(1 month, 1 week ago)
Commons Chamber
Catherine Atkinson
I thank my hon. Friend for his intervention. We are seeking a full culture change, and are trying to prevent any kind of attitude of covering things up. I am happy to meet him further to discuss that specific case.
All the work that has been undertaken has enabled us to find a solution that provides full application of the duty, while protecting national security, which is absolutely essential.
Catherine Atkinson
I am going to make some progress, and then I will take interventions again.
The amendments before the House ensure that the duty of candour and assistance applies to all individual intelligence officers, while establishing secure procedures for the disclosure of sensitive information. First, the Bill as introduced did not allow compliance directions to be issued to individual intelligence officers; rather, they were issued to the organisation that officers worked for. There were concerns that this effectively amounted to a carve-out for the intelligence services. Our amendments allow compliance directions to be issued to individual intelligence officers, so that the duty applies consistently across the public sector.
Secondly, the amendments establish secure models for the disclosure of sensitive national information. The Government’s objective has always been clear—it has been to ensure that where information can be disclosed, it should be disclosed, while ensuring that proper protections are in place. We have therefore adopted the approach proposed by my hon. Friend the Member for Liverpool West Derby (Ian Byrne), which is to apply existing safeguards to the new provisions. When an individual working for a national security body receives a request for protected information, they must pass that information to the head of the authority, not directly to the inquiry or investigation. The head of the authority is then responsible for sharing it with the inquiry or investigation, subject to all existing arrangements for protecting information in law and practice. Restrictions on disclosure can still be sought, where necessary. Existing arrangements for secure inquiries remain available, and established practices, such as the use of security-vetted counsel, can continue.
Under these arrangements, national security bodies will now be under the same duty to notify as other public authorities, but we have a limited provision to ensure that the right public authority is making the notification, and that this happens in an orderly and secure manner. While the Government support removing this exemption, nothing in this Bill, and none of its practical effects, change our position, which is that national security and the safety of our citizens and public servants must never be compromised.