Illegal Migration Bill: Economic Impact Assessment

Rosie Winterton Excerpts

Tuesday 27th June 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend is absolutely right. There is a view expressed by some, mainly on the left, that the UK is somehow an outlier in pursuing a policy like Rwanda. I can tell him, having spoken to our European counterparts and Home Affairs and Interior Ministers in north Africa and beyond, that leaders across the world are looking to the UK not as an outlier but as a leader in this field. They are looking to the Rwanda policy as one of the most innovative and comprehensive approaches to a problem that everyone is facing. In an age of mass migration, with millions of people on the move, it is right that the UK leads. We will invest in border security, and that is the difference between us and the Labour party. [Interruption.] The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) does not want to invest in border security; we do. We will pursue the Rwanda policy, we will secure our borders, and other countries will follow our lead.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Scottish National party spokesperson.

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[Robert Jenrick]

I agree with my right hon. Friend. Border security is the first priority of any Government. We understand that, and that is why we are investing in it and ensuring that we can stop the boats. I am only surprised that the Opposition care so little about our national security.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Two weeks ago, when the Home Secretary gave evidence at the Home Affairs Committee, I asked her when the impact assessment for the Illegal Migration Bill would be published. While I welcome the fact that it has been published today, or last night, it is after the Bill has completed all its stages in the House of Commons and is three quarters of the way through the House of Lords. That is wholly unsatisfactory for Parliament to undertake its role of scrutinising Government legislation. At that Select Committee sitting, the Home Secretary also said:

However, I would also say that to my mind it is pretty obvious what the economic impact of the Bill will be. We will stop spending £3 billion a year on our asylum cost. It is a Bill that will lead to the cessation of 45,000 people in hotels and £6 million a day. To my mind, those are savings that we cannot ignore.”

The Home Secretary told the Home Affairs Committee that those savings would happen. Can the Minister help me by pointing to where those savings are in the impact assessment? I am struggling to find those figures in the document that the Government have produced.

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[Marion Fellows (Motherwell and Wishaw) (SNP)]

For the Minister’s information, Motherwell and Wishaw has been welcoming refugees for more than 100 years—Lithuanians, Vietnamese, Congolese and Syrians. Please do not make that mistake again.

The economic assessment says:

“By setting an annual cap this should reduce the inflow of people entering the UK and therefore reduce the cost associated with processing asylum claims”,

with secondary benefits—[Interruption.] I am sorry, Madam Deputy Speaker, I do not feel well.

[Madam Deputy Speaker (Dame Rosie Winterton)]

If it is okay with the hon. Lady, I will move on and I will come back to her if she wishes me to.

[Sir Christopher Chope (Christchurch) (Con)]

Will my right hon. Friend apologise for the delay in producing this impact assessment? Will he also explain to the House why the four countries of Scandinavia have been able to reduce the number of asylum applications from 239,000 in 2015 to 28,000 last year? Why have they been able to do that when we cannot? Why is our asylum process still taking longer than it ought to? The rate at which asylum applications are being dealt with is currently at its slowest ever.

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[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

The Prime Minister claims he is ready to take tough financial decisions, such as not giving our NHS heroes a pay rise, leaving them struggling to pay ever-increasing mortgages and the cost of living caused by those on the Government Benches voting measures through and crashing our economy just a few months ago. The Rwanda scheme is set to cost even more billions than the already crashed asylum system, delivered by those on the Government Benches over there. So how can the Minister truly sit there and justify spending £169,000 to send one single asylum seeker to Rwanda? I accept that the Government are working with local authorities on housing in the private sector—deregulated housing in the private sector that cannot be given to any of our people. That is what he is doing. You cannot justify what is going on here. You’ve crashed it and you go on to—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Lady is experienced enough to know that she does not address the Minister directly like that, but through the Chair.

[Robert Jenrick]

The hon. Lady is wrong on a number of counts. First, the impact assessment does not say that it costs £169,000 to send somebody to Rwanda. The figure is an indicative one based on the Syrian resettlement scheme, as I said in answer to a previous question. The partnership with Rwanda is rightly commercially sensitive, so she is wrong to draw the inference that she does. With respect to accommodating asylum seekers, we want to ensure we bring those costs down and we want the best possible relationships with local government to do just that. But the truth is that the driver of those costs is the sheer number of people crossing the channel every year. Unless we take decisive action, I am afraid that will continue to rise. That is why she should support us when the Bill returns to the Commons.

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[Robert Jenrick]

The difference is that the people to whom the hon. Gentleman has referred come here legally. We welcome people who come here legally—as visitors on tourist visas, as workers on work visas, as NHS workers on NHS and social care visas—but it is very different if people break into our country, flagrantly breaching our laws. No other country in the world would tolerate that, and neither should we.

[Madam Deputy Speaker (Dame Rosie Winterton)]

That brings us to the end of the urgent question.

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[Robert Jenrick]

Further to that point of order, Madam Deputy Speaker. Perhaps it would be helpful if I sent the hon. Lady a copy of the letter that I wrote to the Scottish Government recently, which debunks many of the points that they had raised with regard to the vessel in Leith. If there is still time, the hon. Lady could ask them to change their mind, because if they are willing to accommodate Ukrainians, surely, given how strongly they feel about asylum seekers, they would want to do the same in this instance.

[Madam Deputy Speaker]

I am not entirely sure—

[Alison Thewliss]

rose—

[Madam Deputy Speaker]

Order. Let me speak.

I am not entirely sure that anyone is asking me to do anything. It seems to me that we are slightly prolonging the exchanges on the urgent question, and I have to say that it is not for the Chair to adjudicate on two different points of view. I hope that if the hon. Lady wants to come back to this, there will not simply be a further exchange of views on what has already been said. A point of order should be directed at me, to ask me to do something, but the hon. Lady clearly wanted to put some points on the record. She has done that, the Minister has responded, and I think the House will now want to move on. I urge the hon. Lady, if she has something further to add, to ensure that it is relevant to the Chair. Otherwise, she might consider that she has put her points on the record.

[Alison Thewliss]

Further to the point of order, Madam Deputy Speaker. Thank you for what you have said, and I will be brief. The Minister implied, at the Dispatch Box, that Scotland does not take refugees. This is clearly a point of accuracy, because that comment was inaccurate, and I ask, Madam Deputy Speaker, whether the Minister could withdraw it.

[Madam Deputy Speaker]

Again, that is not a matter for the Chair. The hon. Lady has made her point. If the Minister felt that he had said anything inaccurate, or had inadvertently misled the House, he would be expected to correct the record at the first opportunity. I think we will leave it at that, because this has been quite a long extension of the previous exchanges.

National Security Bill

Rosie Winterton Excerpts

Consideration of Lords message
Monday 26th June 2023 Commons Chamber

[The Minister for Security (Tom Tugendhat)]

I beg to move, That this House disagrees with Lords amendment 22B.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss Lords amendment 122B, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 122B.

[Tom Tugendhat]

It is a pleasure to bring the National Security Bill back to this House. I must once again highlight the importance of the Bill’s achieving Royal Assent in a timely manner. Our police and intelligence services need the tools and powers that it contains; the longer they go without, the greater the risk to national security.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I call the next speaker, let me say that I am conscious that the debate has to finish at four minutes past 9. I know that the Minister will want five minutes at the end, and we also have to hear from the Scottish National party, so I ask people to take that into account.

I call the Chair of the Intelligence and Security Committee, Sir Julian Lewis.

[Sir Julian Lewis (New Forest East) (Con)]

Thank you, Madam Deputy Speaker.

Lords amendment 22B, accepted by the upper House last Wednesday, 21 June, requires a UK-registered political party to publish a policy statement ensuring the identification of foreign donations and providing the Electoral Commission with an annual statement showing the foreign donations received. This is the second time that the other place has amended the Bill to include such a clause. On behalf of the ISC, I spoke in favour of the previous version of the amendment when the Bill was last in the Commons, and, as Lord West stated on Wednesday, the ISC’s position remains the same: we firmly support the introduction of this provision. It is deeply concerning that the Government continue to oppose it.

In 2020, the ISC’s long-delayed Russia report highlighted the risk of foreign state-linked financial interference in UK politics. There is clearly a threat that needs to be tackled. The Committee on Standards in Public Life, in a major 2021 report on regulating electoral finance, concluded that

“the current rules are insufficient to guard against foreign interference in UK elections.”

That committee also observed that, since 2018, the Electoral Commission has supported the introduction into electoral finance regulation of risk management principles that are used for anti-money laundering checks conducted by companies. This amendment falls into that same category.

Members from both sides of both Houses have previously spoken strongly in support of the Lords amendment and, together with the evidence provided by the ISC, the Committee on Standards in Public Life and the Electoral Commission, have clearly set out why it is needed and why the current safeguards in our law are insufficient. By refusing to accept the need to update the law, the Government are rejecting the non-partisan conclusions of both Parliament and the Electoral Commission. They are inexplicably rejecting the opportunity significantly to improve the transparency and accountability of our political system by requiring political parties to take modest but important steps to identify and disclose donations received from foreign sources and states.

The Government claim to oppose this Lords amendment on the basis that the existing protections within electoral law are sufficient; that the amendment would not work in practice; and that it would place an undue burden on grassroots political organisations. Almost everyone else disagrees. The Government rely on the fact that existing electoral financing law requires political parties to check that a donor is “permissible”. Yet that misses the central point: the lack of any requirement for a political party to check the source of the funding.

There is currently no rule that political parties must conduct adequate due diligence on donors—not even donors operating in high-risk countries. Citizens domiciled abroad and companies based in the UK can donate to a political party with no questions asked about the source of the money. That applies even to companies that are making no operating profit. Why should a UK charity, or a UK company, have to undertake enhanced due diligence, under money laundering and terrorist financing law, where a donor is linked to a high-risk country, whereas a political party is exempt from that duty? Political parties surely require the highest level of protection.

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Each piece of new legislation devolving intelligence and security matters away from the bodies already overseen by the ISC must come with a commensurate expansion to the ISC’s memorandum of understanding. The Government’s last-minute amendment falls short of that and will not resolve the underlying recurrent problem.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

As the observant among you will know, I am not the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C McDonald), who is indisposed. I am sure that we all send him our best wishes for a speedy recovery.

I am very pleased to be in front of the Minister again. For those who were not paying close attention to the Home Affairs Committee last week, his delivery, rather than the content of what he was saying, was so soporific as to put my children to sleep in the Committee Room. So, for all parents who missed CBBC’s Bedtimes Stories, I recommend the Minister’s speech from this evening.

I rise to support these Lords amendments. I wish also to agree with the right hon. Member for New Forest East (Sir Julian Lewis) and what he has proposed this evening. I am disappointed to hear that he will not vote on this issue, but I understand his reasons for so doing.

In reading the Lords debates from last week, it really does seem quite odd to me that the Intelligence and Security Committee has to come to this House and beg for things that it should have by right and by prior agreement. The Committee should not have to come to the Chamber to lay amendments to try to get the information that it ought to have. In recognition of the widening landscape across different Departments and the need for accountability, it seems very sensible that the Committee should have access to the information that it seeks.

I also find the Government’s amendment a bit curious:

“The Prime Minister and the Intelligence and Security Committee of Parliament must consider whether the memorandum of understanding…should be altered (or replaced)”.

Well, the ISC has already considered that; it has done that work. It is for the Government to take that ball and to do something with it, rather than to table amendments for further consideration perhaps six months down the road. That does not seem to me something that the ISC should be waiting any longer for; it should have that information as soon as it requires it.

Let me move on to amendment 22B on political donations. Reading the Lords debate last week it seemed that there was very wide agreement on the need for this measure, with Lord Carlile, Lord Evans, Baroness Manningham-Buller and Lord West all agreeing that it was necessary, along with the Electoral Commission, the Committee on Standards in Public Life, the ISC itself and Spotlight on Corruption. The question is not the eligibility or permissibility of donors, but rather the source of those donations in the first place.

As others have said, charities and companies have to have “know your donor” and “know your customer”-type checks; “know your donor” checks for political parties ought already to happen automatically. Parties already carry out various checks, so there is no reason why that should pose an additional burden upon them. I note that a June article in Politico outlined the scale of the problem and the loopholes in the rules. The article mentioned that an unincorporated association has a threshold of £25,000 a year, after which it is subject to an additional Electoral Commission requirement: it has to report any gifts of £7,500 in a 12-month period, but only if the donations that make up that figure are of £500 or more.

Someone could have £24,999.99 and not have to report anything, but if they go over by one penny, suddenly they have to report it—and if they are a bit fly, they will know exactly what they are going to do in those circumstances. Furthermore, if someone gives £499.99, again it does not hit the threshold and it does not count. According to the Politico article, only one single group hit that £7,500 threshold, despite millions of pounds going through unincorporated associations. Some £14 million has gone through them in the past five years, and only one donation hit that threshold. That is indicative to me of a loophole, and if the Government will not do something about that just now, we have to ask why.

The Scottish Unionist Association Trust has been noted for some of the dark money funnelled through it; indeed, according to openDemocracy, it took a donation from another unincorporated association. We have layers upon layers of unincorporated associations and money sloshing through them. There needs to be a wee bit more curiosity about where that money is coming from, and a lot more accountability in accounting for that. Certainly, in the election campaigns I have been part of, none of the donations we have received have hit the £25,000 threshold. That is a lot of money for certain political parties in this country.

I note that Spotlight on Corruption has also provided a helpful briefing on those loopholes for this debate, pointing out how difficult things become in terms of the accountability and integrity of the whole system. I urge the Minister to explain why he thinks that that is not worth tackling, because it seems to me that that loophole opens up certain political parties in this country to serious risk and that we should certainly know where that money is coming from and whether it is accountable.

I would like to thank the Lords for the amendments they made to this Bill. As a person who does not really believe in the House of Lords, it should not be the case that they are improving legislation in this place, but they have done so, and the Government should take account of that, rather than continuing to undermine the good and sensible amendments made in the other place.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We still have three more speakers, so I would urge brevity.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Brevity is my middle name, Madam Deputy Speaker, as I shall illustrate in this short, pithy but powerful address.

I have only three points to make. The first is that, as members of the ISC know and as the Security Minister knows, the threats to this country are dynamic. They change rapidly and the means of countering them must change accordingly. It is critically important therefore that we understand, as the shadow Minister said, that there are foreign powers—many of them state powers, though not exclusively so—who are determined to effect things in this House through contacts with political parties, with the institution itself and with politicians. Being aware of that, we need to counter it using all the necessary methods, including legislation.

The second point is that, in order to exercise the power to protect us, those missions to do so must act in a way that is secret.

Their work cannot be transparent. They need to protect their sources, their methods and, most of all, information. To legitimise that kind of power, which is by its nature extreme, it must be accountable and it must be scrutinised. A body that does so must, by definition, have a very particular kind of constitution, in that it has to have a means and method of doing so that is itself secret.

Stop and Search

Rosie Winterton Excerpts

Monday 19th June 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

In 2021, the Home Affairs Committee inquiry into how much progress had been made in tackling racism in policing since the landmark Stephen Lawrence inquiry found, as a cross-party Committee, that the disproportionate use of stop-and-search powers against black people was even greater than it had been when Sir William’s inquiry concluded 22 years earlier. No evidence provided to the Committee adequately explained or justified the nature and scale of racial disproportionality in the use of stop-and-search powers. That has damaged confidence in the tactic and in policing by consent.

Of course, stop and search is a valid policing tactic, as the Home Secretary said, but it must be used in a focused and fair way, and underpinned by an evidence base. Can she explain what evidence base she is drawing on when she says that police forces need to “ramp up” the use of stop-and-search powers? Will she commit to commissioning a fully independent and comprehensive study of the efficacy of stop-and-search tactics, and to undertaking an equality impact assessment on this new policy?

British Nationality (Regularisation of Past Practice) Bill

Rosie Winterton Excerpts

2nd reading
Tuesday 6th June 2023 Commons Chamber

[Robert Jenrick]

The hon. Gentleman makes an important point, and he is right to make that point. I will restate it for him, if that would be helpful.

I want to be clear that the Bill is not about creating new British citizens. These are people who have always considered themselves to be British, and whom successive Governments have also considered as such. They may have lived here, worked here, had children here and organised their lives based on policy published under both Conservative and Labour Governments confirming that they are British. It is essential that we provide them with legal certainty as to their citizenship status as soon as possible, so they can continue their lives in our country with the same rights and entitlements they have always enjoyed.

I think we can all agree that this short but important Bill seeks to do the right thing by putting the citizenship status of affected individuals beyond doubt, and I urge all colleagues on both sides of the House to support its quick passage.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

I thank the Minister for that introduction and overview of the Bill. It is not often that I find myself in full agreement with him but, in this case, I am very pleased to say that we are on the same page. I am used to sparring with him—verbally, of course—on a range of topics on which we have not always seen eye to eye, but the Opposition welcome the Bill and the Government’s commitment to its expedited passage.

This is a narrow piece of legislation that addresses a specific issue. Its purpose is not to implement any changes in legal entitlements to British citizenship but, rather, to codify in primary legislation what has been the established position of successive Governments of both parties. As such, we have not seen any reason to table amendments and we are happy to work with the Government to facilitate the Bill’s swift passage and implementation.

The Bill covers individuals born in the UK to parents from EU countries between 1983 and 2000. It codifies their right to citizenship, in line with successive Governments’ understanding of the British Nationality Act 1981. Many of these people will have held a British passport for many years. However, recent litigation in the Roehrig case raised potential problems for those applying for a passport for the first time. The explanatory notes suggest that only a small number of first-time applications have been made, which the Home Office placed on hold in October 2022, as a result of the Roehrig case. The Government’s position is that the Passport Office will be able to move forward with those applications once this Bill takes effect. Beyond that, the total number of people who may be covered by this legislation remains unclear. According to the equality impact assessment:

“no official figures exist to highlight the scale of the cohort impacted. However, we have combined data from two sources to reach the conclusion that there were in the region of 167,000 children born to EEA mothers between 1983 and 2000”.

So I want to ask the Minister a few questions. I totally understand if he cannot answer all of them now, but it would be useful for the House to have some clarification. I reiterate that we are ready to support the Government in moving this Bill through Parliament as quickly as possible. My questions are primarily on issues of implementation, on which further detail of the Government’s plans would be helpful to the House. Given the substantial gaps in the official data available, does the Home Office have any plans to work with the Office for National Statistics to carry out further research on the number of people who may be affected, particularly in terms of first-time applicants for a British passport?

Secondly, the explanatory notes state that once the Bill is enacted, the Home Office will be in a position to resume the processing of passport applications placed on hold in October last year. Will the Minister confirm that that means the Passport Office will restart the decision-making process immediately upon the Bill’s entry into force? Thirdly, what steps does the Home Office plan to take to ensure that the individuals affected are provided with access to advice and support on their rights and, where relevant, on what action they may need to take to obtain confirmation of their citizenship status and whether and how they may need to apply for a passport? Fourthly, for those who have already applied for their passport and others who may wish to do so, will the Minister confirm whether there will be any expedited procedures to process such applications without any further delays? Finally, will he clarify the Government’s position on any fees that may be payable and whether there are any plans to waive fees for the applicants in question? I feel that in the coming months Members from both sides of the House may well come across some of those issues in their constituencies, and I am sure everyone would find it helpful to have that information on those points. As I say, the Opposition support this Bill and are happy to facilitate its rapid passage through Parliament.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Scottish National party spokesperson.

British Nationality (Regularisation of Past Practice) Bill

Rosie Winterton Excerpts

Committee of the whole House
Tuesday 6th June 2023 Commons Chamber

[Dame Rosie Winterton in the Chair]

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I remind hon. Members that in Committee they should not address the Chair as Deputy Speaker. Please use our names. Madam Chair, Chair, Madam Chairman or Mr Chairman are also acceptable.

Clause 1

Immigration restrictions to be disregarded in certain cases

Question proposed, That the clause stand part of the Bill.

[The First Deputy Chairman]

With this it will be convenient to consider clause 2 stand part.

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[Robert Jenrick]

I beg to move, That the Bill be now read the Third time.

If only all Home Office Bills were as smooth as this one. It is a pleasure to speak on Third Reading and to use this opportunity to thank my officials at the Home Office for the good work they have done in producing this Bill in quick time, which provides the legal certainty that a significant number of people in this country—our fellow citizens—deserve. It is absolutely right that we put their citizenship status beyond doubt as quickly as possible, so that they are in no way disadvantaged and can continue their lives with the same rights and entitlements they have always enjoyed.

I thank all those who have prioritised the passage of the Bill through the House, including the House authorities and the Bill team. I particularly thank representatives from the Project for the Registration of Children as British Citizens, the Immigration Law Practitioners’ Association and the3million, which have worked collaboratively and fruitfully with Government officials as the Bill has been developed.

I also thank the hon. Member for Aberavon (Stephen Kinnock) and the hon. Member for Glasgow Central (Alison Thewliss) for their support, which is appreciated, and Members on both sides of the House who came today to represent cases that had arisen in their constituencies. They can now report to their constituents, as we all can, that this important matter is being resolved. For the reasons I have set out, I urge all Members to support the Bill in its passage to the other place.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

[Stephen Kinnock]

I echo everything that the Minister has just said and add our thanks to his officials and all the key organisations that have played a role in shaping the Bill. I also want to say to the Minister that this is very much a one-off—this sort of outbreak of violent agreement is a bug, not a feature. As I have said, we on the Labour Benches are very happy to support the rapid facilitation of the Bill through Parliament.

[Madam Deputy Speaker]

I call the SNP spokesperson.

Points of Order

Rosie Winterton Excerpts

Monday 22nd May 2023 Commons Chamber

[Crispin Blunt (Reigate) (Con)]

On a point of order, Madam Deputy Speaker. Last Thursday, there was a debate on psilocybin access rights, a technical and detailed area of policy, changes to which are hoped to transform the effectiveness of current mental health treatments. How can Back Benchers successfully use the procedures of this House to enable debate to hold the Government to account for proposed policy changes they will not make if the responsible Minister will not reply to the debate, particularly when the debate is led by colleagues who have long made personal study of that particular area of policy, such as the hon. Member for Inverclyde (Ronnie Cowan) and myself, and not least when they are reinforced by the harrowing personal experience of hon. Members of this House such as the hon. Member for Warrington North (Charlotte Nichols)?

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am grateful to the hon. Gentleman for giving me notice of his point of order.

[The Minister for Crime, Policing and Fire (Chris Philp)]

rose—

[Madam Deputy Speaker]

The Minister is here and I believe that he would like to respond, so I suggest we ask him to make a brief response.

[Chris Philp]

Further to that point of order, Madam Deputy Speaker. Very briefly, I regret that I was not in Parliament at the time of the debate. I did give my hon. Friend the Member for Reigate (Crispin Blunt) advance notice of that. I was at the defence establishment in Porton Down at the time. As often happens, another Home Office Minister, the Minister for Immigration—a very capable Home Office Minister—replied. I have previously met one to one with the hon. Member for Warrington North (Charlotte Nichols) to discuss this in detail, and I replied to an Adjournment debate just a few weeks ago. As I said at the time, I have, subsequent to the debate and the meeting, asked the Advisory Council on the Misuse of Drugs to accelerate its work on removing barriers to research for all schedule 1 drugs, including psilocybin. So I take this opportunity to assure my hon. Friend that I have asked for that work to be accelerated, and the calls that he and other Members have made have been heard.

[Crispin Blunt]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

I feel that the Minister has given quite a long response, but I call Crispin Blunt.

[Crispin Blunt]

Further to that point of order, Madam Deputy Speaker. I regret to say there was an inaccuracy in my right hon. Friend’s response. When I alerted him to the date of the second debate on psilocybin access rights, on 18 May, he told me that he had an engagement that day. However, it never occurred to me for a moment that he would put that engagement ahead of his duty replying to this House. I certainly got no communication at all that he had made a decision not to attend Parliament to reply to that debate.

[Madam Deputy Speaker]

I hope the hon. Gentleman will accept that it is not my responsibility to decide which Ministers respond to debates, but I think it is courteous that the Minister has come here today and given an explanation. If the hon. Gentleman is not satisfied with that response, I am sure he will pursue it with the Minister. Perhaps a meeting might be arranged.

[Crispin Blunt]

rose—

[Madam Deputy Speaker]

I do not want to prolong this too much further because we are in danger of going backwards and forwards over the same issue. The hon. Gentleman is clearly not happy that the Minister was not there for the debate, but the Minister has explained his reasons. The hon. Gentleman may not be happy with those reasons, but there is not a great deal I can do about that. But his point has been heard and I suggest we move on.

[Owen Thompson (Midlothian) (SNP)]

On a point of order, Madam Deputy Speaker. Earlier this afternoon at Home Office questions, the Immigration Minister, who I have notified of this point of order, appeared to suggest that it was my responsibility that no asylum seekers, through the dispersal scheme, had been housed in Midlothian. Midlothian is a warm and welcoming community and we look forward to welcoming anyone from anywhere at any time. Despite the Minister suggesting that there had been no attempt to have any asylum seekers, through the dispersal scheme, housed in Midlothian, on 22 February, I was notified of the Home Office’s intention to house asylum seekers in my Midlothian constituency, but, on 1 March, the Home Office notified me that it no longer intended to proceed with that dispersal. Perhaps it is not for me to say, but if the Home Office were to engage with local authorities, local councils or the Scottish Government, these sorts of issues could be dealt with. I ask for your advice, Madam Deputy Speaker, as to how I can best ensure that the record is correct and that there is no slur on the Midlothian constituency through the suggestion that it is not welcoming of anyone from any background coming to it, and as to how the record can be corrected to reflect that.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for that point of order. He does not have to notify Ministers that he intends to raise a point of order. I do not know whether he did or not—

[Owen Thompson]

indicated assent.

[Madam Deputy Speaker]

Okay. The hon. Gentleman has made clear his view about what the Minister said. I know that there are hon. Members and Parliamentary Private Secretaries present who, it feels to me, are going to report back what the hon. Gentleman has said very quickly, as I am sure will the Whips. He has put his point of view on the record and I am sure that, if any necessary corrections need to be made, the Minister will do so, or he may communicate directly with the hon. Gentleman.

Independent Inquiry into Child Sexual Abuse: Report

Rosie Winterton Excerpts

Monday 22nd May 2023 Commons Chamber

[The Secretary of State for the Home Department (Suella Braverman)]

With permission, Madam Deputy Speaker, I would like to make a statement about the Government’s response to the final report of the independent inquiry into child sexual abuse. The inquiry lasted seven years and its findings are harrowing, involving widespread child sexual abuse going back decades and shameful institutional failures in child protection. Each case represents an intensely personal story of the pain and suffering of a child enduring something that nobody should endure. I am so sorry that anyone has. The interests of victims and survivors are at the heart of the inquiry’s report, and of the Government’s response. I want to thank the more than 6,000 victims and survivors who bravely came forward to share their testimonies. I was humbled and moved when meeting several of them recently. Today is about ensuring their voices are heard and reflected in our work, so that future generations do not suffer as they did. I promise that their courage will count.

I pay tribute to the chair of the inquiry, Professor Alexis Jay, and her team for their fearless commitment to uncovering horrendous societal, professional and institutional failures, and for years of meticulous and diligent work. We must use this moment to bring this crime further out of the shadows, to provide proper support to all victims and survivors, and to deliver real and enduring change.

This Government have repeatedly shown our determination to stop the scourge of child sexual abuse. Just last month the Prime Minister and I announced new measures to tackle the evil of grooming gangs, but there is zero room for complacency and the inquiry’s final report confronts us with a necessary moment for further reflection. It is more than a collection of recommendations; it is a call for fundamental cultural change, societal change, professional change and institutional change.

I am pleased to say that this Government have risen to the inquiry’s challenge. We are accepting the need to act on 19 of the inquiry’s 20 final recommendations. That includes driving work across Government to improve victims’ experience of the criminal justice system, the criminal injuries compensation scheme, workforce regulation, access to records, consistent and compatible data, and communications on the scale and nature of child sexual abuse. The Government’s response does not represent our final word on the inquiry’s findings, but rather the start of a new chapter.

We will continue to engage with victims and survivors, with child protection organisations and with Professor Jay to ensure they retain sight of our work and confidence in our delivery. The full Government response will be published online at gov.uk. The Welsh Government have responded separately on matters relating to Wales alone.

I will now highlight our response to some of the most consequential recommendations. We need to stop perpetrators in their tracks, and we need better to protect and support the children they seek to prey upon. To do this we must address the systemic under-reporting of child sexual abuse. As I announced in April, the Government accept the inquiry’s recommendation to introduce a new mandatory reporting duty across England. Today, I am launching a call for evidence that will inform how this new duty can be best designed to prevent the continued abuse of children and ensure they get help as soon as possible.

The inquiry recommended a redress scheme for victims and survivors of historical child sexual abuse, which the Government also accept. Of course, nobody can ever fully compensate victims and survivors for the abuse they suffered, but what we can do is properly acknowledge their suffering and deliver justice and an appropriate form of redress. This is a landmark commitment. It will be complex and challenging, but it really matters. As the inquiry recommends, we will carefully consult victims and survivors; we will draw on lessons from other jurisdictions; and we will make sure we honour the inquiry’s legacy as we design the scheme.

We accept that there is more we can do to ensure that those who have suffered get access to the provision they need to help them recover and rebuild their lives. We have already introduced the Victims and Prisoners Bill, which will ensure that the criminal justice system delivers on victims’ entitlements. It will also introduce a new statutory duty on local partners to work together when commissioning support services for victims of sexual violence, but where we need to go further, we will. We will elicit views on the future of therapeutic support, including systemic changes to provision, through the extensive consultation we are undertaking on redress. It is right that we consider these things together so we can better deliver the support needed by child and adult victims and survivors of abuse.

The inquiry rightly demands proper leadership and governance of child protection. In response to the inquiry’s recommendation for a new child protection authority, the Department for Education’s implementation strategy “Stable Homes, Built on Love” has set out major reform to children’s social care. Although taking a different form, we are confident that these reforms will fulfil the proposed functions of such a child protection agency and ensure a coherent response across all parts of the system to child sexual abuse. The Government will, however, closely monitor the delivery of our commitments through our newly established child protection ministerial group, inviting scrutiny from victims, survivors and other partners. We will keep this House and the other place regularly updated on our progress.

The inquiry makes two recommendations relating to the horrifying and growing threat of online child sexual abuse. The Government’s Online Safety Bill will be a truly world-leading law that will make the UK the safest place to be online. The strongest measures in the Bill are reserved for child sexual abuse, leaving companies in no doubt about their duties to remove and report child sexual abuse material found on their platforms, and to use technologies such as age verification. Child sexual abuse is a global crime, which is why we continue to lead work with international partners to bring pressure to bear on the big tech companies, which must face up to their moral duty to protect children.

There is no greater evil than hurting a child. This landmark inquiry found that for far too long stopping child sexual abuse was seen as no one’s responsibility. We must ensure that child abuse is brought out of the shadows, we must make it everyone’s responsibility, and we must give those who have suffered the confidence that their voices will be heard, their needs will be met and they will be protected. We owe a great debt of gratitude to the victims and survivors who came forward, to their families and to campaigners. Today is their moment, and it must be a watershed moment. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Home Secretary.

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[Suella Braverman]

We accept the meaning and significance of recommendation 7, to which the hon. Member refers, on the registration of staff working in care roles in children’s homes. We are exploring the proposals to introduce professional registration of the residential childcare workforce as part of the “Stable Homes, Built on Love” strategy—key and landmark reforms to our care system. But we recognise the important contribution of the residential childcare workforce in caring for some of the most vulnerable children in our society, and the importance of ensuring that they have the skills required to safeguard, support and care for those children. We are backing them with investment and reform.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Home Secretary for her statement.

No Recourse to Public Funds

Rosie Winterton Excerpts

Thursday 11th May 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must just warn Members that because of the limited time for this debate, I will expect them to speak for about six minutes.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I will put a six-minute time limit on speeches.

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[Kirsty Blackman (Aberdeen North) (SNP)]

I thank the Backbench Business Committee for granting this debate and the right hon. Member for East Ham (Sir Stephen Timms) for setting out such a great foundation on which to have this conversation. He brought such a lot of information to the table about the number of people, as far as we can tell, who are subject to no recourse to public funds and some of the issues they face.

I do an awful lot of work with the No Recourse North East Partnership in the north-east of Scotland, which was set up because all of us who deal with casework and people with problems were seeing a massive increase in the number of those coming to us with no recourse to public funds. Unlike Glasgow, which has been a dispersal authority for a period, we did not have the legal or charitable support in place in our city to provide people with that level of legal immigration advice. We saw a massive increase in numbers in the last few years, and that is why the group began.

During that time, we have struggled so hard to find out how many individuals are subject to no recourse to public funds, so that we can make the case for there being more specialised support for people in our city. In Aberdeen we have the highest percentage of non-UK born citizens outside London. We have a significant amount of immigration in our city, and that is a good thing to be celebrated, but it brings with it the problem we are seeing of an increase in the level of destitution as a result of people having no recourse to public funds.

The hon. Member for Harrow East (Bob Blackman) mentioned the consistency in applying guidance under section 17 of the Children Act. I can tell him that it is not being applied consistently across councils. That is partly because the guidance from Government is not as good as it could be in directing local authorities as to what they can and cannot do and is leaving it up to them. If local authorities have legal departments that are particularly scared of litigation, for example, they might be less keen to support people. If individuals have “no recourse to public funds” stamped on their immigration documents, they might be less keen to seek support because they are terrified that it might impact their future immigration status. They are terrified that they might not eventually be able to apply for leave to remain if they claim something. That guidance is not as consistent as it could be.

The right hon. Member for East Ham mentioned domestic abuse. I tabled a ten-minute rule Bill a number of years ago about extending the destitution domestic violence concession. There is still a gap. We still see local women’s organisations up and down these islands struggling because they cannot apply for housing benefit for people who have no recourse to public funds unless they get the destitution domestic violence concession, which is not applicable across the board and is not a guarantee. We cannot see women’s aid organisations go under, but it means that individuals are in a situation where they might have to stay in abusive relationships or go back to abusive partners simply in order to feed their children. We should not be doing this. As has been made clear, in so many of these cases, these are children who were born here and will live here their entire lives, and they are being directly discriminated against by these policies just because of where their parents were born—not because of anything to do with the way they have lived their lives.

What are the other options for people who have no recourse for public funds? We have heard various arguments from Ministers in the past. They have said, “Well, people can just go back to the country they have come from.” Some people with no recourse to public funds are stateless. How can someone who is stateless go back to the country they came from? The country might not even exist anymore. Ministers have suggested, “That person could just go back to Nigeria,” but the person has never been to Nigeria in their entire life. We are asking them to go back to a country in which they have no home and no support and that their family has shunned them from. They are living here and contributing to our economy.

Imagine if everybody with no recourse to public funds decided to go off to another country—we would have so few people working in the caring professions, on the frontline of our NHS and as hospital porters, in those jobs that we desperately need people to do. If the Government are so desperate to crack down on illegal migration, they need to make the legal migration routes slightly more pleasant at least, because at the moment they are deeply discriminatory.

We are seeing children being put into hunger and poverty as a result of this—children who are at no fault and are entirely innocent. If it were up to me, I would not have “no recourse to public funds” as a status at all. If we are looking for an interim measure, the measures on child benefit that have been put forward by the Work and Pensions Committee are incredibly positive. The Government also need to give serious consideration to the rules around housing benefit, particularly in cases that involve domestic abuse, because we cannot have women’s aid organisations struggling with this issue in a way that means they cannot support women, resulting in women having to stay in abusive relationships. We cannot see that happen.

Lastly, on the point about the 30 months payment that was mentioned by the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), what are people getting for the money that they are putting in? They are certainly not getting a good service. I am aware that the Minister is doing his best to improve it, but the Home Office service is not great. People are being asked to pay that money for the pleasure of staying in a country where they cannot even afford to feed their children because of the lack of support. It is absolutely shameful, and it really needs to improve.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

Thank you very much, Madam Deputy Speaker. I thank the right hon. Member for East Ham (Sir Stephen Timms) for bringing this debate before the House, and the Backbench Business Committee for granting it.

No recourse to public funds is a critical issue in my constituency, as it is to many of the Members who have spoken this afternoon. To give some of the history, it has been a visa condition since 1980. Its origin more recently is in Labour’s Immigration and Asylum Act 1999, and to me, it feels like it is steeped in myths about people coming over here to claim our benefits. Given the paucity of such benefits and the lack of knowledge people moving to the UK have of the inner workings of the benefits system, that has always seemed particularly unlikely to me. What we have instead is an expensive immigration system—as hon. Members have pointed out—and people caught in a double whammy where they pay a huge amount of money to be here, they are not a burden to the taxpayer, and they get very little back out of the system. They are, in fact, paying in more than most of us.

What this status has caused is poverty, destitution and an increasing strain on individuals and families, including those children who have been born here. There is also an increasing strain on charities and public services. Praxis has documented that two thirds of people with no recourse to public funds are struggling to feed their children. Some 59% are forced into debt to pay for essentials, and 50% are turning to food banks and charities for support, all at a time when the cost of living is soaring. The right hon. Member for East Ham correctly pointed out that the Prime Minister did not know about no recourse to public funds, and only on Tuesday this week, the Economic Secretary to the Treasury still did not know what no recourse to public funds meant when I asked him in this House. I said, “What happens to people who cannot afford to pay for their heating?” and he said, “They should just claim through the system.” They cannot—that is the very nature of no recourse to public funds. Ministers should really catch themselves up on the impact that their policies are having.

Another part of the problem is that we do not know how many people are affected by this status, both as a whole and within our individual constituencies. There are estimated figures of around 1.6 million people, but if we do not know how many of the people in our constituencies have this status, we will not know what support they might need and how to respond to those needs. Quite often, as the hon. Members for Hackney South and Shoreditch and for Harrow East (Bob Blackman) and my hon. Friends the Members for Glasgow South West (Chris Stephens) and Aberdeen North (Kirsty Blackman) mentioned, it falls to charities and local government to pick up the pieces when everything else breaks down. My hon. Friend the Member for Glasgow South West correctly identified that this is causing huge food insecurity. I have spoken to Audrey at the Glasgow South East food bank in my constituency, which is seeing increasing numbers of people on no recourse to public funds coming forward and looking for help.

As a constituency MP, my heart sinks when I see somebody’s biometric residence permit stamped with “no public funds” in the back, because I know that that will limit my ability to help and support them, and there are people who desperately need that support. I have a constituent who has a disability and no recourse to public funds, so he could not get a disabled persons railcard because that is the gateway to getting that support. I had another gentleman who was medically unfit to work and on no recourse to public funds—what is he supposed to do in those circumstances? The Ferret reported recently on a family of five left homeless because of no recourse to public funds who were sleeping in a borrowed car in the streets of Glasgow. That is inhumane in our society.

Also, problems arise that people could not have anticipated or expected. I recently had a case where international students were being housed inappropriately in accommodation that was found to be unsafe, and all of a sudden, 40 families were put out with nowhere to live. The local authority stepped in and was able to help, but only on a limited basis, because those families could not claim benefits, housing support or anything else because of no recourse to public funds. The safety net has massive holes in it when it comes to these groups of people. The Minister closes his eyes to these real plights and circumstances that are caused by no recourse to public funds. When these crises happen and when there are those changes in circumstances, people are unable to get the support that they need.

The Scottish Government have done what they can. They have had the “Ending destitution together” strategy along with the Convention of Scottish Local Authorities. They are trying their best to try to plug these gaps and fill these holes, but without an understanding of the numbers involved or of how to reach those people—as my hon. Friend the Member for Aberdeen North mentioned, they may have good reasons for not wanting to identify themselves—it makes it difficult to provide the support that is required. We may have two households next door to each other in identical circumstances, working the same jobs with children the same age, but one household is not entitled to support, because they have no recourse to public funds status. That seems fundamentally unfair.

The Scottish Government are determined to build a country where everyone is treated with fairness and respect. No recourse to public funds prevents Scotland from doing so. I look forward to an independent Scotland where we can build a more equal and fair society and we can be rid of the Home Office and its cruel hostile environment once and for all.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

Coronation: Policing of Protests

Rosie Winterton Excerpts

Tuesday 9th May 2023 Commons Chamber

[Chris Philp]

Yes, I would like to join the hon. Gentleman in thanking the police, the armed forces personnel and the civilians involved in laying on the coronation for a successful and, ultimately, peaceful event, despite the plots that were uncovered in advance. I also thank the police for ensuring that those protests were able to take place. It is an event that, overall, this country can be proud of. I am sure all of us want to wish King Charles III well at the beginning of his reign and say, “God save the King.”

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

National Security Bill

Rosie Winterton Excerpts

Consideration of Lords amendments
Wednesday 3rd May 2023 Commons Chamber

King’s and Prince of Wales’s consent signified.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 33 and 34. If they are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

Clause 28

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[The Minister for Security (Tom Tugendhat)]

I beg to move amendment (a) to Lords amendment 26.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Lords amendment 26, and amendment (c) and Government amendment (b).

Lords amendment 153, and Government amendment (a).

Lords amendment 22, and Government motion to disagree.

Lords amendment 122, and Government motion to disagree.

Lords amendments 1 to 21, 23 to 25, 27 to 121, 123 to 152 and 154 to 174.

[Tom Tugendhat]

Let me start on a personal note by thanking the Clerk who is sitting in his place and congratulating him on becoming Clerk of the House. It is the first time that he has been in his place when I have spoken from the Despatch Box. He has been a friend for many years, so I am glad to have the opportunity to put on record that the Clerks keep us all on the straight and narrow, and in some cases get us out of rather a lot of trouble. I thank them very much indeed.

It is a pleasure to bring the National Security Bill back to this House. A number of changes have been made in the other place to improve it. The House will know the importance of the Bill: it gives our intelligence and security services, as well as law enforcement, a new toolkit to tackle state actors who threaten the safety and security of the United Kingdom. It also takes steps to prevent public funds from being given to those who could use them to support terror. As always, this Government have listened. I pay tribute to Lord Anderson and Lord Carlile for their work to improve the Bill—[Interruption.] I am glad to hear the acknowledgement from the Opposition Benches. That has improved the Bill for all sides.

We have heard the views of the other place, of industry and of many others, and we have focused the foreign influence registration scheme into a more targeted weapon against those who would do us harm. Arrangements to carry out political influence activity will now be registerable only when directed by a foreign power. Receiving funding from a foreign power, absent a direction, will not trigger a requirement to register under the scheme. For example, cultural institutes that make an important contribution to life in the United Kingdom will not be required to register simply because they receive funding from a foreign power. That is in line with the original intention of the scheme.

Only where organisations or individuals are directed by a foreign power to carry out political activities will that arrangement need to be routinely registered. We will publish guidance to support understanding of the scheme and circumstances in which arrangements will need to be registered. It remains the case that criminal offences will be attached to failures to register.

The Government made a number of changes in the other place following concerns expressed about the Bill’s potential impact on journalistic freedoms and other legitimate activity. I pay enormous tribute to Lord Black for his contribution to the debate. The Government are clear that the Bill’s focus is on protecting the United Kingdom from threats from those acting against the UK’s interests, not interfering with press freedom. The Lords amendments clarify the scope of offences and requirements in part 1. That includes amending the language in the phrase

“knows, or ought reasonably to know”

to put beyond doubt that it would need to be proved what an individual knew rather than capturing individuals acting unwittingly. That applies in every instance when the phrase appears in the Bill, including in the foreign power condition.

Further drafting changes have been made, including to clarify the scope of the offence of assisting a foreign intelligence service and the meaning of foreign power threat activity.

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[Tom Tugendhat]

The hon. Gentleman has tempted me to approach the issue a little early in my speech, but let me put this firmly on the record. I have met the high commissioner of Cyprus, and my right hon. Friend the Foreign Secretary has spoken to its Foreign Secretary. I want to make it clear that any references in the Bill to the sovereign base areas of Akrotiri and Dhekelia shall be in accordance with the 1960 treaty concerning the establishment of the Republic of Cyprus, shall not affect the status of the sovereign base areas as defined in the treaty, and will not in any way undermine its provisions. References to the sovereign base areas in the Bill in no way indicate a change in UK policy towards their governance. I hope that is extremely clear.

If we had these powers now, I would already be encouraging the police to use them against those who side with our enemies. As always, I want to share my admiration and appreciation for the services, their work and all their efforts that so often go unseen, although the impact does not go unnoticed. I hope that right hon. and hon. Members will support the Government’s changes, and our opposition to the amendments relating to the ISC and political party donations.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

[Holly Lynch (Halifax) (Lab)]

We on the Labour Benches are in no doubt about the importance of the Bill. Transnational repression and interference from hostile state actors and their proxies are testing the UK’s defences as never before. As the global landscape continues to change at a staggering pace, interference from countries that do not share our values is nothing new. However, the breadth and enduring nature of the threats we are now facing is a contemporary challenge, combined with the technology and methods used by those seeking to undermine us, which are new and enhanced.

Today is World Press Freedom Day, giving us a chance to recommit ourselves to defending press freedom, but also to acknowledge that many of the threats to which our security services and counter-terrorism police are responding here in the UK relate to the protection of journalists, from the—thankfully disrupted—assassination and kidnap plots against UK residents who are perceived as enemies of Iran owing to their coverage of the protests and the regime’s brutal crackdown, to the unacceptable harassment reported by Caoilfhionn Gallagher KC and her colleagues acting on behalf of the British national Jimmy Lai, the pro-democracy newspaper owner currently detained in Hong Kong. We must challenge that overseas and refuse to tolerate it here.

We have always understood that we need the new provisions in the Bill, but the Minister will understand where I am coming from when I say that this has been far from a shining example of best practice in passing legislation. The churn in the Government since the Bill was tabled in May last year, coupled with the late and lengthy additions to it, has meant that scrutiny has been truncated on occasion, but it is all the more crucial as a result. It is unusual for a Bill to come back from the other place with—if I am not mistaken—no fewer than 117 Government amendments, but that is why I, like the Minister, am particularly grateful to our colleagues at the other end of the building, where operational expertise in particular has had a positive impact in shaping and sharpening these measures to ensure that they deliver the protections we need and the safeguards we can all trust.

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[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Intelligence and Security Committee.

[Sir Julian Lewis]

It is clear from the opening contributions of both Front Benchers that there is a considerable degree of common ground on this legislation, and I would like to congratulate both of them on the way they have made their presentations. The Intelligence and Security Committee strongly welcomes the National Security Bill. The Committee has long called for reform of the Official Secrets Acts regime and highlighted the grave dangers posed by hostile state actors to the UK’s national security. Most recently, as we have heard, the ISC’s Russia report of 2020 made it clear that the Official Secrets Acts regime was outdated and not fit for purpose. It recommended that new legislation be urgently introduced to provide new tools to help our law enforcement and intelligence community, who work tirelessly to defend the UK’s national security.

The Bill modernises the Official Secrets Acts espionage regime and creates important new offences such as sabotage, foreign interference and assisting a foreign intelligence service. As recommended in the ISC’s Russia report, the Bill also creates the long-awaited foreign influence registration scheme. That must be a cause of particular satisfaction to the Minister for Security, my right hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), who strongly promoted that policy during his very successful term as Chair of the Foreign Affairs Committee.

Together, these changes will increase the transparency of those threats and help to make the UK a more difficult operating environment for foreign intelligence services to act. They will help to deter hostile foreign powers from undertaking harmful activities and disrupt them at a much earlier stage. There have been several justified concerns about the way in which the Bill was handled, but after considerable scrutiny, especially in Committee and in the upper House, it has been greatly improved.

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To conclude, if the Government will not ensure that the ISC’s memorandum of understanding is kept updated —and they have not been ensuring that—each piece of new legislation devolving intelligence and security matters away from the bodies already overseen by the ISC must come with a commensurate expansion to that MOU. I know that this is not the Minister’s fault. I speak to Minister after Minister—I am not saying anything about this particular one—but Ministers do not seem to understand why this keeps happening. I just wonder where exactly in the Government machine this necessary change that was always envisaged in the ISC system is being blocked.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the SNP spokesperson, let me say that, obviously, this debate is time limited, and I am sure that hon. Members will want to leave some time for the Minister to conclude.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Once again, it is a pleasure to have the opportunity to scrutinise what we recognise as an extremely important piece of legislation. Like both the Minister and the shadow Minister, I wish to start by paying tribute to all those who are involved in protecting us and our security.

The National Security Bill has had SNP support from the outset, but we have also highlighted significant problems with it: things that were not in the Bill that should have been; things that were in the Bill that needed fixing; and things that were in the Bill that had no place in there at all. I welcome that many of those concerns were also raised in the House of Lords, and recognise that the Government have responded positively to several of them.

We welcome the amendments that have added clarity to the scope of some of the offences in the Bill, particularly around the state of knowledge required before offences are committed. In general, we welcome the changes to the registration schemes, which will make them more targeted. We also welcome the broadening of the oversight provisions to ensure that the measures in part 1 of the Bill are properly scrutinised.

On omissions, we continue to think that the failure to reform the Official Secrets Act 1989 is a major opportunity missed, and we regret that there has been no addition of a public interest defence, which is something to which a number of Members have alluded. That is an issue that will have to be returned to urgently.

Some improvements have been made to the Ministry of Justice’s clauses in the Bill relating to legal aid. However, we remain of the view that the legal aid provisions should have been taken out altogether. In relation to the award of damages in clause 83, improvements have been made, but, yet again, not enough. It is welcome that reductions in awards of damages now can happen only where there is a direct link between the alleged act of terrorism and the claim for damages. However, there is still concern about how this will operate when foreign Governments—Governments who have carried out torture based on UK intelligence—simply use the smear of an unproven terrorism allegation to justify or defend their actions.