National Security and Investment Bill

Lord Campbell of Pittenweem Excerpts

Report stage
Thursday 15th April 2021 Lords Chamber

Security threats are increasing in both number and complexity; we see that all the time. This legislation is part of the Government’s response to that, and I am very glad about the overall thrust of the legislation, but the Government must recognise that if they wish to maintain public confidence in their abilities to protect the UK at this challenging time, they cannot dismantle democratic oversight. They cannot renege on the commitment they gave to Parliament about that oversight. I apologise for the length of this, but I feel very strongly about it. I beg to move.

[Lord Campbell of Pittenweem (LD)]

My Lords, I was flattered to be included in the front row that my noble friend set out. I have one qualification about it though, and that is that these days, such is the pressure of rugby that the front row is often completely substituted at half-time. But this is a front row that has not been substituted at half-time. I and the noble Lords, Lord Butler and Lord King, have lasted the pace.

It is not necessary for me to expand in any way upon what were, if I may say so, the most compelling arguments put forward by the noble Lord just a moment or two ago. I acknowledge my interest in these matters, having been a member of the Intelligence and Security Committee for seven years, but I am afraid that I take issue with some of the flavour of the correspondence that has passed between some of us on this matter. The dismissal of the amendments, and the arguments that lie behind them, has been, in my respectful view, cavalier and verging on the insulting. This is a fundamental issue and it demanded a more reasoned set of arguments for simply refusing to accept the amendments that have just been so eloquently proposed.

I will say a word or two repeating to some extent what I said in Committee. When Huawei was first raised it was not raised with the Intelligence and Security Committee, as it ought to have been, but officials sent it to the Secretary of State for Trade and Industry. Had the importance and understanding of the Intelligence and Security Committee been properly recognised perhaps some of the difficulties that ultimately presented themselves with Huawei would have been avoided.

The other point I want to make is slightly self-aggrandising, I suppose, but those who have chosen to be members of the Intelligence and Security Committee are carefully vetted. On some occasions, when the leaders of political parties have made nominations, these have been turned down. It is supposed to reflect those with experience and judgment, who can be relied on to accept the onerous responsibility that membership brings. That involves signing the Official Secrets Act and going through the necessary processes attached to it. I do not understand that the BEIS Committee will be subject to that. Although the Secretary of State may offer classified information, the BEIS Committee will not have the statutory rights, as pointed out so eloquently by the noble Lord who last spoke. I fear this is yet another illustration of how the Government believe that, with a docile majority in the House of Commons, they can, if not ignore what happens in this place, at least enter their opposition in the hope, belief and perhaps the knowledge that if it goes back to the other place the Government’s position can be restored.

The last point I want to make is this: what can be more important than issues of national security? What can be more important than ensuring that those charged with oversight are given every opportunity, based on experience and judgment, to consider these issues and reach conclusions? There seems to be no recognition of that in this issue. It is deeply disappointing.

As the noble Lord who introduced the amendment pointed out, there are not only undertakings on the part of the Government but statutory principles to be observed. My submission is that the Government should think again, but they have already said that, irrespective of argument, they will not accept this amendment. They can hardly be surprised, therefore, if those who support it believe that the attitude of the House must now be taken.