Public Office (Accountability) Bill

Debate between Tessa Munt and Nick Timothy

Report stage & 3rd reading
Tuesday 14th July 2026 Commons Chamber

[Nick Timothy]

I am tempted to say that the hon. Lady should have a conversation with the Attorney General, who used to prosecute British soldiers and was still appointed to one of the highest offices in the land.

Irish republicans, Islamist extremists, useful idiots deployed by Putin’s Russia—they will all see the opportunity in this law, as we know they have seen the opportunity in examples of lawfare fought elsewhere, including Northern Ireland. These are known unknowns, but there are also unknown unknowns. [Interruption.] There is an additional risk that the security services will be tied up in court cases, thanks to differing interpretations of the legislation, or that the scope of the Bill and the information that must be disclosed will be widened over time. I can hear sighs and complaints from Government Members, but they do not seem to understand that new laws—especially when they are to be taken in balance with existing laws—are tested in the courts, and their interpretation widens. That is a fact, and it is one of the concerns expressed by the intelligence agencies, the police and others. If Government Members think they are above listening to those people, I am very sorry about that.

There are questions, too, about the role of investigations and inquiries set up by the devolved Governments, including in Northern Ireland. I was alarmed by the Minister’s earlier answer to a question about the need to reveal information about intelligence agency sources in that context. These are the reasons that my party proposes an amendment, informed in part by the Government’s own proposed amendment back in January, to give control of secret material back to service leaders, who are rightly then accountable to elected Ministers, in not only the intelligence services but the armed forces, the National Crime Agency and counter-terrorism policing.

[Tessa Munt (Wells and Mendip Hills) (LD)]

One of the hon. Gentleman’s former colleagues went to Downing Street just a month ago with a letter that says he believes he was misled by his own Department when he was the Secretary of State for Defence, so why on earth is the hon. Gentleman arguing this particular case? If Defence Secretaries are misled by their Departments, I do not really understand his faith in leaders of intelligence services and others not being able to hide the truth purely to defend their own Departments.

[Nick Timothy]

I think the hon. Lady, whether it is by design or by mistake, misunderstands my point. Of course, there should be accountability and transparency, and there are many ways in which we can do that, but there are ways of doing it that do not jeopardise the operations of the most sensitive organisations in the country by revealing their sources, their methods and their technological capabilities.

There are also serious flaws in the proposals to create a new duty to prevent death or serious injury and the new crime of misleading the public. Senior police officers are concerned that the new duty will have a chilling effect on operations. Police officers may be deterred from taking vital split-second decisions to give chase or to restrain, for fear of being sued or charged, placing their careers and livelihoods in jeopardy. Those employed in other parts of the public sector, such as the welfare system or the health service, might also be affected. These measures also risk snarling up the police and others in time-consuming and costly litigation.

There is also a serious risk that the new crime of misleading the public could stifle legitimate political disagreement and debate, criminalise honest mistakes, or punish people for making statements that we only later learn are wrong when the facts change. That is why a lock on such prosecutions, with a requirement for the Attorney General to approve them, is absolutely essential, and we invite hon. Members to support our amendment to ensure that this evening.