonwealth. We attach great importance to our membership of the Commonwealth, which is a vibrant network of 2.5 billion people united in the pursuit of freedom, peace and prosperity. We fundamentally believe that a modern, cohesive and effective Commonwealth can play an important role in delivering progress on UK priorities across the globe—whether in the sphere of democracy, common values, defending the rights of women, girls and minority communities, dealing with climate change and the energy transition, or the particular challenges faced by small island states. We will work on all those key issues together. There is also the issue of growth and economic development; the Commonwealth’s 56 members include some of the world’s fastest growing economies and it is vital that we partner with them for their and our global benefit. Importantly, those issues, among many others, will be discussed at the Commonwealth Heads of Government meeting in Samoa.

I also pay tribute to my good friend the Chair of the International Development Committee, my hon. Friend the Member for Rotherham (Sarah Champion). She paid particular tribute to the International Committee of the Red Cross; I particularly recognise what she said about the loss of its workers in current conflicts as well as many others in the past. All of us across the House salute the resilience and bravery of those who work in such trying circumstances.

I welcome the hon. Member for Esher and Walton (Monica Harding) to her place and thank her for her party’s support for the Bill. She rightly pointed to the example of other countries and why we need to follow suit. I assure her of the new Government’s commitments to international law, the multilateral system, humanitarian principles and the sustainable development goals; my noble Friend Lord Collins and others will be speaking about those matters in due course. The hon. Lady also rightly referenced the recent speech made by the Minister for Development.

I congratulate my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) on his election and all those elected to the CPA executive. I thank him for his work and support for the Bill. The right hon. Member for Staffordshire Moorlands (Dame Karen Bradley) has had to attend the important CPA event; she rightly paid tribute to Maria Miller and Ian Liddell-Grainger and highlighted the important work on modern slavery. I wish her well on her panel today. Like me, she is passionate about the personal relationships that we can develop.

The right hon. Lady and others mentioned the importance of the CPA in relation to devolved Administrations. Ironically, the first CPA conference that I attended was in the Senedd, in my own constituency of Cardiff South and Penarth, and brought together representatives of devolved Administrations along with UK and other Members of Parliament—as well as representatives of the overseas territories, for which I now have responsibility. That learning, sharing, friendship and understanding of our different ways of working as well as our common challenges was hugely important.

We have heard some fantastic maiden speeches today. First, we heard from my hon. Friend the Member for Ilford South (Jas Athwal) a passionate account of his journey from Punjab to Ilford, which he described as a place of promise. He spoke of the community and the home that he had found and contributed to, and the passion that he clearly felt for his diverse and dynamic community, which has many similarities to my own, was very inspiring. I also noted his pledges on health and the Government’s commitments on NHS reforms, and his campaign for King George hospital. I thank him for that excellent maiden speech.

The right hon. Member for New Forest East (Sir Julian Lewis) always makes important points. I heard very clearly what he had to say, but, as I take a key interest in these matters as well, I would gently stress the point that, as he knows, the Clerks have particularly strong rules relating to the scope of Bills, and the amendment that he suggested may not be in the scope of this Bill. Obviously, it is for the Clerks to opine on the matter. I have heard the right hon. Gentleman’s remarks and will certainly take them away, but there is clearly a stark difference between the Intelligence and Security Committee situation that he described and the position of the CPA and the ICRC.

[Sir Julian Lewis]

May I urge the Minister, when the Government are considering the political dimension of what is being proposed, to engage in consultations with Lord West of Spithead, his own party’s representative on the previous ISC, and also with the new Lord Beamish, formerly Kevan Jones of this parish, who likewise was firmly committed to the sort of measure that I am proposing?

[Stephen Doughty]

The right hon. Gentleman has mentioned some well-respected people—my noble Friends —and I will ensure that colleagues across Government hear what he has said, and also his request for the ISC to meet the Prime Minister, although, as he will know, the Prime Minister’s diary is incredibly stretched.

My hon. Friend the Member for Newcastle-under-Lyme (Adam Jogee) took the opportunity to make a lengthy speech. The Whips will probably teach him not to do that too often, but he made a fantastic contribution including some thoughtful insights on the importance of the Commonwealth and its future, particularly in a world where we are contesting with autocratic and repressive states that seek a very different future for the world. I believe that the Commonwealth provides a set of values and principles on which we can all unite. He spoke of his own family history, and also noted the Commonwealth contribution in the two world wars, which we need to remember regularly, especially as we approach the season of remembrance.

The hon. Member for Windsor (Jack Rankin) made another excellent maiden speech. Like many other Members, I know his constituency well—I have sung at Royal Holloway’s Windsor building, I have visited the fields at Runnymede, and I recently attended a conference on Ukraine in Windsor Castle itself—and I know that it is home to many and varied activities from the cultural to the historic. He spoke of his passion for physics. I wanted to be a physicist myself until my English teacher told me to go into politics, and the contribution that science and mathematics can make to the House is key. The royal history of the hon. Gentleman’s constituency is, of course, well known. I welcome him to the House, and thank him for an excellent speech.

My hon. Friend the Member for Kilmarnock and Loudoun (Lillian Jones) paid a heartfelt tribute to the family, friends and campaigners who brought her to this place, along with her own clear commitments to public service. She also paid warm tributes to her predecessors, including Clarice Shaw and Cathy Jamieson. I got to know Cathy Jamieson well when I first came to this place 12 years ago. She ensured that I was given a tour around “Killie” football club at one point when I was in her constituency. My hon. Friend may not know this, but there is a direct connection between her constituency and mine: Loudoun Square is at the heart of Butetown. The name denotes the strong links between the coal and shipping industries of Cardiff and the west coast of Scotland. That connection is deep and abiding. My hon. Friend spoke with passion about the huge community assets in her constituency and the strength of that community, and I wish her well in this place.

Last but not least, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) made some very important remarks and some kind remarks about me, and I congratulate him on his election to the CPA’s executive committee. The significance of this change is understood by the Government, which is why we want to get the Bill through. I am glad that he highlighted some of the challenges we see around the Commonwealth, particularly those facing the LGBT+ community. He knows that I take those issues very seriously, and I have taken advantage of my time with the Commonwealth Parliamentary Association to raise such concerns in the past. These are issues that I and other Ministers take very seriously.

I will conclude by saying that I am well aware not only of the excellent work that the ICRC does, but of its importance to the Commonwealth. My own constituency has people from Cyprus, Malta, south Asia and Africa. It is vital that we continue those links at the parliamentary level and work together, and we Ministers are committed to doing so. I thank everybody for their contributions today. I look forward to seeing this Bill progress—rapidly, I hope—and I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill [LORDS] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Wednesday 13 November 2024.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Christian Wakeford.)

Question agreed to.

 Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill [LORDS] (Money)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any amount refunded in respect of any tax or duty in accordance with arrangements made under the Act.—(Christian Wakeford.)

Question agreed to.