Cyber Security and Resilience (Network and Information Systems) Bill

Debate between Oliver Dowden and Matt Western

2nd reading
Tuesday 6th January 2026 Commons Chamber

[Sir Oliver Dowden (Hertsmere) (Con)]

It is a pleasure to follow the hon. Member for Newcastle upon Tyne Central and West (Dame Chi Onwurah), who has brought tremendous expertise to this debate. In my previous role overseeing national resilience and cross-Government co-ordination of national security threats, cyber-security was probably the one area that caused me the greatest number of sleepless nights. There has been a lot of talk in recent months and years about the increased need to defend the realm and the steps that need to be taken to address the defence of the realm.

We all know from past experience that the first line of any attack on the defence of the realm is highly likely to be through cyber-attacks. Indeed, in a completely different context, we need only to look at the public comments made by the President of the United States a couple of days ago about the first steps that the United States took in its intervention in Venezuela: he talked about the United States’ capability to knock out the power supply there. If we look at our adversaries, particularly Russia, North Korea and Iran, we can see that they are actively inculcating and encouraging environments in which cyber-attacks can be planned and take place. Whether that is done explicitly by private sector individuals or with the connivance of the state, a deliberate grey zone is created, with the desire to increase knowledge of cyber-risks to the United Kingdom and our allies, and to carry out penetrative attacks to that effect. We are likely to see this grey zone warfare continue to increase as a result of the actions that we see in Ukraine and elsewhere.

We just have to look at our own experience. Many hon. Members have made the point that the initial attack on JLR rapidly cascaded and affected many others in the supply chain. From the Government’s own research and testing—this is in the public domain—one sees that a cyber-attack can rapidly cascade into other areas. For example, when we test the impact of a cyber-attack on our electricity system, it rapidly cascades into our water system, which is dependent on electricity. Clearly, it also rapidly cascades into our transport system. Before long, a small cyber-attack becomes a very, very large cyber-attack. In common with all other advanced countries, the United Kingdom is highly exposed to cyber-attacks—a point that I made repeatedly from the Dispatch Box.

I welcome this legislation and the steps that the Minister has outlined today, but I gently caution against what he said. I do not think it was his intention, but he said that this legislation will fix the cyber-security problem. It will not fix the cyber-security problem. No single piece of legislation is ever going to fix the cyber-security problem, nor is this a question of good guys and bad guys or of, “The last Government did nothing, and this Government are doing something.” Each Government must have a fresh look at the challenges of cyber-security, and take necessary and proportionate steps to address the risks.

[Matt Western]

Given the right hon. Gentleman’s extensive experience, it is very interesting to hear what he says. If he had his time again—this is not to criticise the previous Government, but to ask about the here and now—would he think that this area needs an absolute focus from across Government and across society, because it is such a crucial part of our defence?

[Sir Oliver Dowden]

Yes, I totally agree. Indeed, that is why the National Cyber Security Centre, working in conjunction with the last Government and now the current Government, has set out the whole-of-Government approach. It cannot just be about the actions of individual Government Ministers or individual actors in the private sector; the whole of Government need to act together.

On the further steps we could and should have taken—this goes back to my intervention on the Minister—I do think that more pressure needs to be brought to bear on Ministers in terms of their accountability for cyber-security, and I fear that if we do not put this into primary legislation, it can slip further and further down Ministers’ in-trays. Although Ministers have a desire to address it, more pressing and immediate problems distract their attention.

I have some constructive suggestions about how we can improve the proposed legislation. The first is about many of the powers being delegated to secondary legislation or ministerial direction. I do not have a problem with that, because it is essential that we have a framework piece of legislation and then the flexibility to allow secondary legislation to be brought forward to address challenges as they arise, but I urge Ministers to undertake a meaningful and mandatory consultation on any secondary legislation that comes forward, so that businesses and others can contribute to it.

I also caution against Ministers devolving to regulators their duties in respect of cyber-security. Too often—again, this applies to Governments of both colours—regulators are empowered to address cyber-security problems or any other problems. They then charge off in one direction and fail to take into account questions such as proportionality—the impact of the regulations versus their economic burden—and Parliament and Ministers cease to have a significant role. I urge Ministers to keep a tight grip on regulators and on the instructions that they give them.

I would also be a little cautious about some of the arguments made by hon. Members about the need constantly to expand the scope of this legislation to further areas of the private sector. It is very easy for us in this Chamber to talk about the need for further legislation, but when a small business is faced with a huge Act and required to interpret it, it looks a very daunting prospect. My preference would be to continue the sort of co-operation that we have seen through the whole-of-society approach advocated by the NCSC.

On proportionality, I urge Ministers to embrace AI. There are opportunities to use AI to triage incoming attacks and avoid duplication, for example, and a lot of streamlining of the system can be done in that area. On the flipside of AI, we must take very seriously the risk of cyber-attacks posed by agentic artificial intelligence. It appears that we reached an inflection point in November 2025, when Anthropic reported disrupting what it described as the first large-scale cyber-espionage campaign executed largely via agentic AI. We are likely to see much more of this. I would welcome the Minister saying in his concluding remarks what the Government intend to do to ensure that we keep up with this threat, because we are only in the foothills of the risk posed by agentic AI.

Further to the point about the role of the public sector, 40% of incidents handled by the National Cyber Security Centre when I was the Minister responsible were from the public sector, so I question the exclusion of the public sector. I appreciate that the Government have announced a plan. I have not had a chance to look at it, but I can imagine what it contains broadly. The key thing is what stick is applied to public officials and Ministers, outside the core responsible Government Departments, to make sure that they take their responsibilities seriously, so I think some legislative proposals may be needed in that area.

Similarly on budgets, again the core responsible Departments—the Cabinet Office and the Department for Science, Innovation and Technology—will prioritise cyber-security. I fear that other Departments may not, so there is a strong argument for ringfencing cyber-security budgets for all Departments so that money cannot be transferred to more pressing short-term problems, as has often been the case, particularly, for example, in the NHS.

It is very important that we do not overlook the basics. It is very easy to talk about legislation or to talk in high-level terms about threats, but probably the single biggest thing we could do to deal with cyber-risks in this country is to make sure that every time every single business and private individual gets one of those annoying pings on their phone saying that they need to upgrade their software to the latest operating system—it is the same with their PCs, iPads and so on—they do so. That is done by providers, because they know that there is a cyber-risk, and there is a patch to address it. If the patch is applied immediately, that can have a huge effect on the resilience of the whole of society, and the NCSC constantly puts out that message.

We need to look at our resilience in society as a whole when we have a major cyber-attack. We have had major cyber-attacks, but they have tended to be in just one sector, albeit with cascading effects, as with JLR. We have not yet had a whole of society cyber-attack—either one that flows out of control from a criminal attack, or a deliberate attack from a hostile state cascading widely across all of society—affecting our electricity, water supplies and so on. I fear that it is only a matter of time before that happens, and we need to look at the resilience of individuals, including the ability to have analogue systems such as battery-powered torches, rather than electric torches, and so on. I started the work on that as a Minister, and I think more needs to be done in that space.

We also need to look at the question of emergency communications. It was certainly my experience that public sector broadcasters—such as, I think, the BBC—are not required to take emergency communications from the Government in such situations. I think that is a loophole that could be exposed in such a situation.

On resilience more broadly, we are in the foothills of the impact of AI. We are going to see vast impacts on employment and how people lead meaningful lives as AI advances more and more rapidly. For the resilience of our society, this House needs to have a much wider debate—not on this Bill, but more generally—about how we address the epoch-changing challenges we are facing.

In conclusion, I think this is a welcome piece of legislation and an important step forward. My hon. Friend the Member for Hornchurch and Upminster (Julia Lopez) correctly highlighted the very important challenges, and they will need to be addressed as this Bill passes through the House. I think it is an important step forward, but it is only one step, and once this legislation is enacted, we will need to be prepared to return to this issue again and again.