Cyber Security and Resilience (Network and Information Systems) Bill Debate

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Department: Department for Science, Innovation & Technology
Victoria Collins Portrait Victoria Collins (Harpenden and Berkhamsted) (LD)
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I beg to move, That the clause be read a Second time.

Judith Cummins Portrait Madam Deputy Speaker
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With this it will be convenient to discuss the following:

New clause 3—Review of high-risk bodies—

“(1) The Secretary of State must, within six months of the passing of this Act, publish and lay before Parliament a review of the national security risks posed to relevant network and information systems by foreign state ownership or control of relevant bodies.

(2) A review under this section must assess—

(a) the number of relevant bodies which are owned, in whole or in part, by a foreign state or a foreign state-owned enterprise;

(b) the risk of such bodies being compelled to facilitate unauthorised access to, or surveillance of, network and information systems in the United Kingdom; and

(c) the adequacy of current powers under Part 4 (Directions for national security purposes) to mitigate such risks posed to the security and resilience of essential activities.

(3) In this section—

“relevant body” means—

(a) an operator of an essential service,

(b) a relevant digital service provider,

(c) a relevant managed service provider, or

(d) a critical supplier,

within the meaning of the NIS Regulations.

“foreign state-owned enterprise” means a body corporate in which a foreign state has a controlling interest;

“network and information systems” has the meaning given by section 24(1).”.

This new clause would require the Government to review the security risks posed by critical suppliers and essential service providers linked to foreign states and evaluate whether current powers are sufficient to address these threats.

New clause 4—Critical manufacturing and retail sectors

“(1) The Secretary of State must, within six months of the passing of this Act, introduce regulations under section 24(3) to specify the following as essential activities—

(a) the manufacture of critical transport equipment;

(b) the industrial production and processing of food products; and

(c) the retail sale of food and essential goods via large-scale distribution chains.

(2) Regulations made under subsection (1) must designate appropriate regulatory authorities for these sectors.”.

This new clause would require the Secretary of State to designate the manufacturing of critical transport equipment and retail of food and essential goods (when part of a large-scale distribution chain) as essential activities, bringing them within the scope of Part 3 of the Bill.

New clause 5—Local authorities to be regulated as essential services

“(1) The NIS Regulations are amended as follows.

(2) In the table in Schedule 1 (designated competent authorities), after the entry relating to the energy sector, insert—

“Local Government

Local Government

The Secretary of State for Housing, Communities and Local Government”



(3) In Schedule 2 (essential services and threshold requirements), after paragraph 11 insert—

“The Local Government Sector

12 — (1) This paragraph describes the threshold requirements which apply to specified kinds of essential services in the local government subsector.

(2) For the essential service of the maintenance of electoral registers, the threshold requirement is that the entity is a local authority responsible for the maintenance of an electoral register.

(3) For the essential service of the management of social care records, the threshold requirement is that the entity is a local authority responsible for the management of social care records.

(4) In this paragraph “local authority” means—

(a) in England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in Wales, a county council or a county borough council;

(c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(d) in Northern Ireland, a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972.”.

This new clause would bring local authorities within the scope of the NIS Regulations as operators of essential services in relation to their functions managing electoral rolls and social care records. This ensures that public sector bodies holding sensitive data such as electoral rolls and social care records are subject to the same statutory protections as other critical infrastructure.

New clause 6—Computer Misuse Act 1990: security and resilience of network and information systems

“(1) The Secretary of State must, within twelve months of the passing of this Act, review whether amendments to the Computer Misuse Act 1990 may be conducive to ensuring, maintaining or improving the security and resilience of network and information systems used or relied upon in connection with the carrying on of essential activities.

(2) Following the conclusion of the review under subsection (1), the Secretary of State must lay before Parliament a report which outlines—

(a) the potential amendments to the Computer Misuse Act 1990 which were considered as part of the review;

(b) the review’s conclusions as to whether the potential amendments considered could be beneficial in ensuring, maintaining or improving the security and resilience of relevant network and information systems; and

(c) the Government’s intentions to make amendments to the Computer Misuse Act 1990 or act on any other recommendations of the review.”.

This new clause would require the Secretary of State to review, within 12 months, whether amending the Computer Misuse Act 1990 could improve the resilience of network and information systems, and to report the government’s intentions to Parliament.

New clause 7—Consultation on resourcing of regulatory authorities and regulated persons

“(1) The Secretary of State must, within one year of the passing of this Act, carry out a consultation with regulatory authorities and regulated persons for the purpose of assessing—

(a) whether regulatory authorities and regulated persons have resources and capabilities adequate to fulfil their requirements under this Act; and

(b) whether further government support is needed.

(2) The Secretary of State must publish a report setting out the findings of the assessment carried out under subsection (1).”.

This new clause would require the Secretary of State to consult and report within one year on whether regulatory authorities and regulated persons have sufficient resources and capabilities to meet their statutory obligations, and whether additional government support is required.

New clause 8—Electoral infrastructure to be regulated as an essential service

“(1) The NIS Regulations are amended as follows.

(2) In the table in Schedule 1 (designated competent authorities), after the entry relating to digital infrastructure insert—

“Elections

Electoral infrastructure

The Electoral Commission”



(3) In Schedule 2 (essential services and threshold requirements), after paragraph 11 insert—

“The electoral infrastructure subsector

12 — (1) This paragraph describes the threshold requirements which apply to specified kinds of essential services in the electoral infrastructure subsector.

(2) For the essential service of the administration of an election or the maintenance of an electoral register in the United Kingdom, the threshold requirement is that the service relies on network and information systems to—

(a) maintain a register of electors containing more than 50,000 entries;

(b) issue, receive, or process postal ballots for a parliamentary or local government election; or

(c) count or aggregate votes cast in a parliamentary, mayoral or local government election.

(3) In this paragraph—

“parliamentary election” means an election of a Member to serve in the Parliament of the United Kingdom;

“network and information system” has the meaning given by section 24(1) of the Cyber Security and Resilience (Network and Information Systems) Act 2026.

(4) In regulation 8A (nomination by an OES of a person to act on its behalf in the United Kingdom), after paragraph 1(b) insert—

‘(c) provides an essential service of a kind referred to in paragraph 11 of Schedule 2 (elections sector) within the United Kingdom.’”.

This new clause would designate the administration of elections and maintenance of voter registers as an “essential service” within the meaning of the NIS Regulations.

New clause 9—Political parties to be regulated as an essential service

“(1) The NIS Regulations are amended as follows.

(2) In the table in Schedule 1 (designated competent authorities), after the entry relating to digital infrastructure insert—

“Government

Political parties

The Secretary of State for Housing, Communities and Local Government”



(3) In Schedule 2 (essential services and threshold requirements), after paragraph 11 insert—

“The political parties subsector

12 — (1) This paragraph describes the threshold requirements which apply to specified kinds of essential services in the political parties subsector.

(2) For the essential service of the management and operation of a registered political party in the United Kingdom, the threshold requirement is that the political party is represented by at least two Members of the House of Commons.

(3) In this paragraph—

“registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.”.

This new clause would designate political parties as providing essential services for the purposes of cyber security.

New clause 10—Board oversight of security and resilience of network and information systems

“(1) Where a relevant body is governed by a board or equivalent management body, that body must exercise oversight of arrangements relating to the security and resilience of the body’s network and information systems.

(2) In exercising oversight, the management body must—

(a) approve the approach taken by the body to the management of risks to the security and resilience of the body’s network and information systems; and

(b) satisfy itself, on a periodic basis, that appropriate and proportionate measures are in place to manage those risks.

(3) The management body may be held accountable for failures by the body to comply with duties relating to the security and resilience of its network and information systems.

(4) Members of the management body must undertake training designed to enable them to identify risks and assess appropriate risk-management practices.

(5) For the purposes of this section, a relevant body is one which is—

(a) an operator of an essential service,

(b) a relevant digital service provider,

(c) a relevant managed service provider, or

(d) a critical supplier,

within the meaning of the NIS Regulations.”.

This new clause would require active board oversight of, and accountability for, security and resilience measures, where a relevant body is governed by a board or similar body.

New clause 11—Requirement for regular testing of network and information systems

“(1) A relevant body must undertake regular testing of the security and resilience of the network and information systems on which it relies in the provision of its services.

(2) Testing undertaken in accordance with this section must—

(a) be proportionate, having regard to the size, nature and risk profile of the business; and

(b) be conducted periodically, at intervals that are appropriate to the risks identified by the body.

(3) A relevant body must document—

(a) the outcomes of testing undertaken in accordance with this section; and

(b) any remedial actions required or taken in response to the testing.

(4) Information documented under subsection (3) must be provided to the relevant regulatory authority upon request.

(5) For the purposes of this section, a relevant body is one which is—

(a) an operator of an essential service,

(b) a relevant digital service provider,

(c) a relevant managed service provider, or

(d) a critical supplier,

within the meaning of the NIS Regulations.”.

This new clause would require bodies to carry out proportionate, periodic testing of the security and resilience of their network and information systems and provide the results to regulatory bodies upon request.

New clause 12—“Last-resort” powers in respect of data centres and AI models

“(1) Regulations under section 29(1) may confer on the Secretary of State powers (“last-resort powers”) to direct the shutdown of—

(a) data centres, or

(b) AI systems used or deployed by a data centre,

in the event of an AI security or operational emergency.

(2) For the purposes of this section—

“data centre” has the meaning given in paragraph 11 of the NIS Regulations (as amended by this Act);

“AI system” means a machine-based system that, from the input it receives, can infer how to—

(a) generate predictions, digital content, recommendations, decisions or other similar outputs, or

(b) influence a physical or virtual environment,

with a view to achieving an explicit or implicit objective;

“used or deployed” means made available to—

(a) a substantial number of individuals within the United Kingdom; or

(b) providers and operators of essential services;

“AI security or operational emergency” means a situation where the Secretary of State has reasonable grounds to believe that—

(a) there is a security or operational compromise to one or more relevant network and information systems,

(b) this compromise is caused, or contributed to, by the use or operation of an AI system used or deployed by a data centre, whether through autonomous or non-autonomous means; and

(c) this compromise poses a catastrophic risk;

“catastrophic risk” means a risk carrying a reasonable likelihood of causing or contributing to—

(a) large-scale disruption to critical infrastructure or essential services;

(b) significant degradation of the national security, national defence, or intelligence capabilities of the United Kingdom; or

(c) severe, large-scale harm to human life;

“data centre operator” means a person who operates a data centre;

(3) As soon as reasonably practicable after, and in any event within seven days of, giving a direction under subsection (1), the Secretary of State must—

(a) lay a report before Parliament setting out the direction and the reasons for it; and

(b) take all reasonable steps to arrange for the report to be the subject of a debate in each House as soon as is reasonably practicable.

(4) Regulations relating to last-resort powers must establish requirements on data centre operators in relation to data centres used for the training, deployment or operation of AI systems, including relating to—

(a) the possession or installation of technical infrastructure necessary for compliance with last-resort powers;

(b) the provision of secure communication channels for use by the Secretary of State when utilising last-resort powers;

(c) the implementation of regular emergency exercises to ensure that a direction under this section can be received safely and implemented; and

(d) post-mortem processes to be followed before a data centre is allowed to resume operations after the use of last-resort powers, including—

(i) incident reporting; and

(ii) implementation of mitigation measures to prevent recurrence.

(5) A person commits an offence if they fail to comply with any requirement imposed by regulations made under subsection (4).

(6) Regulations relating to last-resort powers may—

(a) confer on the Secretary of State, or on a person designated by the Secretary of State, powers to act where they reasonably believe that an offence under subsection (5) is being, has been, or may be about to be committed;

(b) include, for the purposes of paragraph (a), powers to—

(i) close premises;

(ii) turn off systems or require that they be turned off;

(iii) take any other action necessary to control the risk arising from an AI security or operational emergency.

(7) Regulations must require that, where powers under subsection (6) are exercised, the Secretary of State must—

(a) give written notice of the action taken, and the reasons for the action taken, to the operator or provider as soon as reasonably practicable; and

(b) inform the operator or provider of their right to apply to the High Court for relief.

(8) The High Court may make any order it thinks fit on an application under subsection (7)(b), including—

(a) confirming, varying or cancelling the requirements;

(b) imposing additional requirements;

(c) ordering compensation.

(9) The Secretary of State must publish guidance on the use by licensing authorities, planning authorities and other public authorities of their statutory powers to facilitate compliance with regulations relating to this section.

(10) A public authority must have regard to guidance issued under subsection (9) when exercising any function to which the guidance relates.

(11) The Secretary of State must, within six months of the commencement of this section and subsequently at six-monthly intervals, prepare a report on the causes and potential causes of AI security or operational emergencies and lay a copy of the report before Parliament.

(12) The causes and potential causes of AI security or operational emergencies considered in any report under subsection (11) must include —

(a) adversarial uses of AI systems by state and non-state actors;

(b) the capabilities for cyber-attacks by autonomous AI systems; and

(c) the development of AI systems that can autonomously compromise national security, escape human oversight, and upend international stability, including systems described as “superintelligent AI”.”.

This new clause would enable the Secretary of State to be granted “last-resort powers” to ensure that the government can intervene in case of an emergency caused by AI used or deployed by a data centre which can cause large-scale harm.

New clause 13—Digital Sovereignty Strategy on risks posed by foreign interference and reliance on foreign technologies

“(1) The Secretary of State must, within 12 months of the passing of this Act, publish a strategy (“a Digital Sovereignty Strategy”) which sets out the Government's approach to maintaining the security and resilience of relevant network and information systems by—

(a) assessing, managing and mitigating risks—

(i) associated with foreign interference,

(ii) arising from reliance on foreign-supplied technologies, and

(b) preventing over-reliance on foreign providers by building domestic capacity.

(2) For the purposes of this section, a “relevant network and information system” is a network and information system belonging to—

(a) an operator of an essential service,

(b) a relevant digital service provider,

(c) a relevant managed service provider, or

(d) a critical supplier, within the meaning of the NIS Regulations.

(3) A Digital Sovereignty Strategy published under this section must—

(a) include risks associated with—

(i) hardware,

(ii) software,

(iii) supply chains, and

(iv) procurement processes;

(b) include a specific focus on security and resilience in government digital procurement processes, detailing how the Government intends to reduce strategic dependencies on foreign-owned service providers to mitigate the risk of systemic disruption;

(c) include a commitment to prioritise the use of technologies developed in the UK by UK organisations in relevant network and information systems to reduce reliance on foreign technologies, and

(d) where risks are identified under subsection (1)(a)(i), state how the Government intends to address these risks by supporting the use of domestic technologies or systems for the purpose of ensuring the security of those systems.”.

This new clause would require the Government to publish a Digital Sovereignty Strategy setting out how it intends to address risks to relevant network and information systems posed by foreign interference and reliance on foreign technologies, including by supporting the use of domestic technologies.

New clause 14—Register of foreign powers for the purposes of Part 4

“(1) For the purposes of informing action taken under Part 4 of this Act, the Secretary of State must by regulations, and within six months of the passing of this Act, establish and subsequently maintain a register of foreign powers that the Secretary of State believes present a risk to the United Kingdom’s critical network and information systems.

(2) Foreign powers determined by the Secretary of State as eligible for inclusion on the register under subsection (1) must include states which have been confirmed by GCHQ as posing a risk to the security or resilience of the network or information systems of one or more operators of an essential service or critical suppliers, including where the relevant risk is posed by state affiliated groups.

(3) Regulations under this section are subject to the affirmative resolution procedure.

(4) In this section, “foreign power” means—

(a) the sovereign or other head of a foreign state in their public capacity;

(b) a foreign government, or part of a foreign government;

(c) an agency or authority of a foreign government, or of part of a foreign government;

(d) an authority responsible for administering the affairs of an area within a foreign country or territory, or persons exercising the functions of such an authority; or

(e) a political party which is a governing political party of a foreign government. A political party is a governing political party of a foreign government if persons holding political or official posts in the foreign government or part of the foreign government—

(i) hold those posts as a result of, or in the course of, their membership of the party, or

(ii) in exercising the functions of those posts, are subject to the direction or control of, or significantly influenced by, the party.”

This new clause would require the Government to maintain a register of state actors posing a threat to UK cyber security for the purposes of exercising the Secretary of State’s powers under Part 4 of the Act, which enable the giving of directions in the interests of national security.

New clause 15—Review of the cyber security risk posed by foreign powers

“(1) The Secretary of State must, within 12 months of the passing of this Act and annually thereafter, review the extent and nature of the risk posed by relevant foreign powers to the network and information systems of operators of essential services and critical suppliers.

(2) A review under this section must identify whether any risk arises from—

(a) activities undertaken outside of the UK, or

(b) foreign owned or controlled infrastructure or locations within the UK.

(3) For the purposes of subsection (1), “relevant foreign powers” include states which have been confirmed by GCHQ as posing a risk to the security or resilience of the network or information systems of one or more operators of an essential service or critical suppliers, including where the relevant risk is posed by state departments, state agencies or affiliate groups.

(4) Within three months of each review under subsection (1), the Secretary of State must—

(a) lay before Parliament a report containing the findings and conclusions of the review; and

(b) where information is not included in a report on the grounds of being prejudicial to the UK’s national security, send such information to the Intelligence and Security Committee of Parliament.”

This new clause would require the Government to report on the risk to relevant network and information systems posed by specified foreign powers, considering whether such risks arise from extra-territorial activities and/or UK infrastructure or premises owned or controlled by foreign powers.

New clause 16—Digital Sovereignty Strategy (relevant network and information systems)

“(1) The Secretary of State must prepare and maintain a Digital Sovereignty Strategy (“the Strategy”) in relation to relevant network and information systems.

(2) The Strategy must—

(a) set out the Government’s assessment of the risks to relevant network and information systems arising from or related to—

(i) dependence on hardware, software, or digital services that may be subject to foreign interference;

(ii) extra-territorial legal requirements that may be imposed on non-domiciled suppliers;

(iii) vulnerabilities, undue control, or supply-chain dependency on foreign states or entities;

(b) technological developments, market concentration, or strategic dependencies that may affect the security or resilience of relevant network and information systems;

(c) set out the Government’s approach to mitigating the risks identified under subsection (2); and

(d) include an assessment of—

(i) the role of open source software, open standards, and open architectures in strengthening the resilience, transparency, and security of relevant network and information systems;

(ii) the security and maintenance needs of open source software components used, or proposed to be used, in relevant network and information systems;

(iii) the skills, capabilities, and capacity of United Kingdom-based developers, maintainers, and technical experts required to support the use of open source components in relevant network and information systems;

(iv) options to increase the use of open source components and to diversify open source suppliers, reduce strategic dependencies, and enhance domestic capability in key technologies used in relevant network and information systems;

(v) options for international collaboration in the production of open source components used in relevant network and information systems;

(vi) any legislative, regulatory, procurement, or policy measures the Government considers necessary to support digital sovereignty through open source components and reduce systemic risk in relation to relevant network and information systems.

(3) The Secretary of State must publish the Strategy and any revisions to it, subject to the redaction of information the publication of which would be reasonably likely to prejudice national security.

(4) The Strategy must be reviewed at least once in every three-year period but may be updated whenever the Secretary of State considers that significant new risks have arisen.

(5) In this section—

“relevant network and information system” means a network and information system belonging to—

(a) an operator of an essential service,

(b) a relevant digital service provider,

(c) a relevant managed service provider, or

(d) a critical supplier,

within the meaning of the Network and Information Systems Regulations 2018;

“digital sovereignty” means the ability of the United Kingdom to maintain secure, resilient, and reliable access to and control over the hardware, software, data, and digital services on which relevant network and information systems depend;

“open source” has the meaning given to it in the definition published by the Open Source Initiative.”

New clause 18—Review of the number of bodies providing cloud computing services

“(1) The Secretary of State must, within six months of the passing of this Act, publish and lay before Parliament a review of the risks posed to relevant network and information systems by the number of different bodies providing or supplying cloud computing services.

(2) For the purposes of this section, “cloud computing services” has the meaning given in paragraph 1 of the NIS Regulations.”

This new clause would require the Government to review the risks posed to relevant network and information systems by the number of different bodies providing or supplying cloud computing services.

New clause 19—Review of risks posed by foreign state ownership or control of providers of cellular Internet of Things modules

“(1) The Secretary of State must, within six months of the passing of this Act, publish and lay before Parliament a review of the risks posed to relevant network and information systems by foreign state ownership or control of providers of cellular Internet of Things modules.

(2) For the purposes of this section–

“cellular Internet of Things modules” means devices that communicate over public mobile networks for the purposes of enabling autonomous machine to machine communication;”.

This new clause would require the Government to review the risks posed to relevant network and information systems by providers of cellular Internet of Things modules owned or controlled by foreign states.

New clause 20—Specification of retail commerce as an essential activity

“(1) The Secretary of State must, within six months of the passing of this Act, introduce regulations under section 24(3) to specify as an essential activity retail commerce carried out by companies with an annual turnover in excess of £12 billion.

(2) Regulations introduced under subsection (1) must designate appropriate regulatory authorities for this sector.”

This new clause would require the Secretary of State to designate retail commerce carried out by companies with an annual turnover in excess of £12 billion as an essential activity, bringing it within the scope of Part 3 of the Bill.

New clause 21—Food supply chain to be regulated as an essential service

“(1) The NIS Regulations are amended as follows.

(2) In the table in Schedule 1 (designated competent authorities), after the entry relating to digital infrastructure insert—

“Food supply

Food supply chain

The Secretary of State for Environment, Food and Rural Affairs (United Kingdom)”



(3) In Schedule 2 (essential services and threshold requirements), after paragraph 11 insert—

“The food supply chain subsector

12 — (1) This paragraph describes the threshold requirements which apply to essential services in the food supply chain subsector.

(2) For the essential service of the food supply chain in the United Kingdom the threshold requirement is that the person is in the food supply chain and does not qualify as small or a micro-entity (or is excluded) within the meaning of Part 15 of the Companies Act 2006.

(3) For the purposes of this paragraph—

(a) a “food supply chain” is a supply chain for providing individuals with items of food or drink for personal consumption, where the items consist of or include, or have been produced to any extent using—

(i) anything grown or otherwise produced in carrying on agriculture, or

(ii) anything taken, grown or otherwise produced in carrying on fishing or aquaculture;

(b) a person is “in” a food supply chain if that person is a producer or an intermediary in a food supply chain.

(4) In paragraph (3)(b)—

(a) “producer” means a person who is carrying on agriculture, fishing or aquaculture;

(b) “intermediary” means a person in the food supply chain between a producer and the individuals referred to in paragraph (3)(a).

(5) In this paragraph—

“agriculture” includes any growing of plants, and any keeping of animals, for the production of food or drink;

“aquaculture” means the breeding, rearing, growing or cultivation of—

(a) any fish or other aquatic animal,

(b) seaweed or any other aquatic plant, or

(c) any other aquatic organism.

“plants” includes fungi.

(6) In regulation 8A of the NIS Regulations (nomination by an OES of a person to act on its behalf in the United Kingdom), after paragraph 1(b) insert—

‘(c) provides an essential service of a kind referred to in paragraph 12 of Schedule 2 (food supply chain sector) within the United Kingdom.’”

This new clause would designate those in the food supply chain that rely on network and information systems as “operators of essential services” within the meaning of the Network and Information Systems Regulations 2018, thereby placing them under duties to manage risks to those systems and to provide notification regarding any incidents that have an impact on the food supply chain.

Amendment 1, in clause 8, page 7, line 36, at end insert—

“(1A) In paragraph (1), after “risks” insert “, including risks arising from fraud,””.

This amendment would explicitly include fraud as one of the risks to the security of network and information systems that relevant digital service providers must identify and manage.

Amendment 28, in clause 10, page 9, line 33, at end insert—

“(2A) The measures taken by an RMSP under paragraph (1) must ensure that the number of customers to whom the RMSP provides services does not exceed the critical risk threshold.

(2B) In paragraph (2A), the “critical risk threshold” is the number of customers within a sector or subsector where an incident affecting the provision of services to those customers by the RMSP would result in disruption that is likely to have a significant impact on the economy or the day-to-day functioning of society in the whole or any part of the United Kingdom.

(2C) Paragraph (2D) applies where the number of customers to whom an RMSP provides services exceeds the critical risk threshold by virtue of contracts entered into before the coming into force of section 10 of the Cyber Security and Resilience (Network and Information Systems) Act 2026.

(2D) The RMSP must take steps to reduce the number of customers to below the critical risk threshold, including exercising any right to terminate a contract or vary the terms of a contract.”

This amendment would place a duty on relevant managed service providers (“RMSPs”) to ensure that they do not provide services to manage the technology systems for a number of customers that exceeds a critical risk threshold, such that an incident affecting those services would be likely to result in significant disruption in the United Kingdom. This would prevent an RMSP managing the technology systems for a whole sector or subsector. Provision is also made for a situation where an RMSP is in breach of the critical risk threshold because of contracts entered into before the enactment of the Bill.

Government amendments 7 to 11.

Amendment 6, in clause 18, page 40, line 12, at end insert—

“(8A) Where the CSIRT receives notification of an incident under regulation 11, 11A, 12A or 14E which it considers to materially involve autonomous or adaptive systems based on machine learning, the CSIRT must share relevant technical information with the relevant body within 72 hours.

(8B) For the purposes of this regulation, a “relevant body” means the AI Security Institute or any successor or replacement body designated by the Secretary of State.”.

This amendment would require incident data relating to AI systems in critical national infrastructure to be sent to the body designated by the Government as responsible for AI safety and security.

Government amendments 12 to 14.

Amendment 3, in clause 18, page 41, line 15, at end insert—

“Exemption from disclosure: right to a fair trial

(1) Nothing in sub-paragraphs (1)(d) to (1)(f) of regulation 6, or regulation 6A, permits a NIS enforcement authority to share information with another NIS enforcement authority or with a person within paragraph (2) of regulation 6 if the Secretary of State determines that—

(a) the receiving jurisdiction is one in which the right to a fair trial cannot be guaranteed, or

(b) the disclosure could result in actions being taken that would be incompatible with the right to a fair trial.

(2) For the purposes of making a determination under paragraph (1) above, the Secretary of State must have regard to the opinion of—

(a) subject matter experts, and

(b) competent civil society groups.

(3) The Secretary of State must, within 12 months of the passing of the Cyber Security and Resilience (Network and Information Systems) Act 2026, publish and lay before Parliament an annual report detailing the determinations made under paragraph (1) above in the previous 12 months.”

This amendment would prevent the sharing of information with overseas authorities for the purpose of prosecuting crimes not committed in the UK if the Secretary of State determines that the receiving country is one in which the right to a fair trial cannot be guaranteed.

Government amendments 15 to 17.

Amendment 4, in clause 29, page 54, line 9, at end insert

“, including the risks arising from the use of embedded communications components manufactured outside the UK;”.

This amendment would make explicit that regulations could concern the risks arising from the use of embedded components within the systems (such as cellular internet of things modules).

Amendment 2, in clause 40, page 63, line 7, leave out “5” and insert “3”.

This amendment would increase the frequency of the reports that must be published under Clause 40, from every five years to every three years.

Amendment 5, in clause 43, page 66, line 18, at end insert—

“(i) a requirement relating to embedded communications components manufactured outside the UK.”

This amendment would provide an additional requirement that may be imposed on a regulated person, in relation to an embedded communications component manufactured outside the UK.

Government amendments 18 to 27.

--- Later in debate ---
Victoria Collins Portrait Victoria Collins
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As the director of the National Cyber Security Centre has said,

“Every organisation delivering the UK’s critical services…relies on uninterrupted digital operations. Disruptions to those operations isn’t simply an IT issue; it’s a…national resilience issue”.

The Liberal Democrats wholeheartedly support that point, and it is why we welcome the measures introduced by this Bill, which strengthen existing cyber protections to enhance national security. However, as the Liberal Democrats have made clear throughout the Bill’s stages so far, there are many missed opportunities to truly future-proof our country’s cyber-security to protect our democracy, economy and national security. I will speak to the Liberal Democrat amendments to the Bill, which we think would achieve that.

First, on the scope of the Bill, last year we saw the costliest cyber-incident in UK history. The financial damage caused by the attack on Jaguar Land Rover is estimated to have cost between £1.6 billion and £2.1 billion—a cost shared between JLR directly and its supply chain. In the public sector, cyber-attacks are causing eye-watering costs too—just look at Redcar’s cyber-attack, which cost them a staggering £10.4 million. Despite that, the Bill takes no consideration of the significant economic cost of such cyber-attacks, excluding retail and manufacturing industries as well as local government from the scope of the Bill.

New clauses 4 and 5 address a crucial gap. New clause 4 would bring the manufacturing of critical transport equipment and the retail of food and essential goods, where they form part of a large-scale distribution chain, within the scope of essential categories under the Bill. That means that companies such as Jaguar Land Rover would finally receive the protections that their strategic importance demands and protect their supply chains too. New clause 5 extends that same recognition to local authorities, whose digital infrastructure underpins the delivery of services that millions of people depend on.

The Government’s own industrial strategy recognises that sustainable and secure growth requires strong levels of cyber-resilience across the economy, but their own cyber Bill does not live up to this. If a cyber-attack brought JLR’s production lines to a halt or crippled the digital infrastructure of a council, the damage to our economy and people’s daily lives would be enormous.

Those are not the only issues within the scope of the Bill. Safeguarding our democratic processes must be treated as a national security priority, and here, too, the Bill falls short. At a time when foreign interference in our elections is not a hypothetical but a documented and growing threat, the Government have chosen not to act. New clauses 8 and 9 would begin to change that. New clause 8 would designate the administration of elections and voter registers as essential services within the meaning of the network and information systems regulations—a straightforward recognition that the machinery of our democracy is as critical as any power grid or hospital network.

New clause 9 would designate political parties as essential services for the purposes of cyber-security, extending meaningful protection to the organisations through which the British people exercise their democratic voice. I understand that the Bill is not a silver bullet for cyber-security, but these amendments make the modest, targeted and entirely reasonable ask that vehicle manufacturing, food retail supply chains, local authorities, our elections and our political parties are brought within scope.

In turning to online-generated fraud and scams, we can see the impact of a lack of action to secure online and cyber-spaces. Fraud makes up 44% of all UK crime, and online technologies—especially artificial intelligence—are supercharging that. According to reporting in The Times a few weeks ago, research by Lloyds bank found that Meta’s social media sites are a starting point for 76% of purchase scams in the UK, with the value of losses to UK customers estimated at around £66 million in the last year alone. Not only does the Government’s fraud strategy completely overlook the role of social media giants and big tech in the proliferation of online scams, but the Bill fails to address explicitly the risks that fraud and scams pose to critical infrastructure and organisations. That is especially striking when we consider that the Government’s official statistics on cyber-security breaches show that phishing attacks—scams—remain the most prevalent type of breach or attack by far in the UK.

Amendment 1 would change that. It would amend clause 8 to add “risks arising from fraud” explicitly to the list of security threats facing relevant digital services so that those threats can be identified and managed. That is also why the Liberal Democrats are calling for social media giants to be financially liable for scams originating on their platforms and for an online crime agency to tackle these issues and standardise AI labelling.

We must not forget that these threats do not fall solely on large institutions and critical infrastructure. Small and medium-sized enterprises are on the frontline of cyber-crime; they are disproportionately targeted and too often without the resources or expertise to defend themselves. Many of the businesses caught up in the supply chains of our critical industries and exposed to the fraud and cyber-risks that I have described are SMEs, yet there are no provisions in the Bill to help potentially under-resourced SMEs cope with the increasing threat of cyber-attacks. New clause 2 would require the establishment of dedicated cyber-security support services for those businesses. For the Liberal Democrats, backing British small businesses means ensuring that they are not left to face those threats alone.

The Liberal Democrats have also tabled a series of further measures that would make the legislation fit for purpose over the long term. A law is only as good as its enforcement, which is why we are pressing for board-level accountability for cyber-resilience under new clause 10, regular proportionate testing of systems under new clause 11 and more frequent Government reporting every three years—rather than every five years—under amendment 2.

Last week, at London Tech Week, as I was surrounded by experts across the industry, one thing became clear. We think that technology is moving quickly now, but with the growth and development of AI this is the slowest we will ever see change happen. That is why we need the framework to evolve, which means reviewing the security risks posed by foreign-linked critical suppliers, which new clause 3 would do, modernising the outdated Computer Misuse Act 1990, which new clause 6 would do, and assessing whether regulators have the resources they actually need to do their job, which new clause 7 would do. Those are not radical tasks; they are basic conditions for a cyber-security regime that works today and will continue to work in the future.

If there is one matter that cuts to the heart of what the Bill should be about, and asks the fundamental question about Britain’s place in a contested digital world, it is digital sovereignty. All the protections we have discussed for our industries, our democracy and our small businesses will mean little if we do not first answer who controls the digital infrastructure on which all of them depend, and question whether, at every level of the stack, we have critical control over that.

That is echoed loudly by the industry itself. A study by Civo, a UK sovereign cloud provider, found that 83% of IT decision makers in this country worry about the impact of geopolitical developments on their data sovereignty. When we look at the numbers, it is not hard to see why. About 55% of central Government organisations report that over 60% of their estate is on the cloud, and the vast majority of that is with just two providers, both of which are American.

We have handed the keys to significant parts of our national digital infrastructure to foreign corporations, subject to foreign laws and exposed to foreign decisions entirely outside our control. That includes our public services. The Liberal Democrats are alarmed at the NHS’s growing reliance on complex, opaque digital systems set up by Palantir. With Palantir’s background in security and surveillance, that marks a divergence from the traditional relationship between the NHS and firms with specialised medical knowledge. The procurement process for the federated data platform, which was awarded to Palantir in 2023, is worryingly opaque.

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Peter Fortune Portrait Peter Fortune (Bromley and Biggin Hill) (Con)
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I recognise the importance of sovereignty, but there are real challenges. How can we deal with the prevalence of, for example, Taiwanese chips in our tech market?

Victoria Collins Portrait Victoria Collins
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I thank the hon. Member for his question. That is why we need a strategy—we need to be clear about the Government’s priorities. On procurement, we have heard from the National Audit Office that cost is often a priority, but at what cost? When the Government are looking for suppliers, what do we value? There must be a strategy for that, and we need to have that conversation so that the direction is clear, whether on hardware or software.

Working internationally is vital, but it is also important to be clear about what is important for us, especially in the tech stack. That is the thing: it is about our security and resilience as well as our economy, strengthening those developing technologies as well as using technology. It is also about working together internationally and knowing that we have the resilience to look after and trade our technology stack.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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It is about our security, our cyber-security and our resilience. Within a three-mile radius of Belfast, we have some of the best cyber-security resilience in the whole of the United Kingdom. It is about those 2,750 employees and the £258 million of direct gross value added. Does the hon. Lady recognise that powerhouses like Belfast must be fully integrated into our national cyber strategy? Will she put on the record that that is what we should be aiming for?

Victoria Collins Portrait Victoria Collins
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I thank the hon. Member for his intervention. I absolutely agree. Across the United Kingdom, including in Northern Ireland, there are incredible British tech firms. Many of them have said to me that their services are being procured by other Governments in Europe and around the world, yet they find their own British Government not using them or getting the value out of that British technology here by developing skills and jobs.

The Liberal Democrats welcome the Government’s hardware strategy, announced last week, which at least acknowledges the importance of British procurement, but acknowledgment is not a strategy. New clause 13, which I am pleased to say has drawn support from across the House, would make it one. In an increasingly unstable world, the case for British digital resilience, British technology and British sovereign capability has never been stronger. I therefore urge hon. Members to vote for the new clause.

Cyber-security is no longer a technical matter confined to server rooms and IT departments. It is a question of national resilience, economic strength and democratic integrity. The Bill before us takes important steps, but important steps are not enough in today’s digital age. With these amendments, we have the opportunity to close the gaps, broaden the protections and build a framework that is genuinely fit for the digital age.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the Chair of the Select Committee on Science, Innovation and Technology.

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Victoria Collins Portrait Victoria Collins
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I do not think that the hon. Member has understood our amendment, which is about having a strategy. It does not say that everything should be sovereign, but we need to look at our tech stack and have a strategy for what is sovereign and what requires the procurement of elements. I ask him to look at our amendment again.

Ben Spencer Portrait Dr Spencer
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I refer the hon. Member to her new clause 13, particularly subsection 3(c), which makes it very clear that companies would need to deviate from “foreign technologies”, which would be quite a burden.

We need to back Britain in key sectors, from quantum and photonics to chip design and innovation. In so many areas, we lead the world. We should not try to restrict the influence and access of global markets. We must engage not in protectionism, but in leverage, to back Britain and position ourselves so that we are indispensable in the modern global tech sector and supply chains.

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Kanishka Narayan Portrait Kanishka Narayan
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I can confirm that the Government will be very happy to engage on this question further with my hon. Friend and the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). I commend the Bill to the House.

Victoria Collins Portrait Victoria Collins
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Before I withdraw new clause 2, I want to draw Members’ attention to my entry in the Register of Members’ Financial Interests in reference to my earlier speech. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 13

Digital Sovereignty Strategy on risks posed by foreign interference and reliance on foreign technologies

“(1) The Secretary of State must, within 12 months of the passing of this Act, publish a strategy (“a Digital Sovereignty Strategy”) which sets out the Government's approach to maintaining the security and resilience of relevant network and information systems by—

(a) assessing, managing and mitigating risks—

(i) associated with foreign interference,

(ii) arising from reliance on foreign-supplied technologies, and

(b) preventing over-reliance on foreign providers by building domestic capacity.

(2) For the purposes of this section, a “relevant network and information system” is a network and information system belonging to—

(a) an operator of an essential service,

(b) a relevant digital service provider,

(c) a relevant managed service provider, or

(d) a critical supplier, within the meaning of the NIS Regulations.

(3) A Digital Sovereignty Strategy published under this section must—

(a) include risks associated with—

(i) hardware,

(ii) software,

(iii) supply chains, and

(iv) procurement processes;

(b) include a specific focus on security and resilience in government digital procurement processes, detailing how the Government intends to reduce strategic dependencies on foreign-owned service providers to mitigate the risk of systemic disruption;

(c) include a commitment to prioritise the use of technologies developed in the UK by UK organisations in relevant network and information systems to reduce reliance on foreign technologies, and

(d) where risks are identified under subsection (1)(a)(i), state how the Government intends to address these risks by supporting the use of domestic technologies or systems for the purpose of ensuring the security of those systems.”—(Victoria Collins.)

This new clause would require the Government to publish a Digital Sovereignty Strategy setting out how it intends to address risks to relevant network and information systems posed by foreign interference and reliance on foreign technologies, including by supporting the use of domestic technologies.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

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Victoria Collins Portrait Victoria Collins
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I reiterate the importance of a digital sovereign strategy for our cyber-security. It is about our resilience, our security and our economic strength as a country and collaborative sovereignty. We very much welcome the extended scope of the Bill and we support it moving forward.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Calum Miller Portrait Calum Miller (Bicester and Woodstock) (LD)
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On a point of order, Madam Deputy Speaker. I seek your guidance. There are reports that a Russian warship has today fired warning shots near a UK-registered yacht in the English channel, south of the Isle of Wight. If verified, this action would be of grave concern to the House and would represent a significant escalation in the hostilities shown by Russian actors towards UK interests. Can you guide me on how the House might seek to be urgently updated by a Defence Minister on this development and guided as to the Government’s proposed response?