National Security Bill (Sixth sitting)

Debate between Sally-Ann Hart and Stephen McPartland

Committee stage
Thursday 14th July 2022 Public Bill Committees

[Stephen McPartland]

What I am trying to say is that we want our UK intelligence services to be focused on keeping us safe and not to worry about whether or not they will be able to deal with a long court case on their actions. As things currently stand, the UK is—

[Sally-Ann Hart]

Let me give an illustration of the issue. If my hon. Friend saw someone in need of cardiopulmonary resuscitation on the floor, would he give them mouth-to-mouth and pump their chest? Is that something he would do? Would he do it if he thought he could be prosecuted for causing grievous bodily harm if he broke a rib? That would be his defence. That is a simplistic example to illustrate the issue.

[Stephen McPartland]

I am grateful to the hon. Lady for her intervention. I do not think I would be any good at giving anybody CPR. However, I understand the spirit in which she made the intervention and am grateful for that.

National Security Bill (Third sitting)

Debate between Sally-Ann Hart and Stephen McPartland

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 ---

[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.

National Security Bill (Fourth sitting)

Debate between Sally-Ann Hart and Stephen McPartland

Committee stage
Tuesday 12th July 2022 Public Bill Committees

[Stephen McPartland]

I understand what the hon. Lady is saying—

[Sally-Ann Hart]

Clause 13 on foreign interference refers to a person committing an offence

“if…the person engages in conduct intending that the conduct, or a course of conduct of which it forms part”

so that would include preparatory conduct, because it is a course, so the conduct goes from beginning to end. There will be preparatory conduct. Does my hon. Friend agree that that might scoop up the relevant particular point?

[Stephen McPartland]

My hon. Friend makes a very good point. At the end of the day, my understanding is that the offences are designed differently, which is why we were unable to capture the relevant preparatory activity as part of the offences themselves. I am not a lawyer, but effectively those offences are designed differently, and that is where we are.

Amendment 52 seeks to raise the threshold of that which be proven to show the preparatory nature of the clause. Those who intentionally engage in preparatory conduct, as specified under clause 15, pose a significant risk to national security, and that will be true regardless of whether or not their actions materially assist the ultimate outcome. For example, if a security guard in the employment of a foreign power leaves a door open to facilitate access into a prohibited place by a hostile actor, that would constitute a preparatory act. If the hostile actor then used an alternative route to access the site, for example, cutting through a fence, the guard’s act would not have materially assisted them and his acts would go unpunished. I am sure that the Committee would agree that that would be an unacceptable outcome.

Furthermore, the offence enables disruptive action to be commenced at an early stage, to provide the greatest chance of avoiding the harmful activity occurring. It will not always be possible to determine the end goal of a person’s conduct, and thus whether their preparations are of material assistance. Indeed, in some cases, an individual may not even have decided the precise harmful acts that will result from their conduct, but rather will have the intent that their preparatory conduct will bring out harmful activity in general. However, in order to be caught by this offence the individual must have the intent that their conduct will bring about one of the relevant harmful outcomes. I hope that reassures the Committee that the offence cannot be used to prosecute those who undertake actions without any awareness or intent that it could support the commission of a relevant act.

The amendment would undermine the utility of what is otherwise a key preventive tool. Therefore, I do not support it, and I ask the hon. Gentleman to withdraw it.