My Lords, the speakers’ list for this Second Reading debate is a terrifying assortment of people who know what they are talking about, whether it is the law, foreign agents or hostile acts by other states. Unlike the noble Baroness, Lady Manningham-Buller, I will not hesitate to refer to things that have already been referred to, but I will do so more briefly and through the narrow lens of civil liberties and, of course, justice.
Call me untrusting of this Government, but I am always sceptical when they come to your Lordships’ House and ask for more power, especially under the vague guise of national security. Over the last two decades there has been a steady erosion of civil liberties, under both Labour and Conservative Governments, and this has become an absolute landslide in the past few years, given the legislation that has gone through your Lordships’ House.
The test for any such legislation is: what powers are being asked for, for what purposes and how might they be misused? As the mother of a journalist, I am particularly concerned about the Bill’s potential misuse against journalists, and the Government’s refusal of a public interest defence in the other place. Similarly, there are many concerns about the widely drafted offences being committed by civil society organisations that receive some funding for international work on environmental, human rights, press freedom, asylum or other issues. The Bill undermines the rule of law and our international reputation by shielding Ministers and officials from accountability for serious crimes such as torture, and by denying compensation to victims on the basis of vague national security factors in a crucial area.
There is also the question of what the Government are leaving out. As is often the case, the Bill is found lacking. There is a minor section in it about foreign interference in elections, but how is anyone supposed to judge whether this is sufficient when the Government have not published their 2019 Russia report? The country is still in the dark about the nature and circumstances of Russian interference, even if it did not achieve very much. Tinkering with election offences does not come close to giving reassurances that our elections are free and fair. So I only have one question for the Minister today: will the Government publish the Russia report before Committee, so that we can understand what is actually being said?
The Security Minister in the other place recognised that there are
“some important points and challenges that we will have to look at.”—[Official Report, Commons, 16/11/22; col. 760.]
The Government have had some months to look at the important points, and I hope the Minister will bring amendments to resolve them.
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