British Nationality (Irish Citizens) Bill

Debate between Nigel Evans and Tom Tugendhat

3rd reading
Friday 26th April 2024 Commons Chamber

[The Minister for Security (Tom Tugendhat)]

On behalf of the Minister for Legal Migration and the Border, my hon. Friend the Member for Corby (Tom Pursglove), let me start by thanking all Members, from across the House, particularly those who served on the Bill Committee, who have engaged in debating the Bill’s merits on Second Reading, in Committee and today on Third Reading.

As many have said, this Bill is a huge credit to the right hon. Member for Belfast East (Gavin Robinson), who has rightly championed people being able to have the right to recognition as he has set out. He has conducted himself in an exemplary manner, not only with my ministerial colleague, who speaks highly of him and has been grateful for the engagement he has had in recent weeks and months, but with Home Office officials. As others have noted, the right hon. Gentleman has been persistent, diligent and challenging where the answers have not always been forthcoming as quickly as he would have liked. He has managed to get the right answers and to get them written down, so it is a huge testament to him that the Bill has secured cross-party support.

On Second Reading, Madam Deputy Speaker noted the “good-natured and constructive debate” that had taken place. I am pleased that that has continued, although I am not surprised; in the Government’s view, this Bill is doing the right thing and will make a real difference to Irish nationals and to those who have made their homes here in the UK and want to take the next step to become British citizens.

As we sit here, I am reminded of the words of our late sovereign, Her Majesty Queen Elizabeth, when she spoke in 2011 on the occasion of her state visit to the Republic of Ireland:

“no one who looked to the future over the past centuries could have imagined the strength of the bonds that are now in place between the Governments and the people of our two nations”.

What the right hon. Gentleman is doing today is making that recognition a little clearer, fresher and more meaningful.

My hon. Friend the Minister for Legal Migration and the Border also asked me again to reflect on the unique position that Irish nationals hold within the UK. I hope the right hon. Gentleman will forgive me for straying when I reflect on not an arbitrary group of individuals, but my own family. Like many in the UK, I have family going back to what is now the Republic of Ireland but was then the island of Ireland as part of the United Kingdom. They were from Limerick, and my father exercised his rights and secured an Irish passport a number of years ago. That connection is something that many of us see not just in the living expression of our ancestry, but in the history of freedom that our citizens have secured together. We do not need to look down many of the memorials here in England before we start seeing names that are clearly from the island of Ireland and realise that our shared struggle for freedom is reflected, sadly, in the pain of loss of families across these islands.

Irish nationals already enjoy the right to work, study and vote, alongside having benefits such as access to our health service and social welfare. The common travel area arrangements for Irish nationals are now in statute under 3ZA of the Immigration Act 1971. That protects the ability of Irish nationals to enter and live in the UK without needing a grant of immigration, leave to enter or remain. That relationship is reciprocated by the Irish Government in regard to British citizens entering Ireland and this strengthens the relationship between our two countries. Indeed, the right to hold and to live both identities was also guaranteed in the Belfast/Good Friday agreement, and many people have exercised it. Indeed a member of my private office who luxuriates under the joint nationality exercises it to this day.

Irish nationals who are exercising their rights to live and work in the UK must currently undertake the naturalisation process to gain British citizenships. There are many requirements associated with naturalisation. There are many requirements associated with naturalisation, such as a period of residence—usually five years—which is replicated in the Bill. However, many immigration requirements for naturalisation are designed for those who require formal grants of leave. It is not right to fully apply those to Irish nationals seeking to obtain British citizenship. Equally, the need to demonstrate competence of language—usually English, although Welsh and Scots Gaelic are also options—and to pass the life in the United Kingdom test seems at odds with the position of Irish nationals in the United Kingdom. We are glad that they do not feature in this Bill.

This issue has been raised in the House previously by hon. Members, such as the hon. Member for East Londonderry (Mr Campbell). Likewise, it has been discussed by Lord Hay of Ballyore, who sits in the other place—as an aside, a member of my private office has decided quite extraordinarily to go and run a marathon in Donegal this weekend, for which I can only wish him good luck. They have highlighted the strong feeling about the issue, in addition to the cost of naturalisation. My hon. Friend the Member for Corby would like to express his happiness with the Bill and the improvements it makes to our statute book.

Although the Government supported the underlying principles of the Bill, full Government support was dependent on the Bill being amended. Thanks to the right hon. Member for Belfast East and the constructive approach that has characterised the Bill, those amendments were readily included. Following the actions of Committee members who scrutinised and debated the Bill, the amendments have passed and the Government are able to offer their full, unbridled and unconditional support as it completes its way through the House and moves to the other place.

The Bill as introduced to the House allowed for only people born in Ireland after 31 December 1948, having been resident in Northern Ireland for five years, to register as British citizens. The right hon. Member and the whole House will know that before that date, citizens could not have been born in the Republic of Ireland as the Republic had not been declared, so they were automatically eligible for British citizenship.

The right hon. Member will forgive me for expressing that his modest initial proposal did not recognise the idea that he and I both share: the United Kingdom is whole and integral, and therefore citizenship laws that apply in Northern Ireland, as he has suggested, should apply to the rest of the United Kingdom, except when a particular treaty—the Good Friday agreement, for example—changes elements of that. I am glad that he has welcomed—as I knew he would—the expansion of the Bill to the whole United Kingdom.

Following the amendments made in Committee, the Bill’s provisions will apply to all eligible Irish nationals of all ages who live anywhere in the United Kingdom for five years. As noted by my hon. Friend the Member for Corby on Second Reading, the amendments made in Committee have done that, first, by making the route available to Irish nationals—regardless of how they became Irish—and not just those born in Ireland. Those covered by the provisions of the Bill as it was introduced will still be included, but the amended Bill is more expansive in approach. It will give all eligible Irish nationals a more straightforward pathway to becoming a British citizen.

Secondly, it does not have a requirement that an Irish national must have been born after a certain date. Under the amended Bill, people born on or before 31 December 1948 will have the same opportunity to make use of it as people born after that date. Thirdly, qualifying residents can be from any part of the United Kingdom, not just Northern Ireland. That ensures that all eligible Irish nationals resident anywhere in the United Kingdom will be able to make use of this important piece of legislation. That reflects the important point that becoming a British citizen is about a tie to the whole United Kingdom, not just one constituent part, even were we to expect its uptake to be proportionately more in Northern Ireland. I know that the right hon. Member for Belfast East agrees strongly with that.

The Bill will add a new registration route to the British Nationality Act 1981. It seeks to insert a new section 4AA to allow any Irish national who has completed the qualifying residential period in the United Kingdom to be registered as a British citizen if they apply and meet the requirements. The requirements are a period of five years’ lawful residence without excess absences, a specific assessment of the 12 months prior to the application, and being of good character. The Secretary of State would of course retain discretion over the residential requirements, allowing him or her to treat them as having been met even when they have not, where the exceptional circumstances of a particular case merit doing so.

In keeping with other applications for British citizenship, albeit not on the face of the Bill, Irish nationals would also be expected to enrol their biometrics and successful applicants aged 18 or over would be required to attend a citizenship ceremony. It would be remiss of me not to highlight that this Bill, alongside all other residential application routes for British citizenship, is subject to the relevant sections of the Illegal Migration Act 2023 on citizenship applications. I do not need to revisit the Government’s position in this area, as agreed by Parliament in passing that Act.

A question came up from my hon. Friend the Member for Hyndburn (Sara Britcliffe) about reciprocal requests to the Irish Government. That is a matter for the Irish Government, but I have to say we have an extremely friendly relationship with the Irish Government; indeed, the elevation of the new Taoiseach in recent days was a matter for some celebration to many of us. He has been a friend for a number of years. I am sure he will serve the Irish people extremely well, and I hope that the friendship we have developed over the years may see an evolution in this area—but that is a matter for them, not for us.

My hon. Friend the Member for Corby would like to reiterate his acknowledgement that the right hon. Member for Belfast East is not in agreement with the Government over the aims of the Illegal Migration Act. However, it is necessary to ensure a consistent approach across the statute book, even if it is highly unlikely that an Irish national would ever fall foul of that Act’s provisions.

Furthermore, my hon. Friend the Member for Corby is cognisant of the discussion to be had around fees for this registration route and notes the questions and comments that were raised in Committee on that point. As Members of this House may be aware, the unit costs for border and migration services are reviewed annually, an exercise that is currently under way following the financial year end. The unit costs for the proposed route will form part of that annual review, to ensure consistency in that calculation; once that is completed, my hon. Friend will be able to engage further with the right hon. Member for Belfast East in that space.

I must make clear, as my hon. Friend the Member for Corby also did, that this is intended not to be a profitable scheme for the Government, but merely a way of recognising that there is a cost, and it would be right that that cost fell on those exercising this right and not on every citizen. This Bill has enjoyed varied and cross-party discussion and debate on its journey through the House. That discussion facilitated the amendments passed in Committee, which will expand the number of Irish nationals in the United Kingdom who may make use of the provisions to obtain British citizenship.

From early in the life cycle of this Bill, it was and continues to be the Government’s belief that a dedicated route for Irish citizens will reduce the burden for such applicants and create a more straightforward process to becoming a British citizen for our closest neighbours. The establishment of a dedicated route could potentially also allow for a lower fee to be charged, although I have already highlighted that that must be considered in line with ongoing work surrounding the border and migration services fees.

The Government are unequivocal in our support for the underlying principles of the Bill, which was first introduced by the right hon. Member for Belfast East, and we are pleased to provide our full support for the Bill as amended in Committee. My hon. Friend the Minister for Legal Migration and the Border and I would like once again to concur with and congratulate the right hon. Gentleman on his success in the ballot and on helping the Government to find a way to correct the issue in our nationality system. I personally congratulate the right hon. Gentleman and wish his important Bill well as it moves through to the other place. It will make a welcome amendment to our current legislation—one that I hope will be exercised by those who have rightly and in a most welcome fashion made their home among us and are part of our lives today.

[Mr Deputy Speaker (Mr Nigel Evans)]

With the leave of the House, I call Gavin Robinson.

Prevention and Suppression of Terrorism

Debate between Nigel Evans and Tom Tugendhat

Wednesday 24th April 2024 Commons Chamber

[Mr Deputy Speaker]

Minister, you can finish now.

[Tom Tugendhat]

And with that, Mr Deputy Speaker, I commend the order to the House.

[Mr Deputy Speaker]

I was rather hopeful that you would just get in under the wire, but thank you none the less.

Question put and agreed to.

Economic Crime and Corporate Transparency Bill

Debate between Nigel Evans and Tom Tugendhat

Report stage
Wednesday 25th January 2023 Commons Chamber

[Tom Tugendhat]

I thank my hon. Friend the Chair of the Justice Committee. As he knows, this is an area of great interest and for further discussion, which we are indeed looking at taking forward.

I finish by saying an enormous thank you to the Bill team, who are in the Box today—Tom Ball and the rest of the clan—who have done a fantastic job on Burns night, of all times. Because it is a time for us to find that we are no longer wee and tim’rous beasties, but are instead going to look for that fair trojan of the human race, the “puddin’-race”—forgive me—I look forward very much to being freed of the Dispatch Box and skipping off to the whisky and the haggis. On that, Mr Deputy Speaker, thank you.

[Mr Deputy Speaker (Mr Nigel Evans)]

Lucky Minister. I call the shadow Minister.

National Security Bill

Debate between Nigel Evans and Tom Tugendhat

Report stage
Wednesday 16th November 2022 Commons Chamber

[The Minister for Security (Tom Tugendhat)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 1—Offence of failing to declare participation in arrangement required to be registered.—

“(1) A person who carries out an activity, or arranges for an activity to be carried out, in the United Kingdom pursuant to—

(a) a foreign activity arrangement required to be registered under section 61(1), or

(b) a foreign influence arrangement required to be registered under section 64(1)

must declare that they are party to the arrangement, when making a communication to those in section 65(2)(a)(i) to (vi).

(2) A person who breaches the requirement in subsection (1) commits an offence.”

This new clause makes it an offence for a person to engage in activity pursuant to a foreign activity or foreign influence arrangement which is required to be registered, if the person does not declare that they are party to the arrangement when communicating with those in section 65(2)(a)(i) to (vi).

New clause 2—ffence of carrying out activities under a foreign activity arrangements: Disqualification from Parliament—

“(1) A person who is a Member of the House of Commons or the House of Lords commits an offence if—

(a) the person carries out an activity, or arranges for an activity to be carried out, in the United Kingdom pursuant to a foreign activity arrangement, and

(b) the persons knows, or ought reasonably to know, that they are acting under the direction of a specified person.

(2) A person who is found guilty of an offence under subsection (1), and is a Member of the House of Commons, is disqualified from membership of the House of Commons.

(3) A person who is found guilty of an offence under subsection (1), and is a Member of the House of Lords, is disqualified from sitting or voting in the House of Lords, and sitting or voting in a committee of the House of Lords or a joint committee of both Houses.

(4) In this section, “foreign activity arrangement” has the same meaning as in section 61(2).”

This new clause would automatically disbar Members of the House of Commons and Lords who are found guilty of engaging in an activity pursuant to a foreign activity arrangement, where the person knows, or ought reasonably to know, that they are acting under the direction of a specified person.

New clause 3—Reviews of Parts 1, 4 and 5—

‘(1) The operation of Parts 1, 4 and 5 of this Act must be reviewed by a person, or people, appointed by the Secretary of State.

(2) The operation of Part 4 must be reviewed by the person appointed by the Secretary of State under section 36(1) of the Terrorism Act 2006.

(3) The operation of Parts 1 and 5 must be reviewed by either—

(a) the person appointed by the Secretary of State under section 36(1) of the Terrorism Act 2006, or

(b) a different person appointed by the Secretary of State.

(4) Reviews under this section must be carried out in respect of—

(a) the 12-month period beginning with the day on which any section in this Part comes into force, and

(b) each subsequent 12-month period.

(5) Each review under subsection (1) must be completed as soon as reasonably practicable after the period to which it relates.

(6) The person or people mentioned in subsections (2) and (3) must send to the Secretary of State a report on the outcome of each review carried out under subsection (1) as soon as reasonably practicable after completion of the review.

(7) On receiving a report under subsection (6), the Secretary of State must lay a copy of it before Parliament.

(8) Section 36(6) of the Terrorism Act 2006 shall be read such that the “expenses” and “allowances” mentioned therein may include the discharge by the person or people of their functions under this section.’

New clause 4—Reporting on disinformation originating from foreign powers—

“(1) The Secretary of State must appoint a person or body to review the extent of disinformation originating from foreign powers which presents a threat, or potential threat, to national security.

(2) A review under subsection (1) must include an assessment of the extent of foreign interference in elections.

(3) A review under subsection (1) may include—

(a) examining the number and scale of offences committed, and estimating the number and scale of instances where an offence is suspected to have been committed, under—

(i) section 13, where Condition C is met, and

(ii) section 14,

and,

(b) any other matters the person or body considers relevant to the matters mentioned in subsections (1) and (2).

(4) The person or body appointed under subsection (1) may be the Intelligence and Security Committee of Parliament, or another person or body the Secretary of State considers appropriate.

(5) A review must be carried out under this section in respect of—

(a) the 12-month period beginning with the day on which section 13 comes into force, and

(b) each subsequent 12-month period.

(6) Each review under this section must be completed as soon as reasonably practicable after the period to which it relates.

(7) The person or body must send to the Secretary of State a report on the outcome of each review carried out under this section as soon as reasonably practicable after completion of the review.

(8) On receiving a report under subsection (7), the Secretary of State must lay a copy of it before Parliament.

(9) The Secretary of State may pay to the person or body—

(a) expenses incurred in carrying out the functions of the reviewer under this section, and

(b) such allowances as the Secretary of State determines, except where financial provision is already made to the person or body for the discharge of the person or body’s functions, of which this section may form part.”

New clause 5—Proceedings relating to safety or interests of the United Kingdom—

“(1) This section applies where a court is considering proceedings under Part 1 of this Act, where the proceedings involve the safety or interests of the United Kingdom.

(2) In proceedings to which this section applies, the court must take account of how the interests of the Secretary of State or of the Government of the United Kingdom may differ from the interests of the United Kingdom, in order to satisfy itself that the interests of the United Kingdom have been appropriately identified and considered.”

New clause 6—Ministerial conduct—

“(1) This section applies in relation to any Minister of the Crown who engages with, or intends to engage with, or ought reasonably to know that they are about to engage with, a person who is a part of a foreign intelligence service.

(2) A Minister of the Crown may only engage with such a person if either of the following conditions are met—

(a) a senior civil servant is formally present at or party to the engagement, and a formal record of the engagement has been made by the senior civil servant; or

(b) a senior civil servant is not formally present at or party to the engagement, and a formal record of the engagement has not been made by a senior civil servant, but the written consent of the Prime Minister has been sought by the Minister of the Crown, and has been granted and formally recorded in writing.

(3) In this section “engagement” includes meeting in person or via electronic means, and corresponding in writing or via electronic means.”

New clause 7—Requirement to inform public of prohibited places—

“The Secretary of State must by regulations make provision so as to ensure that the public are given sufficient notice—

(a) that a location is a prohibited place within the meaning of section 7;

(b) of the circumstances in which an offence may be committed under sections 4 to 6 in respect of that prohibited place.”

This new clause would place an obligation on the Secretary of State to make regulations providing for the public to be given notice of prohibited places and the conduct which would amount to a criminal offence in relation to them.

New clause 11—Home Office review of the Tier 1 (Investor) visa scheme—

“Within two weeks of the passage of this Act, the Secretary of State must publish any findings of the Home Office review of the Tier 1 (Investor) visa scheme which relate to foreign influence activity.”

New clause 12—Report on actions taken in response to the ISC report on Russia—

“Within six months of the passage of this Act, the Secretary of State must lay before Parliament a report on the effect of the action taken by the Government in response to the recommendations of the report of the Intelligence and Security Committee of Parliament on Russia (HC 632 of Session 2019–21).”

New clause 13—Ministerial appointments: official advice—

“(1) The Cabinet Secretary must publish a memorandum in respect of any ministerial appointments made by the Prime Minister, where advice or concerns were communicated to the Prime Minister by civil servants that the appointment may be counter to the safety or interests of the United Kingdom.

(2) A memorandum under this section must set out that advice or concerns were communicated to the Prime Minister by civil servants, and in respect of which ministerial appointments.

(3) A memorandum under this section may not include details of the advice or concerns, where the Cabinet Secretary considers that inclusion of those details may be prejudicial to the safety or interests of the United Kingdom.”

New clause 14—Report requirement: Protecting democratic institutions and processes—

“(1) The Secretary of State must lay before Parliament a report, as soon as practicable after the end of—

(a) the period of 12 months beginning with the day on which this Act is passed, and

(b) every subsequent 12-month period,

on his assessment of the impact sections 13 and 14 of this Act have had on protecting the integrity of the UK’s democratic processes.

(2) In this section “democratic processes” includes local democracy.”

Amendment 116, in clause 1, page 1, line 10, after “safety or” insert “critical”.

This amendment seeks to clarify the tests to be met before the offence of obtaining or disclosing protected information is committed.

Amendment 17, page 1, line 15, after “article” insert “with a Government Security Classification of Secret or Top Secret”.

This amendment would confine the offence of obtaining or disclosing protected information to information that has been classified as secret or top secret (rather than to all information access to which is restricted in any way).

Amendment 18, in clause 2, page 2, line 18, at end insert “(ca) the person’s conduct is prejudicial to the safety or interests of the United Kingdom, and”.

This amendment would narrow the scope of the offence of obtaining or disclosing trade secrets so that it applies only to trade secrets that would prejudice the safety or interests of the UK.

Amendment 117, page 3, line 1 , after “national” insert “, a UK resident, or a person in the employment of a UK person as defined in paragraphs (b) or (c)”.

Government amendments 40 to 42.

Amendment 19, in clause 3, page 3, line 32, after “Kingdom” insert “which are prejudicial to the safety or interests of the United Kingdom”.

This amendment would narrow the scope of the offence of assisting a foreign intelligence service in respect of activities within the UK so that it applies only to assistance that would prejudice the safety or interests of the UK (rather than to assistance of any kind).

Government amendment 43.

Amendment 119, page 4, line 7, at end insert—

“(aa) with the knowledge and consent of the UK security and intelligence services,”.

This amendment would clarify that activities undertaken with the knowledge and consent of the UK security and intelligence services would not constitute a criminal offence under this clause alone.

Amendment 120, in clause 4, page 5, line 17, at end insert—

“(7) No offence is committed under (1) if the conduct is for the purposes of protest, unless the conduct is prejudicial to the safety of the United Kingdom.”.

This amendment would restrict the circumstances in which access to a prohibited place for the purposes of protest would amount to an offence under this clause.

Amendment 20, in clause 5, page 5, line 25, at end insert—

“(ba) the conduct is prejudicial to the safety or interests of the United Kingdom,”.

This amendment would confine the offence of unauthorised entry etc to a prohibited place so that it applies only to entry etc that is prejudicial to the safety or interests of the UK.

Amendment 133, page 5, line 33, leave out “includes” and insert “may, depending on the circumstances, include”.

This amendment would mean taking a photograph or other recording of a prohibited place was not automatically a criminal offence of inspecting that place, but would depend on the circumstances.

Amendment 21, in clause 6, page 6, line 17, leave out paragraph (c).

This amendment would remove the power of the police to order a person to leave an area “adjacent to” a prohibited place.

Amendment 22, page 6, line 28, after “(2)” insert “, (a)”.

This amendment is consequential on Amendment 23.

Amendment 23, page 6, line 30, after “Kingdom” insert “, and (b) without prior authorisation by an officer of at least the rank of Inspector, unless obtaining that authorisation is not reasonably practicable”.

This amendment would impose a requirement that a police officer obtains authorisation from a more senior officer before exercising powers under clause 6.

Amendment 24, page 6, line 32 at end insert “which was necessary to protect the safety or interests of the United Kingdom and proportionate to that aim.”

This amendment would narrow the offence of failing to comply with an order made by a police constable in relation to a prohibited place so that it applies only to an order that was necessary and proportionate to protecting the safety or interests of the UK.

Amendment 25, in clause 7, page 6, line 37, after “means” insert “a place, entry to which could pose a risk to the safety or interests of the United Kingdom, and which is”

This amendment would narrow the definition of prohibited place so that it applies only to locations relevant to the safety and interests of the United Kingdom (rather than any Ministry of Defence land).

Government amendments 44 and 45.

Amendment 121, in clause 8, page 8, line 21, leave out “or interests”.

This amendment would restrict the power to designate additional prohibited places by regulation to where it was necessary to protect the safety of the United Kingdom.

Amendment 26, in clause 11, page 10, line 8, leave out paragraph (c).

Government amendments 46 and 47.

Amendment 14, page 20, line 35, leave out clause 27

Government amendments 48 and 49.

Amendment 124, in clause 28, page 21, line 23, at end insert—

“(2A) However, the conduct in question, or a course of conduct of which it forms part, is not to be treated as carried out for or on behalf of a foreign power if financial or other assistance of a foreign power under (2)(c) is provided otherwise than specifically for the conduct or course of conduct.”

This amendment ensures that organisations that receive funding from foreign powers are not guilty of offences under this act if that funding was not for the conduct or course of conduct that would otherwise amount to the offence.

Amendment 30, in clause 30, page 22, line 40, leave out paragraph (c).

This amendment would narrow the definition of foreign power threat activity to remove giving support and assistance (including that unrelated to espionage activity) to a person known or believed to be involved in offences under the Bill (but would retain conduct which facilitates or is intended to facilitate such offending).

Government amendment 50.

Amendment 118, in clause 31, page 23, line 25, at end insert—

““critical interests of the United Kingdom” include security and intelligence, defence, international relations, law and order, public health and economic interests;”.

This amendment seeks to clarify the tests to be met before the offence of obtaining or disclosing protected information is committed.

Amendment 125, in clause 37, page 26, line 25, leave out “reasonably believes” and insert “believes on the balance of probabilities”.

This amendment would apply the usual civil standard of proof in relation to decision to impose Prevention and Investigation Measures.

Amendment 126, in clause 38, page 27, line 35, leave out “four” and insert “two”.

This amendment would mean the Secretary of State could seek to extend a part 2 notice on two occasions rather than four.

Amendment 31, in clause 43, page 30, line 21, leave out from beginning to “before” in line 22 and insert “The chief officer of the appropriate police force must confirm to the Secretary of State that the condition in subsection (2) is satisfied before”.

This amendment, together with amendments 16 to 18, would require the Secretary of State to receive confirmation from the police that prosecution is not realistic before imposing a PIM, rather than requiring only a consultation on the subject.

Amendment 33, page 30, line 28, leave out “The matter is whether there is” and insert “The condition is that there is not”.

Amendment 34, page 31, line 14, leave out “responding to consultation” and insert “providing confirmation”.

Amendment 32, page 31, line 26, leave out “(1) or”.

Amendment 35, in clause 53, page 38, line 13, leave out “this Part” and insert “Part 1 and Part 2”.

This amendment would extend the review function of the Independent Reviewer to cover Part 1 of the Bill in addition to Part 2.

Amendment 3, in clause 58, page 41, line 8, at end insert—

“(2) Within three months of the passing of this Act, the Secretary of State must publish a statement setting out how the Secretary of State intends to exercise the power under this section. The statement must include a list of illustrative examples of the kinds of contracts or other arrangements this power relates to.”

Government amendments 61 and 62.

Amendment 130, in clause 61, page 43, line 19, after “P” insert “, whether directly or through intermediaries”.

This amendment would make clear that those making a foreign activity arrangement via intermediaries, would be required to register the arrangement.

Government motion to transfer subsection (2) of clause 61.

Government amendments 63 to 65.

Government motion to divide clause 61.

Government amendments 66 to 74.

Government motion to transfer subsection (2) of clause 64.

Government amendments 75 to 83.

Government motion to divide clause 64.

Government amendments 84 to 94.

Amendment 15, in clause 68, page 48, line 20, leave out paragraph (b).

Amendment 16, page 48, line 25, leave out paragraph (b).

Government amendments 95 to 101.

Amendment 131, in clause 70, page 51, line 10, at end insert—

“(3A) The information required of the person to whom an information notice is given must be limited to information the Secretary of State deems reasonably necessary to ensure the person is complying with the requirements of this Part.”

This amendment would place restrictions on the type of information the Secretary of State can require under clause 70.

Government amendments 102 to 108.

Amendment 1, in clause 75, page 53, line 39, at end insert—

“(h) an offence under section [Offence of failing to declare participation in arrangement required to be registered] committed in relation to a foreign activity arrangement required to be registered under section 61(1).”.

This amendment is consequential on NC1.

Government amendment 109.

Amendment 2, page 54, line 23, at end insert—

“(h) an offence under section [Offence of failing to declare participation in arrangement required to be registered] committed in relation to a foreign influence arrangement required to be registered under section 64(1) .”.

This amendment is consequential on NC1.

Government amendments 110 to 112.

Amendment 8, Page 56, line 4, leave out Clause 79.

Amendment 9, Page 56, line 26, leave out Clause 80.

Amendment 36, in clause 80, page 56, line 31, at end insert—

“(ba) the court is satisfied that any damages awarded to the claimant in those proceedings are likely to be used for the purposes of terrorism,”.

This amendment would remove the duty on the court to consider reducing damages in clause 58, unless the court considered the damages were likely to be used for the purposes of terrorism.

Government amendments 51 to 53.

Amendment 37, page 57, line 18, at end insert “or which it would award under section 8 of that Act had the claim been brought under it.”.

This amendment would prevent the reduction of damages in claims that could have been brought as a human rights claim under the HRA 1998 but were in fact brought on other grounds.

Amendment 10, page 57, line 30, leave out clause 81.

Amendment 11, page 58, line 5, leave out clause 82.

Amendment 12, Page 59, line 10, leave out clause 83.

Amendment 38, Page 59, line 14, leave out clause 84.

This amendment, together with Amendment 39, would remove the proposed limits on access to legal aid for persons with a conviction for a terrorism offence and the consequential power to make information requests related to those limits.

Amendment 5, in clause 84, page 59, line 29, leave out “F” and insert “G”.

Amendment 6, page 60, line 11, at end insert—

“(7A) Condition G is met where the offender is seeking legal aid for the purposes of—

(a) pursuing a civil order, where the purpose of the order is to protect a victim of domestic abuse, or

(b) participating in family court proceedings, and where the offender is a victim of domestic abuse.”.

Amendment 7, page 61, line 6, at end insert—

“”domestic abuse” has the same meaning as in the Domestic Abuse Act 2021;”

Amendment 39, page 61, line 15, leave out clause 85.

See explanatory statement for Amendment 38.

Government amendment 113.

Government new schedule 1—Control of a person by a foreign power.

Government new schedule 2—Exemptions.

Amendment 128, schedule 3, page 88, line 31, leave out sub-paragraph (4).

This amendment would prevent a disclosure order from having effect where disclosure is protected by an enactment.

Amendment 129, schedule 4, page 94, line 29, leave out sub-sub-paragraph (b), and insert—

“(b) there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation; and

(c) there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.”

This amendment would require the court to be satisfied of the same tests for customer information notices as set out in relation to disclosure orders in Schedule 3.

Government amendment 54.

Amendment 4, schedule 6, page 100, line 19, at end insert—

“(1A) A place designated by the Secretary of State under sub-paragraph (1) must be subject to an independent inspection by—

(a) Her Majesty’s Inspectorate of Constabulary, or

(b) a different person or body appointed by the Secretary of State.”.

Government amendment 55.

Amendment 27, page 104, line 12, leave out sub-paragraphs (4) and (5).

This amendment would prevent it being permissible to delay informing a named person of an individual’s detention under clause 21, or that individual consulting a solicitor, for the purposes of asset recovery.

Amendment 123, page 112, line 13, leave out from “if” to the end of line 20, and insert “the person has previously been convicted of an offence under this Act.”

This amendment would restrict the circumstances in which fingerprints and samples from someone detained under clause 25 could be retained indefinitely, instead of the usual 3 years under paragraph 20(5) of Schedule 2.

Government amendments 56 and 57.

Amendment 28, page 124, line 13, leave out sub-sub-paragraphs (b) and (c).

This amendment would prevent it being permissible to postpone reviews of detention without warrant on the basis that the review officer is unavailable or, for any other reason, the review is not practicable.

Amendment 127, schedule 7, page 144, line 17, leave out paragraph 12.

This amendment would remove the power for the Secretary of State to impose participation in polygraph sessions as part of provisions in relation to Prevention and Investigation Measures.

Government amendments 58 and 59.

Amendment 13, page 175, line 1, leave out Schedule 13.

Amendment 132, schedule 13, page 176, line 29, leave out “there is a real risk that”.

This amendment would ensure the court was satisfied on the balance of probabilities that damages were to be used for terrorism purposes before frozen funds could be forfeited entirely.

Government amendment 60.

[Tom Tugendhat]

It is a pleasure to stand before the House today to introduce not just new clause 9, but many other new clauses that I and many others in this House have argued for at different times and in different places.

Relationship with Russia and China

Debate between Nigel Evans and Tom Tugendhat

Thursday 24th February 2022 Commons Chamber

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I am very pleased to be here. I pay huge tribute to my hon. Friend the Member for Isle of Wight (Bob Seely) for his prescience and timing in securing this debate. He is absolutely right: this is something that we have needed to discuss for a long time. The fact that he has got the House together to do so today is important.

This is really a debate about the future—a debate that challenges us all to think about the world in which we wish to live. We have already heard cited the kleptocracies that govern so much of our world and the threats to independent sovereign communities, such as Ukraine, that are being so violently and vilely challenged today. We have already heard about the ways in which that affects the very lives that we have here: the price of heating gas going through the roof; the price of petrol going up and up; and now, sadly, the price of wheat and therefore of basic food commodities rising higher and higher, hitting the families, the communities and the homes that we here are so privileged to represent. This is a debate not about a foreign country, not about foreign relations, but, fundamentally, about the British people and how we live our lives.

That is why I want to start by saying very clearly that this is not a time to live in fear. This is not a time to think that arrayed against us are some enormous armies against which we can do nothing, or that we should bow down, scrape and grovel, as I see some people doing today, praising Putin’s intellect, worshipping Xi’s ability to influence others through force. This is not the time, as others say, to compromise and accept the instructions of evil dictators and say, “No! Free people in Ukraine are expendable. They can suffer because they don’t matter.” That is cowardice. Worse than that, it is betrayal. It is betrayal not just of the people who are fighting for their freedom, but of the British people whose security depends fundamentally on freedoms around the world. We should call this what it is; it is treason and it is wrong.

This country can organise itself. My hon. Friend the Member for Isle of Wight described it exactly. Collecting alliances, building up partnerships, is exactly what we do. My right hon. Friend the Minister for Asia and the Middle East has been doing a huge amount of work in getting us in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. She has been building up alliances in Asia—with free countries that want to be part of the rule of law, not the rule of force. This country can do it. We can build the infrastructure that keeps us safe, that protects the weak, that ensures that small countries are not just steamrollered by larger ones, and that large countries trade freely and on the basis of equality with each other and do not succumb to the bullying ways of evil tyrants. All this is possible. Not only is it possible, it is exactly what we are doing.

Failure to do that would be a betrayal of the legacy of those heroes who fought, defended and won our freedoms, who landed at Anzio and Normandy, and who fought through Belgium into Germany. It would also be a betrayal of those Soviet armies who, in 1946, handed over criminals to the trials at Nuremberg and charged them with the crime of waging aggressive war. What an irony it is that the last time Kyiv was under attack by a foreign army it was a Nazi force doing it, and the Soviets were there to help and protect. What an irony it is to watch what is happening today.

We have in this place, in this country and with our partners the courage to do this if we choose. We can make the commitment. We can build up the partnerships and the alliances that keep us strong. Today though the question is not just about alliances, but about ourselves. We need to call out the corruption in our own city. We need to evict those who have done so much to undermine the rights and liberties of the British people. We need to seize their assets, freeze their goods and expel them.

What Russia has done today is an act of war. There is no question about it, no equivocation, and no possible excuse. The naked aggression that we have seen—the paratroopers landing, the helicopters launching, the tanks rolling—is the beginning of the first war in Europe that we have seen since 1945. [Interruption.] Yes, the first state-on-state war in Europe perhaps. We have a choice. We can turn a blind eye; we can pretend that incremental sanctions make a difference—they do not. President Medvedev laughed at them three days ago, saying that we know how this play goes: they sanction us, we ignore them and then they come crawling back for business, which, sadly, is true from 2014 and 2008. Alternatively, we can take clear action. Given that a hostile state has launched an act of war, we can act now. We can freeze Russian assets in this country—all of them. We can expel Russian citizens—all of them. We can make a choice to defend our interests, to defend the British people and to defend our international partners, or we can do what, sadly, we have done too often in the past, which is to watch until it is too late and the British people have to pay a much higher price.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will have to introduce a six-minute time limit to protect this business and the next business.