UK Parliament / Open data

National Security Bill

Proceeding contribution from Lord Beamish (Labour) in the House of Commons on Wednesday, 16 November 2022. It occurred during Debate on bills on National Security Bill.

There are many things in the Bill that I support, but I think it is a missed opportunity. It has been a messy process in Committee, as has been said, as a result of the number of Ministers we have had dealing with it, the late inclusion of things like the foreign agents registration scheme and the completely missed opportunity to reform the Official Secrets Act 1989. The new Minister is very good, but he is a bit like a friendly old bank manager: he listens to you, he agrees with you and he is sympathetic, but you do not get the loan at the end of the day. The point is, however, that this Bill will be changed radically in the other place, because we have not had the proper amount of time to do it.

I want to refer to clause 27, which has been spoken to by the right hon. Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for Barnsley Central (Dan Jarvis). I was on the Intelligence and Security Committee when we were discussing detention and rendition, and some of the things that went on then did not make for pretty reading. We do not want to go back to those days. Things were changed in the consolidated guidance and the principles were brought forward. One of the sops for the Committee—a phrase that everyone kept using—was that there could be a chilling effect on the security services. Everyone kept asking what the chilling effect would be.

A commitment was given to allow the ISC to have classified information on this, and the Chairman of the ISC wanted that before today because it would have given us an opportunity to say whether we were satisfied. Unfortunately, that was turned down, but we have had the initial information and I and other members of the Committee are not yet satisfied that there is justification for this. We have asked for more information, which we are going to receive, but it would have been handy to have it before today. Unless there is good cause, frankly I think it will be interesting to see how this can be justified.

Referring to something that the right hon. and learned Member for South Swindon (Sir Robert Buckland) said, I am disappointed that my new clause 8 was not selected. This is one of those things in the Bill that will come back. The equivalent new clause was selected in Committee only because the hon. Member for North Wiltshire (James Gray) and my hon. Friend the Member for Bethnal Green and Bow (Rushanara Ali) in the Chair agreed to it, so I was not surprised that the Clerks knocked it out of selection, but it will not go away. My fear is that a great opportunity to modernise our national security landscape is being completely missed. I do not think we will see a Bill on public interest or reforming the 1989 Act, but it desperately needs to be done.

5.15 pm

The way in which the foreign agents registration scheme was introduced in Committee was completely unacceptable. Not only are the Government trying to reinvent the wheel; they are trying to invent a new device. Part 2 will never be used, in my opinion, because it would create so much diplomatic fallout.

Finally, we need transparency on the public register. I have had representations from universities, including the Russell Group, that are concerned about how this provision fits with other Bills currently going through the House, such as the Higher Education (Freedom of Speech) Bill. This is a minefield. It is overcomplicated, and it could be a lot simpler and a lot more belt and braces. Although I welcome what is happening, this Bill will be very different when it comes out of the Lords. We have missed an opportunity, and it is the Government’s fault. When this Bill is enacted, we must not think that things cannot change any more, because there are other things that need to happen.

About this proceeding contribution

Reference

722 cc750-1 

Session

2022-23

Chamber / Committee

House of Commons chamber
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