Crown Dependencies: Beneficial Ownership Transparency

Tom Tugendhat Excerpts

Tuesday 19th December 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

Illicit finance is an active and growing threat to the national security of the UK family. As set out earlier this year in the UK’s second economic crime plan, illicit finance fuels serious and organised crime, threatens our institutions, and enables kleptocrats to establish a financial foothold. That is why in 2016, the UK set up our own publicly accessible register of beneficial ownership, the people with significant control (PSCs) register, which was the first of its kind in the world. Seven years later, many other countries and jurisdictions around the world have joined us.

We are still working with others to achieve this aim. The UK and Crown dependencies (CDs) have a history of working together as partners to strengthen our economic defences against illicit finance. Publicly accessible registers of beneficial ownership are an essential tool in this fight.

In 2019, the Bailiwick of Jersey, Bailiwick of Guernsey and Isle of Man (the Crown dependencies) committed to implement publicly accessible registers of beneficial ownership in line with the principles adopted by the European Union.

In December 2022, following the ruling of the Court of Justice of the European Union (CJEU), the CDs issued a statement announcing that they were pausing work on their public commitments while they sought legal advice.

According to Transparency International, 14 EU member states have maintained public access to their beneficial ownership registers. Gibraltar has also maintained a publicly accessible beneficial ownership register since 2020 and has not noted any negative economic impacts resulting from the implementation of its public register. The UK is satisfied with the lawfulness of our own publicly accessible registers and continues to believe that the CDs could legally implement public registers of their own.

The Home Office has been actively engaging the CDs to understand their position. As the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Macclesfield (David Rutley) set out in the Backbench Business debate on 7 December, there have been discussions with the CDs on providing access to beneficial ownership information to those with a legitimate interest, such as media and civil society organisations who are involved in the fight against illicit finance and money laundering.

Legitimate interest access would bring the CDs into line with the EU, where the CJEU judgment notes that EU member states must continue to enable access to those with “legitimate interest”. For the CDs to implement legitimate interest access would be a very significant step forward in beneficial ownership transparency and improve the security of the UK and the wider British family. Nevertheless, the UK Government are still committed to publicly accessible registers becoming the global norm.

The Home Office has made our expectations clear that the CDs should implement registers with legitimate interest access in the coming year. On 13 December, the CDs published their commitments on beneficial ownership transparency.

The CDs state that they will deliver obliged entity access—such as financial services businesses and certain other businesses in their jurisdictions who are required to conduct due diligence—during 2024. I consider that delivering obliged entity access across the CDs has been slower than it should be, given the need to protect our financial institutions from use by hostile states, terrorists and criminals. This recognition of commitment is still welcome.

I welcome the CDs’ press release, stating their commitment to developing and delivering legitimate interest access to their beneficial ownership registers, confirming that access to the information on their registers

“will be extended to include those media and civil society organisations who can demonstrate a legitimate interest in accessing relevant information in order to combat financial crime”.

I look forward to seeing this commitment being adopted by the appropriate CD Parliaments.

The CDs have said that their definition of legitimate interest access will be developed having due regard to international good practice, including finalisation of the EU’s sixth anti-money laundering directive (6AMLD) which is anticipated in early 2024, as well as in line with relevant European judgments such as the 2022 CJEU ruling. The CDs also note that the EU negotiating text for 6AMLD recognises groups who may have a legitimate interest as being those

“conducting business transactions, civil society, journalists, law enforcement and higher education”.

The CDs state that they will present proposals to their Parliaments for agreement on the definition and implementation of legitimate interest by Q4 2024 at the latest. Given that the original commitments were made in 2019 and the increasing use of finance to co-ordinate action against the interests of the British people and the wider British family, this is not the pace that I expect, and I urge the CDs to work as quickly as possible next year to implement these commitments. Parliament will wish to consider these commitments and closely monitor the situation.

[HCWS151]

UK-US Data Access Agreement: First Year of Use

Tom Tugendhat Excerpts

Tuesday 19th December 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

The first duty of any Government is to keep the United Kingdom and its people safe. As the Department responsible for public safety and national security, one of our key priorities is ensuring our law enforcement and intelligence agencies have access to the tools, capabilities and data they need to ensure public safety. The groundbreaking UK-US data access agreement (“the agreement”) is one of these tools.

The agreement allows UK agencies to submit requests for content of communications directly to communications service providers, including social media platforms and messaging services, located in the United States. This must be for the purpose of investigating, preventing, detecting, and prosecuting serious crime. This has allowed our agencies access to more data, more quickly than ever before.

Since the agreement entered into force in October 2022, the UK has made more than 10,000 requests to these US companies. All of these requests have provided UK law enforcement and intelligence agencies with critical data to tackle the most serious crimes facing UK citizens including terrorism; child sexual exploitation; drug trafficking; and organised crime.

The direct benefits derived from data provided under the agreement to UK agencies have been across the full spectrum of serious crime. This has included:

identifying the location of illegal firearms suppliers and their locations for storing weapons. This led to arrests and also the seizure of cash and heroin found at the same site;

supporting high-priority child sexual exploitation investigations, which has resulted in the safeguarding of vulnerable children from harm and the arrest of those suspected of committing offences against children;

providing UK law enforcement with the information to locate and arrest an individual suspected of murder who had been attempting to abscond from the UK;

identifying a boat being used to traffic class A drugs, leading to the seizure of over 1.5 tonnes of class A drugs;

enabling the investigation of an organised crime group engaged in the laundering of cash obtained through the sale of non duty-paid alcohol in the UK; and

advancing broader law enforcement operations linked to preventing gang violence and the purchase and supply of illegal firearms.

These outcomes would not have been possible without the critical data provided under the agreement.

It is clear that the access to data the agreement provides is crucial in protecting our children and the wider public from harm. My officials will continue to work closely with operational partners over the coming years to maximise the benefits the agreement provides and ensure His Majesty’s Government are able to continue to protect the public and keep the country safe. I also welcome continued engagement and support from the communications service providers on this important issue.

[HCWS152]

Spiking

Tom Tugendhat Excerpts

Thursday 14th December 2023 Westminster Hall

[The Minister for Security (Tom Tugendhat)]

It is very nice to be here with you chairing this debate, Mr Efford, particularly after my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) was able to start off the process—at least she has also had time to give us her thoughts. It is also a huge pleasure to be here because, as some have noted, this is my second outing speaking about spiking, so it is extremely important to me that the hon. Member for Bradford South (Judith Cummins) and my right hon. Friend the Member for Romsey and Southampton North brought in this debate again.

I read up on this matter quite carefully last time, which led to me giving my own opinion, and not just that of the Department—I hope that was useful. This time, I am pleased to say I am able to give the Department’s opinion more clearly, which is certainly helpful to me, anyway. It was also great to hear from the hon. Member for Strangford (Jim Shannon) that his mother is as vocal as he is—though I am confident she is not in the Adjournment debate of her time and has many more opinions to give, as does he.

First, I must say that my thoughts here are with the victims of spiking. As has been noted already, in many different ways, the number of people who are affected by spiking is sadly much greater than is commonly recognised. Indeed, there is no typical victim; there is far too much variability in those who are affected and pained by this. Of course, it is not only the immediate victim, but very often their families, partners and friends who—even if they were not victims of the actual spiked drink—will feel more vulnerable, less safe and more frightened to go out in their community. Clearly, all that has an effect on every one of us and on all our communities as well.

Supporting victims of spiking and ensuring that they get every possible support is a priority for this Government. I urge anyone who suspects they have been spiked to contact the police as soon as possible. I have to say, the statistics quoted by the hon. Member for Pontypridd (Alex Davies-Jones) on reporting to the police are extremely concerning. For the avoidance of doubt, spiking is now illegal, and police will take action against it.

Equally, we must send a strong and unequivocal message to the perpetrators of these despicable acts that they will be caught and brought to justice, because these are vile and dangerous crimes. As well as the immediate risk to the victim’s wellbeing, the shock and distress suffered can, as has been mentioned, result in psychological turmoil and an ongoing and very unnerving ordeal. It is no exaggeration to say that the impact of being spiked could last for years, or even a lifetime—for some, it sadly does. No one should ever be made to feel vulnerable in their social setting, or in their home or someone else’s home. As my right hon. Friend the Member for Romsey and Southampton North asked so powerfully, why should they? Enough.

That is why this Government have been working closely with the police and other partners to tackle spiking. I will set out some specific elements of our approach as I respond to the points that have been raised. I will start by addressing the publication of the statutory report on spiking, which the hon. Member for Bradford South quite rightly raised. I understand the frustration at the delay—my understanding is that the report will be published very soon indeed. Though my hon. Friend the Member for Gloucester (Richard Graham) tried to undermine my children’s belief in Father Christmas by naming me as Santa, I hope very much that I will indeed be bringing good news in the days before the close of the year. However, it will be up to the Minister responsible—the Under-Secretary of State for the Home Department, my hon. Friend the Member for Newbury (Laura Farris)—to decide when and how she addresses the matter.

[Richard Graham]

As the Minister points out, the last time he spoke in this Chamber on this issue, he was able to anticipate a future Home Office position on spiking. It is very rewarding to hear that the new Home Secretary and the new Safeguarding Minister, my hon. Friend the Member for Newbury (Laura Farris), who has a strong track record on issues relating not only to violence against women and girls, but social justice in general, are thinking apace as to how we could move things forward in a way that all Members present would like. I am grateful to this Minister for highlighting that, and I hope he will pass on our thanks to the other Ministers, but we do look forward to the detail and the substance.

[Tom Tugendhat]

My hon. Friend knows that I cannot make any announcement at all. I am merely positive as to the direction; it really is for the Minister for Safeguarding, my hon. Friend the Member for Newbury to announce the Home Office position. I am sure she will do so as soon as she is able. She has arrived in the Department with a determination and with inspiring energy. She is not only an excellent colleague in her role as a Member of Parliament, but a fantastic ministerial colleague, and she will add hugely to the job of safeguarding the people of the United Kingdom, particularly those who are vulnerable in the evening. I do not want to say any more for fear of jumping ahead of myself. She has already done a huge amount of work, and I am sure that, if she is able, she will make further announcements

On the legislation, I want to make it clear that spiking is already illegal because various pieces of legislation set out prohibitions that incorporate the offence of spiking and they can be used to prosecute offenders. We have worked closely with the police to establish the range of powers that are currently available to them and the best methods of enforcement.

However, we are mindful that the modern offence has particularly insidious features, and we are carefully considering the range of views that have been expressed on this, especially from Conservative colleagues who have made compelling arguments on this matter. I pay tribute to my right hon. Friend the Member for Chelmsford (Vicky Ford) who has spoken very powerfully about this not only during this debate, but on many other occasions. My hon. Friend the Member for Gloucester likewise has in many ways not only led this debate today, but over many years. My right hon. Friend the Member for Romsey and Southampton North has led many of these arguments for many years.

[Vicky Ford]

We may be able to make more progress on awareness. My right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) made a point about the importance of giving evidence and how quickly evidence can disappear in the body. I have been told by local police that they often need a urine sample, which is not as complicated as a blood sample. In trying to secure more prosecutions, it is important to try to make people aware that that is the sample that they would need to give. I want the crime to stop, but I also want to make sure that, if it happens, we can hold the perpetrators to account. In the package of things that we might do in the future, there is space for more awareness of the methods of evidence giving and what evidence is needed to get the tracing of drugs in the system and ensure we can get the prosecutions.

[Tom Tugendhat]

I will ensure that my hon. Friend the Member for Newbury hears those points specifically and takes them up with the relevant authorities. I am sure she will be interested to hear them, because police clearly have a vital role in tackling this issue. I pay tribute to them for helping to shed light on these awful crimes. In many ways, they respond extremely effectively. I can speak for Kent police; others will have to determine the efficacy of the actions of their own forces.

Kent police does take spiking extremely seriously, but it can be a complex and challenging crime to investigate. I will pass on the words of my right hon. Friend the Member for Chelmsford. Drugs can pass through the system quickly, leaving often limited evidence for others to identify and to point to offenders. These crimes can happen in the highly dense environment of the night-time economy and in places where it is difficult to identify the perpetrator.

Since autumn 2021, police forces across England and Wales have been stepping up action on spiking. That includes developing and rolling out an online spiking reporting and guidance tool, which should greatly simplify the reporting of spiking. The police approach to tackling spiking is being co-ordinated by Deputy Chief Constable Maggie Blyth, the national policing lead for violence against women and girls. The police continue to submit samples using rapid testing capability developed with forensic provider Eurofins Scientific. That has been invaluable in broadening our understanding of which drugs are being used and how frequently.

It is crucial that we have in place a consistent and effective national approach. Equally, the work taking place on the ground in communities is essential. In a number of towns and cities across England and Wales, uniformed police officers are visiting venues and working closely with licensed premises and staff. Plainclothes officers are trained to look out for concerning behaviour, while control rooms monitor CCTV so that officers can be sent directly to any suspicious or dangerous locations.

[Richard Graham]

I am grateful to the Minister for what he says about the efforts of the police so far, but he will probably agree that many police chiefs, including my own in Gloucestershire, the excellent Rod Hansen, and the police and crime commissioners around the country—all of them collectively, including Chris Nelson in Gloucestershire—are clear that being able to collect data on a specific named spiking offence would help enormously. For local communities the work done by people such as Councillor Justin Hudson, who leads on communities in Gloucester City Council, working with the night-time economy, that combination can be very powerful in raising awareness and reducing the likelihood of these things happening.

[Tom Tugendhat]

My hon. Friend makes an excellent point, which I know will have been heard by my hon. Friend the Member for Newbury. As he knows, she will be looking at the many comments made this afternoon and indeed over recent months before publication of the report, which is due out very soon.

Officers can also carry out licensed checks on taxis, bars and clubs and can work closely with welfare organisations and help venues to step up their own security efforts, such as increasing searches. The story that my right hon. Friend the Member for Romsey and Southampton North told us about her daughter, who would have been left on the street had her friends not intervened, demonstrates that extra training is necessary, because the idea of dealing with a situation like that by abandoning a young woman outside strikes me as extremely unwise, to put it politely, positively dangerous and—I should be cautious of my words.

Many venues have given extra training to staff to ensure that all reports of spiking are logged and reported immediately. This is not an exhaustive list of the activity that is being mounted to tackle the threat, but as the examples I have mentioned demonstrate, there is a real focus across the system on gathering intelligence, identifying perpetrators and protecting people around our communities. The Home Office continues to manage cross-Government work on spiking with an emphasis on practical action that can deliver real and lasting improvements. Some of the interventions targeted at tackling spiking include bystander training programmes, taxi monitors, CCTV, street lighting, drink protectors and educational training for the night-time economy staff.

In April 2022, following expert advice from the Advisory Council on the Misuse of Drugs, the Government reclassified the so-called date-rape drug GHB and two related substances from class C to class B under the Misuse of Drugs Act 1971. Through “Enough”, which my right hon. Friend the Member for Romsey and Southampton North has mentioned, the Government’s national behaviour change campaign for tackling violence against women and girls, we have rolled out spiking-specific communications and campaign activity at summer music festivals and universities across the United Kingdom. I am very glad to hear that it is being picked up and used appropriately.

[Caroline Nokes]

I thank the Minister for giving way on that specific point. Music festivals—great. University freshers week—great. Will he work with his wonderful colleague at the Home Office to see whether we can have a roll-out to younger age groups, too?

[Tom Tugendhat]

My right hon. Friend pre-empts me. I was just about to say that this is not a crime that begins at the age of 18, a point that she made so powerfully. I am sure that our hon. Friend the Member for Newbury will be extremely interested in hearing about this and will no doubt take it up with the Department for Education to make sure that we co-ordinate action in the best possible way and get the right response in order to protect young people.

[Richard Graham]

Just to add to that, our right hon. Friend the Member for Romsey and Southampton North is right to highlight the value of raising awareness in schools. Indeed, every time I go and talk to sixth forms I ask them about spiking and a lot of hands go up. It is also true that for families—parents and grandparents —awareness is useful. Is the Minister aware, for example, that the character Amy Barlow in “Coronation Street”, played by Elle Mulvaney, has recently been going through a lot of spiking issues after seeing somebody put GHB in the drink of a friend of hers? The storyline continues on spiking. In fact, if he and his colleagues are able to make significant changes, they might find themselves playing a part in “Coronation Street” as well.

[Tom Tugendhat]

Though I bow to no one in my admiration of the great city of Manchester, I cannot honestly confess to being a “Coronation Street” aficionado. “The Archers” has had episodes about this issue at various points, and, if the hon. Gentleman chooses, we can discuss those, but I am afraid that is as far as I go with that storyline.

[Jim Shannon]

The Minister is giving a very comprehensive and helpful response, which we all appreciate. I always ask, and it is only right that we do ask, that whatever recommendations and thoughts come out of this debate, and whatever the Minister takes forward with the other responsible Ministers, he gives an undertaking to share that information, any suggestions and any legal intentions with the Northern Ireland Assembly—just so that we can be on par with where the Government here hope to be.

[Tom Tugendhat]

The hon. Member for Strangford makes a very good point, which is that this is an issue not just for GB issue but for the whole United Kingdom. Where appropriate, engagement with the Northern Ireland Assembly is absolutely right, and I know that many friends of the hon. Member in Northern Ireland will be very concerned about the matter, as is His Majesty’s Government, who are concerned about the whole United Kingdom; he makes an extremely valid and powerful point.

The Home Office has supported Universities UK and the Department for Education working group on spiking, which is chaired by the vice-chancellor of Exeter University, Professor Lisa Roberts, to provide guidance to universities on spiking. We have provided communications on spiking to local authorities’ bulletins and supported the National Police Chiefs’ Council’s bespoke communications targeted at the freshers period, but none of that undermines the point that my right hon. Friend the Member for Romsey and Southampton North made about earlier education. That is a snapshot of the work that we are doing, and we look forward to setting out further details very soon.

In closing, I thank the hon. Member for Bradford South and my right hon. Friend the Member for Romsey and Southampton North for securing this debate, and to all who have contributed. I know that my hon. Friend the Member for Newbury was extremely keen to be here, but sadly, as my right hon. Friend the Member for Romsey and Southampton North correctly said, she is doing important work in supporting a Public Bill Committee to make sure that important legislation gets through. It is a pleasure to be here in her stead, for the second time in that post, as it were, speaking about a matter that affects us all.

I will take this opportunity to once again urge the public to remain vigilant, particularly as we come up to Christmas and the new year. We all know that this is the time when people quite rightly want to celebrate—or commiserate—the end of the year, and to be together with friends and enjoy some time off. Sadly, it is a time when some people will be left more vulnerable, and it is important that we look out for each other. It should not be so—that should not be necessary, and we are looking very carefully at how legislation may need to change to ensure that it is not—but, as it is, the point has to be made that this is, sadly, a dangerous time of the year, and that it is worth being cautious.

There should be no doubt about how seriously my hon. Friend the Member for Newbury, the Home Secretary and the whole of the Home Office take this issue. We will continue to work closely with the police and other partners to crack down on spiking through the various measures that I have outlined and, no doubt, through various measures that have been outlined by others here today. We will do everything we can do bring measures in as soon as possible and to keep people safe.

Online Fraud Charter

Tom Tugendhat Excerpts

Thursday 30th November 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

Today, I am pleased to inform the House that we are publishing the online fraud charter.

A key deliverable in the Government’s fraud strategy—https://www.gov.uk/government/publications/fraud-strategy

—the online fraud charter contains a series of ambitious commitments from several of the largest tech companies in the world. These commitments reflect a landmark moment in our fight against fraud and will target some of the most harmful and pervasive frauds that occur online. This includes stronger action to make sure people are who they say they are on marketplaces and on dating apps. It will ensure that signatory companies make fraud easier to report online. When content or users are found to be fraudulent, immediate and decisive enforcement action will be taken.

Further detail will be published online but the charter will contain actions focusing on:

Blocking frauds from occurring in the first place

Improved reporting structures and faster takedowns of harmful content and users

Making sure advertisers are who they say they are

Greater collaboration with law enforcement and other partners to drive further intelligence sharing, transparency, public communications and horizon scanning.

Tech companies have made strong progress in the last several years in combating fraud and, with the Online Safety Act 2023 in the process of coming fully into operation, change will be a statutory responsibility. However, those that have signed this charter have shown their willingness to work faster and in a more targeted fashion than regulation will require. I commend their constructive engagement and their ambition in agreeing to these commitments. I am pleased to see them taking responsibility to protect their users from fraud.

We are taking the fight to the fraudsters, targeting the criminals that try to exploit us when we are online. Today, my right hon. Friend the Minister for Media, Tourism and Creative Industries has also announced the publication of the Online Advertising Taskforce action plan, which brings together initiatives from industry and Government to tackle illegal online advertising and increase protections for children. Through both of today’s announcements, the Government and industry will implement significant steps to make sure that the British public are protected online. The online fraud charter will be published on the Joint Fraud Taskforce gov.uk page— https://www.gov.uk/government/collections/joint-fraud-taskforce.

[HCWS82]

Draft Counter-Terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023 Draft National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023 Draft National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023

Tom Tugendhat Excerpts

Wednesday 29th November 2023 General Committees

[The Minister for Security (Tom Tugendhat)]

I beg to move,

That the Committee has considered the draft Counter-Terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023.

[The Chair]

With this it will be convenient to consider the draft National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023 and the draft National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023.

[Tom Tugendhat]

It is a pleasure to serve under your extremely efficient chairmanship, Mr Twigg, and to see my very old friend, the hon. Member for Barnsley Central, who is scrutinising my work again in the way that only he can.

All three of these statutory instruments were laid before the House on 16 October, and relate to measures in the National Security Act, which received Royal Assent in July. It is the most significant piece of legislation for tackling the increase in state-based threats to our nation in a century. It brings together vital new measures to protect the British public, modernise counter-espionage laws and address the evolving threat to our national security. In essence, it provides our world-class law enforcement and intelligence agencies with new and updated tools to do their critical work. It is essential that we bring the powers in the Act into force to protect this country, and these instruments are an important part of making that happen. Once they are approved and come into force, we can also bring into force parts 1 to 3 of the Act. These statutory instruments support the powers created by the primary legislation, and do not create new powers or make changes to primary legislation that has already been agreed by Parliament. They ensure that the legislation can be implemented effectively and proportionately.

The first instrument, the draft National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023, will create a new code of practice governing the video recording of individuals arrested under the Act. Schedule 6 of the Act requires that any interview by a constable of a person detained using the arrest powers in section 27 be video recorded with sound, and that video recording be carried out in accordance with the code of practice. That is the same requirement as for anyone interviewed following an arrest made under equivalent terrorism legislation. The code of practice is based closely on the terrorism equivalent, and provides guidance on how interviews should be conducted, including on the sealing of video recordings, on taking breaks during interviews, and on conducting interviews with deaf people or those who do not understand English.

The second instrument, the draft Counter-terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023, updates the code of practice that governs the exercise of the port examination power in schedule 3 of the Act. That power allows accredited counter-terrorism police officers to stop and examine a person at a port or border area to determine whether they are, or have been, involved in malign activity on behalf of a state.

The amendments to the code of practice simply reflect a change made by the National Security Act. It requires a counter-terrorism police officer of at least the rank of superintendent to authorise the retention of copies of confidential business material, instead of the Investigatory Powers Commissioner. That change brings the process into line with the equivalent power in terrorism legislation, which has proven effective and avoids undue burdens on the system.

The Government carried out a statutory public consultation on the changes to this code and the creation of the video recordings code between 20 July and 31 August. The majority of consultees acknowledged that the codes were key to ensuring that police officers have clear guidance on their new powers, and that the powers are used in a way that is both fair and proportionate. However, where appropriate, we made further minor changes to meet the concerns of some consultees. For example, following feedback from Police Scotland on the video recording code, we made minor amendments to ensure that it is consistent with Scottish policing practice and procedure. The full response to the consultation can be found on gov.uk.

On the topic of codes of practice, there will be a debate tomorrow in which the Minister for Crime, Policing and Fire will discuss another instrument regarding six codes of practice under the Police and Criminal Evidence Act 1984 that are created or amended as a consequence of the powers in the National Security Act. I will not go into detail on those codes of practice—that is a matter for my right hon. Friend—but it is worth noting that they too went through a statutory consultation, which can be found on gov.uk.

Finally, the National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 makes consequential amendments to primary legislation using the power in section 95 of the National Security Act. While some consequential amendments are made through schedule 18 to the Act, the power in section 95 allows any further amendments to be made as a consequence of the provisions in the National Security Act. Consequential amendments are a customary part of any new legislation, and are required to ensure that existing legislation is up to date and reflects changes brought about by the National Security Act. They are not substantive amendments, but simply consequential to the creation of the National Security Act.

Several amendments concern the Official Secrets Acts 1911, 1920 and 1939, which the National Security Act replaces and repeals. References to those Acts in other legislation are updated to reference the relevant provisions in the National Security Act or, where appropriate, are repealed entirely. This includes references to the prohibited places regime in the Official Secrets Act 1911 and the preparatory conduct offence under section 7 of the Official Secrets Act 1920, both of which have been updated and replaced by the National Security Act. Other amendments made through this instrument account for other powers and offences created in the National Security Act. For example, amendments to the Criminal Justice and Police Act 2001 account for search and seizure powers created by schedule 2 to the National Security Act.

I hope I have made it clear that these regulations are simply supportive of primary legislation that has already been agreed by Parliament, and passing them is an important step to bringing that primary legislation into force. I therefore commend the regulations to the Committee.

--- Later in debate ---

[Tom Tugendhat]

I am grateful to the hon. Member for Barnsley Central and the hon. Member for Glasgow Central for their comments. On the Modern Slavery Act, the amendments are consequential to the primary legislation, so they are entirely in keeping with what was voted through in Parliament. I know the hon. Member for Barnsley Central is aware of that, but I will write to him on the statutory guidance to make the changes clear. I am grateful for his kind words on what I have been up to recently; I will chase up that letter on the last Delegated Legislation Committee, and will make sure that he gets it as soon as possible.

The consultations were carried out in the usual way. There is an open process: we announce that we are looking at an issue, and Members from devolved Administrations, local authorities, policing authorities or whatever bodies are relevant to the consultation are invited to comment. Others can comment as they see fit. Consultation began on 20 July and closed on 31 August. We did not have a huge number of comments, but we had some welcome interactions with Police Scotland and policing authorities in Scotland, which were useful in ensuring that we got the answers right.

Question put and agreed to.

DRAFT NATIONAL SECURITY ACT 2023 (VIDEO RECORDING WITH SOUND OF INTERVIEWS AND ASSOCIATED CODE OF PRACTICE) REGULATIONS 2023

Resolved,

That the Committee has considered the draft National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023.—(Tom Tudgendhat.)

DRAFT NATIONAL SECURITY ACT 2023 (CONSEQUENTIAL AMENDMENTS OF PRIMARY LEGISLATION) REGULATIONS 2023

Resolved,

That the Committee has considered the draft National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023.—(Tom Tugendhat.)

Ban on SIM Farms: Government Response to Consultation

Tom Tugendhat Excerpts

Monday 27th November 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

I am today publishing a response to the consultation on the banning of SIM farms in the UK and introducing legislation that would criminalise the possession and supply of SIM farms used for fraud.



In May 2023, we consulted on a potential ban on SIM farms, defined as devices that can make calls and texts and hold more than four SIM cards at one time. We are grateful to those who took time to respond to the consultation.



Responses to the consultation support the Government’s approach to addressing the issue of SIM farm equipment being used to perpetrate fraud. Respondents agreed that the ban will raise the barrier to entry for those engaging in illegal activities, making it more difficult for them to obtain and exploit SIM farms for fraud.



This consultation has informed legislation that we have brought forward in the Criminal Justice Bill, creating a new criminal offence to supply or possess a SIM farm, subject to certain exemptions for legitimate use and where adequate due diligence has been undertaken. The offence will carry a penalty of an unlimited fine.



The provisions include measures to extend the offence to any other telecommunications device or other article where there is a significant risk of it being used for fraud.



This new offence will give police additional tools to disrupt criminals and make it more difficult to access and abuse SIM farms and similar technologies for fraud.



The response (CP 978) has been laid before the House and is available on www.gov.uk.

[HCWS70]

Oral Answers to Questions

Tom Tugendhat Excerpts

Monday 27th November 2023 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

3. What assessment his Department has made of the effectiveness of the Defending Democracy Taskforce in preventing foreign interference in the UK’s democratic integrity.

[The Minister for Security (Tom Tugendhat)]

It is a great pleasure to tell the hon. Lady that the Defending Democracy Taskforce, which was set up under the National Security Council, has been operating for about a year and is working closely with parliamentary authorities, devolved Administrations and local authorities around the country, alongside intelligence agencies, the police and opposite numbers from various parties. It has already updated many individuals across the House on different ways in which we can improve our own security and make sure that this country’s democracy is safer. The fundamental way to protect our democracy is to get involved, so I urge anyone watching to join a party—any party, but particularly the Conservative party—and get involved in politics, to keep the United Kingdom Government working for the people of the United Kingdom.

[Cat Smith]

Given the huge importance of preventing foreign interference in our democracy, does the Minister agree that, for the purposes of transparency, Lord Cameron should declare all previous contacts with, and moneys earned from, foreign Governments after he left the office of Prime Minister and before he was appointed Foreign Secretary?

[Tom Tugendhat]

The hon. Lady raises an interesting point on how we keep our politics accountable. Rules are set out by this House, the other place, the Independent Parliamentary Standards Authority and various other people on how we account for expenses, money raised and various forms of connection. She is right that those records must be kept up to date. The Prime Minister expects every Minister to do that, and I am very confident that the new Foreign Secretary—whom I congratulate—has done so.

[Madam Deputy Speaker]

I call the shadow Minister.

[Tom Tugendhat]

This is the first time that I have faced the hon. Gentleman across the Dispatch Box—last time we were side by side, so this is a bit of change. He raises some interesting and important points. The National Security and Investment Act was passed a little over a year ago, and the Deputy Prime Minister himself chairs the body that advises on it. That is incredibly important because, as we know, foreign ownership and control is a vital area of foreign influence in our Government and society. That is why we are looking not just at that, but at how the foreign media today are not just traditional media—some of whom we see represented up in the Press Gallery; some of them are even waving. Social media is now so important too. It is worth noting the recent Ofcom report that about a third of under-25s get their news from TikTok, which as we know has its algorithm written by individuals under the control of a foreign state—one that is not always friendly.

[Wendy Chamberlain (North East Fife) (LD)]

4. What assessment he has made of the potential merits of providing temporary visas to the dependants of visiting students and academics when the dependants are living in conflict zones.

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[Mrs Sheryll Murray (South East Cornwall) (Con)]

T8. During the recent protests, we have seen politicians hounded out of their offices and even needing a police escort at a train station. What more can we do to ensure that people who make decisions are doing it fairly and not from intimidation?

[The Minister for Security (Tom Tugendhat)]

My hon. Friend makes an excellent point. That is exactly why we are having an emergency meeting of the Defending Democracy Taskforce tomorrow to assess these issues. The incidents that we have seen in this country since 7 October—absolutely hateful incidents—have left some people feeling unable to make the arguments that their constituents would expect them to make because they feel vulnerable or they feel threatened. That is why I have been engaging on a protective security review not just for the Government, but for all Members of this House, and for other elected officials around our country. It is completely wrong for our democracy to be silenced by anyone, and it certainly should not be silenced by cowards.

[Peter Grant (Glenrothes) (SNP)]

T6.   My constituent, Dr Lubna Hadoura, has given almost 30 years of service in a specialised role to our NHS. Today, all she can think about is her 84-year-old mum and other members of her family who are stuck in Gaza with no hope of escape. Will the Secretary of State agree to meet urgently with me and Dr Hadoura so that she can set out to him more powerfully than I ever could the urgent humanitarian and moral imperative to get the families of UK citizens out of Gaza before it is too late?

Draft Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Revised Guidance) Regulations 2023

Tom Tugendhat Excerpts

Tuesday 14th November 2023 General Committees

[The Minister for Security (Tom Tugendhat)]

I beg to move,

That the Committee has considered the draft Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Revised Guidance) Regulations 2023.

It is a great pleasure to serve under your chairmanship, Mr Vickers. This is the first time I have served under the chairmanship of the representative of my uncle and aunt, so it is a great privilege.

The draft statutory instrument was laid before Parliament on 7 September 2023. It relates to Prevent, which is one of the pillars of Contest, the United Kingdom’s counter-terrorism strategy.

If I may quote Sir William Shawcross, who earlier this year published an independent review of Prevent:

“Prevent has a noble ambition”.

Its aim is to stop people becoming terrorists or supporting terrorism. The Prevent programme literally saves lives. It helps to tackle the causes of radicalisation and assists people to disengage from terrorist ideologies. In simple terms, Prevent is an early intervention programme that works to keep us all safe. I am a passionate advocate of this preventive approach.

To offer early interventions to those in need, Prevent needs the help of certain frontline sectors that are well placed to support communities to reject dangerous ideologies, or to recognise when someone they know could be susceptible to radicalisation. That is why we have the Prevent duty, which is set out in the Counter-Terrorism and Security Act 2015. It requires frontline actors, including education, healthcare, local authorities, criminal justice agencies and the police, to support Prevent’s ambition. It sits alongside other long-established duties on professionals to protect people from a range of harms, such as involvement in gangs or sexual exploitation.

The Prevent duty guidance, which is the reason for today’s debate, exists to ensure that those working in frontline sectors have the information they need to support Prevent’s mission effectively. The Counter-Terrorism and Security Act specifies the authorities to have regard to that guidance.

I recognise, of course, that Prevent’s mission is not easy. The process of radicalisation is complex, and unique to the individual. A multitude of factors can lead someone to subscribe to extremist ideology or to commit terrorist atrocities. Factors often include exposure to radicalising influences, real and perceived grievances, and an individual’s susceptibility. The Prevent duty helps to ensure that people who are susceptible to radicalisation are offered timely interventions before it becomes too late.

Hamas’s brutal terrorist attack and extremist exploitation of the conflict in Israel and Gaza serve as stark reminders as to what happens when extremism is allowed to fester. The disturbing escalation we have witnessed in extremist rhetoric, both online and offline, aims to raise tensions, divide communities and fuel hatred. Delivering Prevent in the best way possible is vital to strengthen our united front against those insidious influences.

As Members will no doubt be aware, the independent review of Prevent was published on 8 February 2023. Within the review, Sir William Shawcross made 34 recommendations, all of which were accepted by the then Home Secretary and are well under way to being completed. We expect to deliver 29 of the 34 recommendations by February 2024, and the rest shortly thereafter.

The updated Prevent duty guidance, which is the subject of this draft statutory instrument, was issued on 7 September. It responds to several of Sir William’s recommendations. First, the guidance has updated Prevent’s first objective to make it clear that Prevent should

“tackle the ideological causes of terrorism”.

The ideological component of terrorism is what sets it apart from other acts of serious violence and it is on that that Prevent, as fundamentally a counter-terrorism initiative, must be focused.

Secondly, the guidance sets out requirements more clearly articulating the need for high-quality training so that radicalisation risks can be more effectively identified and managed. This will be supported by free Prevent duty training from the Home Office and a new face-to-face awareness training course. Updated training on gov.uk has already been provided for public sector staff subject to the Prevent duty.

Thirdly, the guidance provides professionals with an updated threat picture and introduces the details of the strategic security threat check, which helps Prevent recognise and respond to threats proportionately. In addition to responding to the independent review of Prevent’s recommendations, the guidance will assist statutory partners to understand how best to comply with the duty. It includes details of the capabilities they should have to be able to effectively identify and appropriately manage risk. It also advises on how they can help create an environment where the ideologies used to radicalise people into terrorism are challenged and not permitted to flourish. However, importantly the guidance does not confer any new functions on statutory bodies and reflects current best practice from across the sector.

I acknowledge the excellent work that many professionals already undertake. Every day, our agencies and law enforcement officers work tirelessly to stop those who wish to do us harm. Since March 2017, they have disrupted 39 late-stage plots in the United Kingdom. Our statutory partners are also crucial in that work, and I am immensely grateful for the valuable contribution they make to help keep our country safe by facilitating early interventions for those susceptible to radicalisation. It is in recognition of that, and to ensure close consultation, that a range of key governmental partners were engaged throughout the development of the updated guidance. I am pleased to report that their feedback has been positive.

Subject to the approval of this House, this statutory instrument will bring the new guidance into effect on 31 December 2023, replacing the outdated guidance from 2015. Officials are already working closely with key partners to roll out the guidance, and they stand ready to support its implementation. As I have made clear, Prevent is a vital component of our response to terrorism, but it is a joint effort. With this new guidance, the safety net is strengthened and the country will be safer, which is why I commend it to the Committee.

--- Later in debate ---

[Tom Tugendhat]

I thank all hon. Members on all sides for the tone in which the debate has been conducted. The hon. Member for Barnsley Central is absolutely right that the first time we met I was sent out to shadow him. I very much hoped I would not have to take his job because we were in a combat theatre. This time, sadly, he is gunning for mine. I assure him I will resist just as hard as we resisted together nearly 20 years ago.

It is a great pleasure to work with the hon. Gentleman on this. As many will know, trust between individuals is what makes this Parliament work when it works at its best. We oppose each other on various areas—or rather, he opposes me as I try to do the best for the Government of the country—but the co-operation we have had has improved our ability to co-operate on things that matter. This is something that matters.

I want to pick up on the points the hon. Member—

[Mr Jones]

Right hon. Member.

[Tom Tugendhat]

I apologise to the right hon. Member who is sitting at the back and ask him to forgive me. He is an old friend and, again, he has raised some interesting matters.

As a friend of Jo Cox and a friend of David Amess, I appreciate the equality of terror in all its horror, in all its pain and in all its agony. I do not think that any of us in this place require a lesson in that. I hear point made by the right hon. Member for North Durham, but I would just say that the services, the intelligence agencies and the police fully appreciate that. The right hon. Member will also know that his words about professionalism in the Prevent space are absolutely right. We have heard frankly disgraceful commentary about the professionalism of our Prevent individuals, who are conducting these services, which completely ignores the fact—and it is a fact—that Prevent is about making sure that all British citizens are treated equally. It is about making sure that there is no soft racism of cultural misunderstanding that tolerates the extremism in one community rather than another, because “that’s normal for them”. No—all British citizens deserve the protection of the British state. They deserve protection from violence used against them, but they also deserve protection from the radicalisation of their children or themselves. That is what Prevent is about. It is about equality; it is about the rights of British citizens; and it is about the right of every citizen and individual in the United Kingdom to be safe.

The hon. Member for Barnsley Central made some interesting points. The point about mental health is valid and true; we are working with the Department of Health and Social Care on that. It is a complicated area, because while it is extremely likely that an individual who seeks to do harm through terrorism may well be suffering from a form of mental illness, that does not undermine the fact that their ideology is radicalising them towards violence. I am afraid that the overlap between mental health and terrorism does not negate either side. The reality is that both can exist at the same time, and we must address both at the same time.

The hon. Member’s point about the recent protests was also extremely valid. One of the things that has shocked me most—I use the term appropriately, I think—is the number of people the police have identified and want to talk to about incidents of racism, antisemitism and vile hatred who fill positions of responsibility in our society. That is completely unacceptable. The normalisation of antisemitism that we have seen on the streets is utterly unacceptable. It is wrong and deeply harmful. Not only is it harmful in the fear that it spreads in parts of the communities that we are lucky enough to represent, but it is wrong because it normalises in the minds of young people attitudes and actions that could easily lead to their causing greater harm and pain. We are absolutely committed to this, and I know that the Prevent professionals working in this space are fully aware of the dangers that we face.

A lot of the engagement on the AI question that the hon. Member spoke about is covered in different ways in the Online Safety Act 2023. The work that has just been done by the Prime Minister at Bletchley Park—the hon. Member will know what a remarkable achievement it was to get all those countries around the table for the AI safety summit—was an extraordinary effort that started to address some of the questions he spoke about. I am delighted to have the hon. Gentleman’ support on that, because it will evolve. The reality is that artificial intelligence is an extraordinary process. It is not just an event, but a process by which the acceleration of algorithms produces information and consequences much faster than many other systems have allowed. We are seeing extremism operating in a very different environment. We are also seeing a very different environment in which the information flowing into algorithms and producing artificial intelligence is changing the way in which different people understand things. This is a question about not just the process, but the input.

The last point I want to make is on the question about mixed, unstable or unclear ideology. In response to the right hon. Member for North Durham, the reality is that while there is extreme right-wing terrorism, it is not in any way ignored; in fact, it is addressed very clearly by our policing and Prevent professionals. Sadly, a huge amount of it is emerging at the moment from the Muslim community. It is a real problem, and we are addressing it. To protect young men and women in the Islamic community, we need to be sure that we support them in a way that would support everybody in the United Kingdom and attack those centres of radicalisation. It also means that we must look at other areas where they are emerging. The question about incel violence—involuntary celibate violence, or mixed, unstable or unclear violence—is also emerging. Sadly, it has grown at different points. It is still a smaller percentage of the events that we see, but sadly it is far too present even now.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Revised Guidance) Regulations 2023.

Investigatory Powers (Amendment) Bill

Tom Tugendhat Excerpts

Thursday 9th November 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

The Government introduced the Investigatory Powers (Amendment) Bill in the House of Lords yesterday, as committed to in the King’s Speech at the start of this parliamentary Session.



Building on the recent statutory report published by the Home Secretary on the operation of the Investigatory Powers Act 2016 (IPA) since it came into force— https://www.gov.uk/government/publications/report-on-the-operation-of-the-investigatory-powers-act-2016 —this Bill will make urgent and targeted amendments to the IPA to ensure that our security and intelligence agencies have the right tools at their disposal to keep the country safe.



The key elements of the Bill include:



Making changes to the bulk personal dataset regime, which will improve the security and intelligence agencies’ ability to respond with greater agility and speed to existing and emerging threats to national security.

Expanding the oversight regime to support the Investigatory Powers Commissioner to effectively carry out their role, including putting more of their functions on a statutory basis. This will maintain the robust, transparent, and world-leading safeguards in the investigatory powers regime.

Reforming the notices regimes, which will help the UK anticipate the risk to public safety posed by the rolling out of technology by multinational companies that precludes lawful access to data. This would reduce the risk of the most serious offences, such as child sexual exploitation and abuse or terrorism, going undetected.

Updating the conditions for use of internet connections records to ensure that these can be used effectively to target the most serious types of criminal activity and national security threats without a corresponding increase in levels of intrusion.

Increasing the resilience of the warrantry authorisation processes which will allow for greater operational agility for security and intelligence agencies, as well as for the National Crime Agency, in its investigations and support it to tackle the most serious national security and organised crime threats.

These new measures will:

Update the IPA to reflect that the world has changed significantly since 2016. Technology has rapidly advanced, and the type of threats the UK faces continue to evolve.

Enable the security and intelligence agencies to keep pace with a range of evolving threats, against a backdrop of accelerating technological advancements that provide new opportunities for terrorists, hostile state actors, child abusers and criminal gangs.

Ensure that the security and intelligence agencies can develop the necessary tools and capabilities to rapidly identify intelligence insights from vast quantities of data, allowing them to better understand and respond to threats to the UK.

These limited and targeted reforms to the IPA do not create new powers but, instead, recalibrate elements of the current regime to ensure that it remains fit for purpose to respond to modern threats.



This Bill has been developed in close partnership with the security and intelligence agencies, law enforcement agencies and the Investigatory Powers Commissioner’s Office. The measures being taken forward have also been driven by the recommendations made in the Home Secretary’s review and the independent review by Lord Anderson KBE KC which was published in June 2023: https://www.gov.uk/government/publications/independent-review-of-the-investigatory-powers-act-2016--2

[HCWS24]

Terrorism Prevention and Investigation Measures: 1 June 2023 to 31 August 2023

Tom Tugendhat Excerpts

Monday 16th October 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

Section 19(1) of the Terrorism Prevention and Investigation Measures (TPIM) Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of their TPIM powers under the Act during that period.

The level of information provided will always be subject to slight variations based on operational advice.