Read Bill Ministerial Extracts
National Security (State Threats) Bill Debate
Full Debate: Read Full DebateMatt Vickers
Main Page: Matt Vickers (Conservative - Stockton West)Department Debates - View all Matt Vickers's debates with the Cabinet Office
(3 weeks, 3 days ago)
Commons ChamberThe Government’s decision to allow alterations to this Bill will come as a surprise to many who followed it through its earlier stages. As colleagues in the other place observed, this came as a surprise because, throughout the interregnum, the Government repeatedly informed the official Opposition that they were unable to make further policy decisions. That position even extended to measures confirmed as Government policy, such as passport seizure powers. Given that even fundamental issues relating to countries such as China could not be addressed then, it surprising that we are considering further amendments to this Bill now.
Nevertheless, we are where we are, and we are considering the Government’s amendments on humanitarian activities. I understand the intention behind them. Nobody wants genuine humanitarian organisations that are carrying out vital work in difficult parts of the world to be caught by legislation never intended to target them, but we also have to recognise the reality of the threats that we face. As the independent reviewer of terrorism legislation recently pointed out, hostile states are willing to hide behind legitimate activity. Just as they might exploit legal or journalistic cover, they might also seek to exploit humanitarian cover. That is why the amendment he suggested was narrower than the one before us today.
My concern is that the Government’s wording is capable of broader interpretation, particularly around conduct said to be for the purpose of
“the carrying out of humanitarian activities”.
That risks creating uncertainty and opportunities for abuse. What is striking is that this is not the position the Government took a short time ago. On Report, the Minister made it clear that genuine humanitarian work would not be prejudicial to the safety or interests of the United Kingdom. Indeed, when rejecting amendments tabled by my hon. Friend the Member for Rutland and Stamford (Alicia Kearns), she argued that the prohibited purpose test would protect legitimate conduct without creating loopholes for hostile actors. If that was the Government’s position then, what has changed?
We would be naive to assume that this defence could never be exploited. We have seen hostile states attempt to use charitable organisations as vehicles for influence and interference. The chief executive of the Charity Commission has warned about those risks, and Ministers themselves have highlighted concerns about Iranian-backed charities operating in this country. Members have worked hard to expose those threats. As we strengthen our powers to tackle hostile state activity, we must be careful not to create new opportunities for hostile actors.
This Bill already contains a higher threshold—or safeguards, as some would call them—that creates greater protections for those who support state bodies directing acts of terror, such as the Islamic Revolutionary Guard Corps, than for those who support the terrorist groups that the IRGC funds and directs, such as Hamas and Hezbollah. This threshold, we believe, will make prosecutions far less likely, as the extra hurdle and burden of intent is too high, and necessarily so.
In addition, any prosecution requires the consent of the Attorney General, providing a significant safeguard against inappropriate cases. That makes me question whether these provisions are necessary. I appreciate the Government’s intentions, but our first responsibility is to ensure that this legislation is robust. This Bill exists because the threats posed by hostile states are real and growing. If we are giving our police, intelligence agencies and security services the powers they need to respond, we must ensure that those powers are not weakened by loopholes. For that reason, we remain concerned that these amendments, however well intentioned, risk creating opportunities for hostile actors to evade the measures that the Bill is designed to put in place.
I rise to welcome Lords amendments 1 to 6 and to support the progress being made regarding the implications of this Bill on the vital work of the humanitarian sector. I place on record my thanks to Baroness Northover, Lord Alton, Lord Anderson, Baroness Helic and Baroness D’Souza for all their work in the other place. I would also like to pay credit to the courageous NGOs operating on the frontlines of global crises, who I know are following the progress of this Bill carefully to understand how it might impact on their work. With them in mind, I would like to express my regret that measures covering the humanitarian sector do not go further to provide robust, full legal protections.
As Chair of the International Development Committee, I wrote to the Home Office on this matter on 17 June as the sector was facing a terrifying landscape of legal uncertainty. Under the original drafting of the new offences, particularly on assisting or obtaining material benefit from a designated body, humanitarian actors were at risk.
In conflict zones, where state-linked or designated actors hold territorial control, neutral humanitarian organisations are often required to engage in dangerous circumstances. That sometimes means that they must negotiate access, pay routine local utilities or permits, or provide medical care to all sides working in accordance with international humanitarian law. Under the Bill, humanitarian workers could have been prosecuted.