National Security Bill (Third sitting)

Sally-Ann Hart Excerpts

Committee stage
Tuesday 12th July 2022 Public Bill Committees

[Stephen McPartland]

I may dwell on this clause slightly longer than others, because it is the first of a number of clauses regarding a regime to protect sensitive sites in the UK. There has been a range of examples and questions. To the hon. Member for Garston and Halewood, the simple answer is yes.

With regards to the Pokémon examples of the hon. Member for Halifax, the answers again are about—this very much determines the whole scope of the clause—prejudicial interest and people doing something accidentally. To fall foul of the clause, someone needs to have prejudicial interest against the UK. In the examples, people have wandered in and done something accidentally; they would not be prosecuted under the clause.

The right hon. Member for North Durham gave the example of strapping a camera to an eagle; if that is something that someone can do, fair play to them. However, if that camera strapped to the eagle were then to record activity in the place, and that was prejudicial to the UK, the person would be prosecuted. If they just wanted to strap a camera to an eagle to see what happened, the intelligence services have the opportunity not to prosecute someone, because, given the protections throughout the Bill, the Attorney General would have to sign off on whether to prosecute, and the Crown Prosecution Service on whether that was in the public interest.

I understand the point made by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East on ability to have lawful protest, and for lawful protest not to be restricted. It has been reflected by other Members and I raised it with the Department last week.

[Sally-Ann Hart (Hastings and Rye) (Con)]

It is absolutely right that people have the right to protest, but the attention of the Minister and that of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East to the recent cases in which, for example, Extinction Rebellion protestors were found not guilty of criminal damage, despite the judge directing jurors that there was no defence in law. Likewise, the protestors who toppled the Colston statue were found not guilty. We have to be careful: jurors might find people not guilty, but we have to protect the ambitions of the Bill.

--- Later in debate ---

[Mr Jones]

The Bill is specific about procuring “photographs, videos or other”. I understand why they are included: they are modern. If we pass the Bill, will sketches still be covered? Would it not be better to repeat that bit of the 1911 Act?

[Sally-Ann Hart]

rose—

[Stephen McPartland]

I thank the right hon. Gentleman for his intervention and am happy to give way to my hon. Friend the Member for Hastings and Rye.

[Sally-Ann Hart]

Does my hon. Friend not agree that “other recordings” would include a sketch?

[Stephen McPartland]

Sketches are included, because a sketch would have to be inspected. The question was: are sketches included? The answer is yes.