Cyber Interference: UK Democracy

Debate between Leo Docherty and Eleanor Laing

Thursday 7th December 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)]

With permission, I will make a statement about attempted cyber interference in British democracy. I know hon. and right hon. Members across this House will recognise the seriousness of this issue.

The Government have long highlighted the threat to the UK and our allies from malicious cyber activity conducted by the Russian intelligence services. I can confirm today that the Russian Federal Security Service, the FSB, is behind a sustained effort to interfere in our democratic processes. It has targeted Members of this House and the other place. It has been targeting civil servants, journalists and non-government organisations. It has been targeting high-profile individuals and entities with a clear intent, using information it obtains to meddle in British politics.

Madam Deputy Speaker, you and parliamentary security have been briefed on the details of that activity. We want to be as open as we can with the House and the British public. Our commitment to transparency stands in sharp contrast to the efforts of the KGB’s successors to exert influence from the shadows. What can we confirm today? I want to stress five particular points of our assessments.

First, Centre 18, a unit within Russia’s FSB, has been involved in a range of cyber-espionage operations targeting the UK.

Secondly, Star Blizzard, a cyber group that the National Cyber Security Centre assesses is almost certainly subordinate to Centre 18, is responsible for a range of malign activities targeting British parliamentarians from multiple parties.

Thirdly, using those means, the group has selectively leaked and amplified the release of sensitive information in service of Russia’s goals of confrontation. In 2020, when he was Foreign Secretary, my right hon. Friend the Member for Esher and Walton (Dominic Raab) confirmed to the House that Russia had done that before the 2019 elections with documents related to UK-US trade. I can now confirm that we know Star Blizzard was involved in this operation.

Fourthly, these cyber actors use a combination of targeting, tailoring their operations in a far more sophisticated way than is usually the case with, for instance, commonplace cyber criminals. They typically engage in thorough research and preparation, including via social media and networking platforms. Having thus identified ways to engage a target, they create false accounts, impersonating contacts to appear legitimate, and create a believable approach, seeking to build a rapport before delivering a malicious link to either a document or website of interest. While they have targeted business and corporate emails, the group predominantly targets personal email addresses.

Finally, the targeting of this group is not limited to politicians, but includes public-facing figures and institutions of all types. We have seen impersonation and attempts to compromise email accounts across the public sector, universities, media, non-governmental organisations and wider civil society. Many of those individuals and organisations play a vital role in our democracy. As an example, the group was responsible for the 2018 hack of the Institute for Statecraft, a UK think-tank whose work included initiatives to defend democracy against disinformation, and the more recent hack of its founder, whose account was compromised from 2021. In both cases, documents were subsequently leaked.

The Government’s assessment is based on extensive analysis from the UK intelligence community and supported by a range of close international partners. Today, allies from the Five Eyes and the Euro-Atlantic region are joining us in illuminating the pervasive nature of this threat to our shared democratic values. I pay tribute to the dedicated public servants, in our own agencies and those of our partners, whose painstaking work has allowed us to expose the reality of the threat we face.

Taken together, the UK Government judge that these actions demonstrate a clear and persistent pattern of behaviour. Russia’s attempted interference in political and democratic processes, through cyber or any other means, is unacceptable. I reassure the House that we have identified targeting of parliamentary colleagues and engaged with victims through both the National Cyber Security Centre and the parliamentary authorities.

The Government will continue to expose and respond to malign cyber activity, holding Russia accountable for its actions. To that end, the UK has designated two individuals under the UK’s cyber sanctions regime, following a thorough investigation by the National Crime Agency into the hack of the Institute for Statecraft. In doing so we send a clear message that these actions have consequences. This morning, the Foreign, Commonwealth and Development Office has summoned the Russian ambassador to the Foreign Office to convey that message.

We have robust systems in place to protect against the threat from foreign malign influence. The Minister for Security, my right hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), leads the defending democracy taskforce, which drives work to improve our resilience against these threats. Our National Cyber Security Centre, alongside Five Eyes partners, today published a technical advisory to provide guidance to organisations and individuals at risk of being targeted to help defend against such attacks. We will continue to defend ourselves from adversaries who seek to threaten the freedoms that underpin our democracy. It is and always will be an absolute priority to protect our democracy and elections.

A key component of increasing our resilience is supporting the National Cyber Security Centre and parliamentary authorities to deliver an enhanced cyber-security offer to right hon. and hon. Members, and to Members of the other place, that aims to better protect them against this insidious threat and support the resilience of our lively democratic society. We hope that this statement helps to raise awareness of the threat and allows those in public life, in this House and beyond, to recognise how they may be targeted by such operations.

Russia has a long-established track record of reckless, indiscriminate and destabilising malicious cyber-activity, with impacts felt all over the world. In recent years, the Government have, alongside allies, uncovered numerous instances of Russian intelligence targeting of critical national infrastructure, for example. We have worked in close co-ordination with our intelligence partners to expose sophisticated cyber-espionage tools aimed at sensitive targets. The irony of Russia’s abusing the freedoms that it denies its own people to interfere in our politics will not be lost on anyone.

Of course, our political processes and institutions have endured in spite of those attacks, but the cyber threat posed by the Russian intelligence services is real and serious. All right hon. and hon. Members should pay careful attention to it in the course of their work and their daily lives. Many in this House may not consider themselves a potential victim. I want to underline to the whole House that the targeting can be extremely convincing. We must all play our part in exercising good cyber practices, using appropriate caution and following the good guidance of the National Cyber Security Centre and others to mitigate the threat. That is how we defend ourselves and our precious democracy. I commend this statement to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Foreign Secretary.

Armed Forces Bill

Debate between Leo Docherty and Eleanor Laing

Committee stage
Wednesday 23rd June 2021 Commons Chamber

[The Chairman]

With this it will be convenient to discuss the following:

Clauses 2 to 6 stand part.

Amendment 7, in clause 7, page 4, line 27, at end insert—

“(4A) Guidance under subsection (3)(a) must provide for charges of murder, manslaughter, domestic violence, child abuse and rape to be tried only in civilian court when the offences are alleged to have been committed in the United Kingdom.”

This amendment would ensure that the most serious crimes – murder, manslaughter domestic violence, child abuse and rape - are tried in the civilian courts when committed in the UK.

Clause 7 stand part.

Amendment 1, in clause 8, page 9, line 19, at end insert—

“(aa) a relevant government department;”.

This amendment, with amendments 2, 3 and 4, would place the same legal responsibility to have ‘due regard’ to the Armed Forces Covenant on central government and the devolved administrations as the Bill currently requires of local authorities and other public bodies.

Amendment 39, in clause 8, page 10, line 2, at end insert—

“and

(g) in relation to accommodation provided to service people in England, a requirement for that accommodation to meet the Decent Homes Standard.”

The intention of this amendment is to ensure that all service housing is regulated in line with the minimum quality housing standard which pertains to whatever part of the United Kingdom that housing is situated in.

Amendment 2, in clause 8, page 11, line 18, at end insert—

“(aa) a relevant department in the devolved administration in Wales;”.

See explanatory statement for Amendment 1.

Government amendment 8.

Amendment 40, in clause 8, page 11, line 38, at end insert—

“and

(e) in relation to accommodation provided to service people in Wales, a requirement for that accommodation to meet the Welsh Housing Quality Standard.”

See the explanatory statement for Amendment 39.

Government amendment 9.

Amendment 3, in clause 8, page 12, line 32, at end insert—

“(aa) a relevant department in the devolved administration in Scotland;”.

See explanatory statement for Amendment 1.

Amendment 41, in clause 8, page 13, line 9, at end insert—

“and

(e) in relation to accommodation provided to service people in Scotland, a requirement for that accommodation to meet the Scottish Housing Quality Standard.”

See the explanatory statement for Amendment 39.

Government amendment 10.

Amendment 4, in clause 8, page 14, line 4, at end insert—

“(aa) a relevant department in the devolved administration in Northern Ireland;”.

See the explanatory statement for Amendment 1.

Government amendments 11 and 12.

Amendment 42, in clause 8, page 14, line 27, at end insert—

“and

(d) in relation to accommodation provided to service people in Northern Ireland, a requirement for that accommodation to meet the Decent Homes standard for Northern Ireland.”

See the explanatory statement for Amendment 39.

Government amendments 13 to 15.

Amendment 6, in clause 8, page 18, line 7, at end insert—

“343AG Section 343AF: report

The Secretary of State must lay a report before each House of Parliament no later than three months after the day on which this Act is passed on how the powers in section 343F (Sections 343AA to 343AD: power to add bodies and functions) will work in practice.”

This amendment would require the Secretary of State to set out how powers in the Bill could be used to widen its scope to address all matters of potential disadvantage for service personnel under the Armed Forces Covenant including employment, pensions, compensation, social care, criminal justice and immigration.

Clauses 8 and 9 stand part.

Government amendments 16 to 23.

Clauses 10 to 13 stand part.

Government amendments 24 to 30.

Clauses 14 to 26 stand part.

New clause 1—Waived fees for indefinite leave to remain for serving or discharged member of the UK armed forces—

“(1) The Immigration Act 2014 is amended as follows.

(2) In section 68, after (11) insert—

‘(12) No fees may be charged in respect of a serving or previously serving member of the UK armed forces, or their family members, applying for indefinite leave to remain under Appendix Armed Forces of the Immigration Rules.’”

This new clause would amend the Immigration Act 2014 to waive the fee for indefinite leave to remain applications for any current or previously serving Members of the UK Armed forces, and their families.

New Clause 2—Duty of care to service personnel—

“(1) The Secretary of State must establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations, as defined in section 1(6) of the Overseas Operations (Service Personnel and Veterans Act 2021.

(2) The Secretary of State must lay a copy of the duty of care standard under subsection (1) before Parliament within six months of the date on which this Act is passed.

(3) The Secretary of State must thereafter in each calendar year—

(a) prepare a duty of care update, and

(b) include the duty of care update in the Armed Forces Covenant annual report when it is laid before Parliament.

(4) The duty of care update is a review about the continuous process and improvement to meet the duty of care standard established in subsection (1), in particular in relation to incidents arising from overseas operations of—

(a) litigation and investigations brought against service personnel for allegations of criminal misconduct and wrongdoing;

(b) civil litigation brought by service personnel against the Ministry of Defence for negligence and personal injury;

(c) judicial reviews and inquiries into allegations of misconduct by service personnel; and

(d) such other related fields as the Secretary of State may determine.

(5) In preparing a duty of care update the Secretary of State must have regard to, and publish relevant data in relation to (in respect of overseas operations)—

(a) the adequacy of legal, welfare and mental health support services provided to service personnel who are accused of crimes;

(b) complaints made by service personnel or their legal representation when in the process of bringing or attempting to bring civil claims against the Ministry of Defence for negligence and personal injury;

(c) complaints made by service personnel or their legal representation when in the process of investigation or litigation for an accusation of misconduct: and

(d) meeting national standards of care and safeguarding for families of service personnel, where relevant.

(6) In subsection (1) “service personnel” means—

(a) members of the regular forces and the reserve forces;

(b) members of British overseas territory forces who are subject to service law;

(c) former members of any of Her Majesty’s forces who are ordinarily resident in the United Kingdom; and

(d) where relevant, family members of any person meeting the definition within paragraph (a), (b) or (c).

(7) In subsection (1) “duty of care” means both the legal and moral obligation of the Ministry of Defence to ensure the wellbeing of service personnel.

(8) None of the provisions of this section may be used to alter the principle of combat immunity.”

This new clause will require the Secretary of State to establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations.

New clause 4—Report on dismissals and forced resignations for reasons of sexual orientation or gender identity—

“(1) The Secretary of State must lay before Parliament a report on the number of people who have been dismissed or forced to resign from the Armed Forces due to their sexual orientation or gender identity.

(2) The report under subsection (1) must include cases where—

(a) there is formal documentation citing sexuality as the reason for their dismissal; or

(b) there is evidence of sexuality or gender identity being a reason for their dismissal, though another reason is cited in formal documentation.

(3) The report under subsection (1) must include recommendations of the sort of compensation which may be appropriate, including but not limited to—

(a) the restoration of ranks;

(b) pensions; and

(c) other forms of financial compensation.

(4) The report must include a review of the cases of those service personnel who as a result of their sexuality have criminal convictions for sex offences and/or who are on the Sex Offenders Register.

(5) The report must include discharges and forced resignations back to at least 1955.

(6) The first report under subsection (1) must be laid no later than 6 months after the day on which this Act is passed.

(7) The Secretary of State may make further reports under subsection (1) from time to time.

(8) In this section, “sexuality or gender identity” includes perceived or self-identified sexuality or gender identity.”

This new clause requires the Government to conduct a comprehensive review of the number of people who were dismissed or forced to resign from the Armed Forces due to their sexuality and to make recommendations on appropriate forms of compensation.

New clause 6—Duty of care for alcohol, drugs and gambling disorders—

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 20(2)(d) insert—

‘(e) the person is dependent on, or has a propensity to misuse, alcohol or drugs.’

(3) After section 20(3) insert—

‘(3A) The Secretary of State has a duty of care to offer a specific pathway for support and treatment for current and previously serving service personnel who experience—

(a) a propensity to misuse, alcohol and drugs,

(b) alcohol or drug dependency, and

(c) gambling disorder.

(3B) The Secretary of State must include in the annual Armed Forces Covenant report—

(a) the number of people accessing treatment and support as set out in section (1), and

(b) the current provisions for rehabilitation facilities for Armed Forces personnel who are experiencing a propensity to misuse or have a dependency on alcohol, drugs and gambling.’”

New clause 7—Indefinite leave to remain payments by Commonwealth and Gurkha

members of armed forces—

“(1) The Immigration Act 2014 is amended as follows.

(2) In section 68 (10), after ‘regulations’ insert “must make exceptions in respect of any person with citizenship of a Commonwealth country (other than the United Kingdom) who has served at least four years in the UK armed forces, or in respect of any person who has served at least four years in the Brigade of Gurkhas, such exceptions to include capping the fee for any such person applying for indefinite leave to remain at no more than the actual administrative cost of processing that application, and”

This new clause will ensure that Commonwealth and Gurkha veterans applying for Indefinite Leave to Remain following four years of service will only pay the unit cost of an application.

New clause 8—Armed Forces Federation—

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 333, insert—

‘333A Armed Forces Federation

(1) There shall be an Armed Forces Federation for the United Kingdom for the purpose of representing members of the Armed Forces in the United Kingdom in all matters affecting their welfare, remuneration and efficiency, except for—

(a) questions of promotion affecting individuals, and

(b) (subject to subsection (2)) questions of discipline affecting individuals.

(2) The Armed Forces Federation may represent a member of the Armed Forces at any proceedings or on an appeal from any such proceedings.

(3) The Armed Forces Federation shall act through local and central representative bodies.

(4) This section applies to reservists of the Armed Forces as it applies to members of the Armed Forces, and references to the Armed Forces shall be construed accordingly.

333B Regulations for the Armed Forces Federation

(1) The Secretary of State may by regulations—

(a) prescribe the constitution and proceedings of the Armed Forces Federation, or

(b) authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) with respect to the membership of the Federation;

(b) with respect to the raising of funds by the Federation by voluntary subscription and the use and management of funds derived from such subscriptions;

(c) with respect to the manner in which representations may be made by committees or bodies of the Federation to officers of the Armed Forces and the Secretary of State; and

(d) for the payment by the Secretary of State of expenses incurred in connection with the Federation and for the use by the Federation of premises provided by local Armed Forces bodies for Armed Forces purposes.

(3) Regulations under this section may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federation.

(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section applies to reservists of the Armed Forces as it applies to

members of the Armed Forces.’”

This new clause would create a representative body for the Armed Forces, akin to the Police Federation, which would represent their members in matters such as welfare, pay and efficiency.

New clause 9—Investigation of allegations related to overseas operations—

“(1) In deciding whether to commence criminal proceedings for allegations against a member of Her Majesty’s Forces arising out of overseas operations, the relevant prosecutor must take into account whether the investigation has been timely and comprehensively conducted.

(2) Where an investigator of allegations arising out of overseas operations is satisfied that there is sufficient evidence of criminal conduct to continue the investigation, the investigator must within 21 days refer the investigation to the Service Prosecuting Authority with any initial findings and accompanying case papers.

(3) An investigation may not proceed after the period of 6 months beginning with the day on which the allegation was first reported without the reference required in subsection (2).

(4) On receiving a referral under subsection (2), the Service Prosecuting Authority must either—

(a) order the investigation to cease if it considers it unlikely that charges will be brought, or

(b) give appropriate advice and directions to the investigator about avenues of inquiry to pursue and not pursue, including—

(i) possible defendants to consider,

(ii) possible explanations to consider for the circumstances giving rise to the investigation, and

(iii) overseas inquiries and seeking the help of overseas jurisdictions.

(5) Where the investigation proceeds, the Service Prosecuting Authority must monitor and review its progress at intervals of three months and must on each review make a decision in the terms set out in subsection (4).

(6) On the conclusion of the investigation, the investigator must send a final report with accompanying case papers to the Service Prosecuting Authority for the consideration of criminal proceedings.

(7) After receipt of the final report, the facts and circumstances of the allegations may not be further investigated or reinvestigated without the direction of the Director of Service Prosecutions acting on the ground that there is new compelling evidence or information which might—

(a) materially affect the previous decision, and

(b) lead to a charge being made.

(8) The Judge Advocate General may give Practice Directions as he or she deems appropriate for the investigation of allegations arising out of overseas operations.

(9) For the purposes of this section—

‘case papers’ includes summaries of interviews or other accounts given by the suspect, previous convictions and disciplinary record, available witness statements, scenes of crime photographs, CCTV recordings, medical and forensic science reports;

‘investigator’ means a member of the service police or a civil police force.”

That schedule 1 be the First schedule to the Bill.

That schedule 2 be the Second schedule to the Bill.

Government amendments 31 to 38.

That schedule 3 be the Third schedule to the Bill.

That schedule 4 be the Fourth schedule to the Bill.

That schedule 5 be the Fifth schedule to the Bill.

[The Minister for Defence People and Veterans (Leo Docherty)]

It is a privilege to speak to the Armed Forces Bill before a Committee of the whole House. Indeed, it is fitting that the Bill should come before the Committee during Armed Forces Week, when we celebrate and commemorate Her Majesty’s armed forces.

Before speaking to the Bill, I want to express my gratitude to the members of the Select Committee on the Armed Forces Bill, some of whom are here today, and to thank them for their rigorous and professional approach to the work of that Committee. I commend their published report.

In simple terms, the Bill’s primary purpose is to renew the Armed Forces Act 2006—

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Leo Docherty and Eleanor Laing

Wednesday 21st April 2021 Commons Chamber

[Leo Docherty]

I do not share the right hon. Gentleman’s analysis. We have to bear in mind the fact that 6% is a small number. However, it is still too high, and we will work to get it down to zero.

It is worth reminding ourselves that the limitation longstops will cover only a small subset of the personal injury claims brought by current and former service personnel against the Ministry of Defence—those connected with overseas operations. Additionally, personnel will continue to have access to the armed forces compensation scheme. Let me conclude by confirming that part 2 of the Bill will not breach the armed forces covenant, which states:

“Those who serve in the Armed Forces, whether Regular or Reserve, those who have served in the past, and their families, should face no disadvantage compared to other citizens in the provision of public and commercial services.”

The primary focus of the covenant is to help ensure that service personnel and veterans are not disadvantaged in comparison with civilians in the same position. Indeed, the longstops in part 2 will apply in the same way to all claimants bringing claims connected with overseas operations against the MOD, whether they are military personnel, civil servants, contractors or local nationals. Everyone, military or civilian, who is deployed on an overseas operation is treated equally in that respect. I therefore urge the House to reject the amendment.

Lords amendment 5 would require the Secretary of State to establish a duty of care standard for current and former service personnel and, where appropriate, their families, and would require the Secretary of State to provide an update in the armed forces covenant annual report. I would like to begin by saying that we take our responsibilities to our service personnel and veterans extremely seriously. On Tuesday 13 April, the Secretary of State published a written ministerial statement setting out as a matter of record the support that is, and will continue to be, available. First, that makes clear that service personnel are entitled to receive legal support where they face criminal allegations or civil claims that relate to actions taken during their service and where they were performing their duties. Legal advice and support are also available whenever people are required to give evidence at inquests and inquiries, and in litigation.

Secondly, a range of welfare support and mental health support is routinely offered to all service personnel. The potential impact of operations on a serviceperson’s mental health is well recognised, and there are provisions in place to help manage and mitigate those impacts as far as possible. Additionally, the Office for Veterans’ Affairs works closely with the MOD and Departments across Government, the devolved Administrations, charities and academia to ensure that veterans’ needs are met.

Significant progress has been made to ensure that our service personnel and veterans have access to a comprehensive package of legal, pastoral and mental health support, so we believe that it is unnecessary to establish a statutory duty of care. Not only is Lords amendment 5 unnecessary but it could result in unintended consequences, and would be likely to lead to an increase in litigation, which would mean more of our people being subject to potentially lengthy and stressful court proceedings, which is profoundly undesirable and contrary to the Bill’s objectives. Notions of moral and pastoral duties are extremely difficult to define adequately, and there is a real risk that attempting to do so in legislation would lead to more, rather than less, litigation and greater uncertainty. We are concerned that as allegations may occur in operational theatres involving commanding officers, the Royal Military Police and service personnel, the amendment might have unintended consequences that would undermine our operational effectiveness. The Government are clear about their responsibilities to provide the right support to our personnel, both serving and veterans, and to seek to improve and build on that wherever necessary. I do not believe that setting a standard duty of care in the Bill is necessary, so the Government cannot support Lords amendment 5.

Lords amendments 6 to 8 are minor and technical, and are simply drafting improvements. All in all, I urge the House to accept the Government amendments in lieu of Lords amendment 1, and to reject Lords amendments 2, 4 and 5 so that we can fulfil our solemn obligations for greater legal protection for our service personnel and our veteran community.

[Madam Deputy Speaker (Dame Eleanor Laing)]

May I also congratulate the Minister on his appointment and welcome him to the Dispatch Box?