UK Parliament / Open data

National Security Bill

Lords committee stage first day. Clauses 1 to 12 agreed to.

About these Parliamentary proceedings

Reference

826 cc955-1017 

Session

2022-23

Department

Home Office

Legislative stage

Committee stage

Chamber / Committee

House of Lords chamber
National Security Bill 2022-23. Brought from the Commons.
Thursday, 17 November 2022
Bills
House of Lords
National Security Bill; Northern Ireland Troubles (Legacy and Reconciliation) Bill: Government response. Delegated Powers and Regulatory Reform Committee twentieth report.
Wednesday, 7 December 2022
Parliamentary committees
House of Lords
National Security Bill. Constitution Committee tenth report.
Wednesday, 14 December 2022
Parliamentary committees
House of Lords
Deposited Paper DEP2023-0031
Tuesday, 10 January 2023
Deposited papers
House of Lords

Proceeding contributions

Lord Marks of Henley-on-Thames | 826 c955 (Link to this contribution)

Moved by

Lord Marks of Henley-on-Thames

1: Clause 1, page 1, line 9, leave out “, or ...

Lord Marks of Henley-on-Thames | 826 cc955-8 (Link to this contribution)

My Lords, all the amendments in this group are in my name and that of my noble friend Lord Purvis...


Show all contributions (113)
Lord Hope of Craighead | 826 cc958-9 (Link to this contribution)

My Lords, I venture a few thoughts on this phraseology. The crucial question is: how much would t...

Lord Purvis of Tweed | 826 cc959-960 (Link to this contribution)

My Lords, I rise to support my noble friend and have added my name to these amendments. I apologi...

Lord Ponsonby of Shulbrede | 826 cc960-1 (Link to this contribution)

My Lords, the amendments in this group, tabled by the noble Lords, Lord Marks and Lord Purvis, in...

Lord Sharpe of Epsom | 826 cc961-2 (Link to this contribution)

My Lords, I thank noble Lords for their broad support for the Bill and the noble Lord, Lord Marks...

Lord Hope of Craighead | 826 cc962-3 (Link to this contribution)

I want to make it quite clear that, for the reason that was expressed earlier, I do not object to...

Lord Sharpe of Epsom | 826 c963 (Link to this contribution)

I thank the noble and learned Lord for that clarification. I do not think the clause is imputing ...

Lord Purvis of Tweed | 826 c963 (Link to this contribution)

Of course, as long as it is on the basis of the point that my noble friend raised—that we will ha...

Lord Sharpe of Epsom | 826 c963 (Link to this contribution)

I understand where the noble Lord is coming from. I commit to making sure that we explain that in...

Lord Marks of Henley-on-Thames | 826 cc963-4 (Link to this contribution)

My Lords, I shall certainly withdraw the amendment at this stage at the end of what I have to say...

Lord Marks of Henley-on-Thames | 826 c964 (Link to this contribution)

Moved by

Lord Marks of Henley-on-Thames

2: Clause 1, page 1, line 10, after “or” inse...

Lord Marks of Henley-on-Thames | 826 cc964-5 (Link to this contribution)

My Lords, our amendments in this group would all tighten the definition of the

“interests o...

Baroness Jones of Moulsecoomb | 826 c965 (Link to this contribution)

My Lords, I will make some simple arguments, because there are other noble Lords who can make muc...

Lord Evans of Weardale | 826 c966 (Link to this contribution)

My Lords, I have reservations about this amendment, because it seems to me that, for the reasons ...

Baroness Butler-Sloss | 826 c966 (Link to this contribution)

My Lords, I understand entirely what the noble Lord, Lord Evans, has said about the grey area, an...

Lord Hope of Craighead | 826 c966 (Link to this contribution)

My Lords, there is an important principle at heart here. While I appreciate the description of th...

Lord Carlile of Berriew | 826 cc966-7 (Link to this contribution)

My Lords, I agree absolutely with the Government’s aim in that there are certain British interest...

Lord Beith | 826 c967 (Link to this contribution)

My Lords, one of the considerations of the kind referred to by the noble Lord, Lord Carlile, is, ...

Lord Purvis of Tweed | 826 cc967-9 (Link to this contribution)

My Lords, I support my noble friend’s amendments. I respect the issue of the grey area of tactics...

Lord Coaker | 826 cc969-970 (Link to this contribution)

My Lords, this is a very important group of amendments which in many ways goes to the heart of mu...

Lord Faulks | 826 c970 (Link to this contribution)

I entirely understand why the noble Lord is concerned about any uncertainty in these provisions, ...

Lord Coaker | 826 c970 (Link to this contribution)

I agree; I am just making the point that a definition would also help and give us certainty and c...

Lord Purvis of Tweed | 826 c970 (Link to this contribution)

My Lords, I agree with the thrust of the noble Lord’s argument. I was just reflecting on the inte...

Lord Coaker | 826 cc971-2 (Link to this contribution)

That is quite right. As I said, the problem with the Bill is that there is no indication of what ...

Lord Sharpe of Epsom | 826 cc972-3 (Link to this contribution)

My Lords, once again, this was a helpful debate, as noted by the noble Lord, Lord Coaker. I thank...

Lord Purvis of Tweed | 826 c973 (Link to this contribution)

I am grateful to the Minister for giving way. I want to test the issue with regard to economic ac...

Lord Sharpe of Epsom | 826 cc973-4 (Link to this contribution)

If noble Lords will bear with me, I am going to address that point.

I was saying what safeg...

Lord Marks of Henley-on-Thames | 826 c974 (Link to this contribution)

My Lords, I entirely understand the position taken by the noble Lord, Lord Evans of Weardale, but...

Lord Coaker | 826 c974 (Link to this contribution)

The noble Lord is quite right; I should have said that, and I meant to. I apologise to the Commit...

Lord Marks of Henley-on-Thames | 826 cc974-5 (Link to this contribution)

I am quite sure that no apology was needed for what was plainly a slip in a detailed speech made ...

Baroness Ludford | 826 c975 (Link to this contribution)

Moved by

Baroness Ludford

4: Clause 1, page 1, line 15, after “article” insert “with ...

Baroness Ludford | 826 cc975-6 (Link to this contribution)

My Lords, the debate on Amendment 4 flows fairly naturally from the previous debate. The amendmen...

Lord Marks of Henley-on-Thames | 826 c976 (Link to this contribution)

My Lords, our Amendment 6 would omit Clause 1(2)(b). Your Lordships will know by now that Clause ...

Lord Anderson of Ipswich | 826 cc976-7 (Link to this contribution)

My Lords, I apologise for not being present at Second Reading. I cannot even claim, like the nobl...

Lord Ponsonby of Shulbrede | 826 c977 (Link to this contribution)

My Lords, this group relates to the new offence of obtaining or disclosing protected information....

Lord Murray of Blidworth | 826 cc978-9 (Link to this contribution)

My Lords, I thank all noble Lords, and the noble Baroness, for their contributions to this short ...

Lord Purvis of Tweed | 826 c979 (Link to this contribution)

The “foreign power” test, which we will come on to later in the Bill, is extremely broad. Under C...

Lord Murray of Blidworth | 826 c979 (Link to this contribution)

It would be the case only if those three tests that I have just described are met for the purpose...

Lord Marks of Henley-on-Thames | 826 c979 (Link to this contribution)

Following up on my noble friend Lord Purvis’s question, would it not probably be in the interests...

Lord Murray of Blidworth | 826 c979 (Link to this contribution)

I find the hypothetical example that the noble Lord postulates hard to follow, because it seems d...

Lord Purvis of Tweed | 826 c979 (Link to this contribution)

I would just like to make sure the Minister is very clear with the Committee. All the decisions t...

Lord Murray of Blidworth | 826 c980 (Link to this contribution)

It is the intention to benefit that foreign power that is in this Bill, and it seems to me that t...

Baroness Ludford | 826 cc980-1 (Link to this contribution)

My Lords, I was just looking up to see whether the words “intended to benefit a foreign power” we...

Lord Purvis of Tweed | 826 c981 (Link to this contribution)

I think my noble friend and I are reading the same version of the Bill, but I am not sure the Min...

Baroness Ludford | 826 c981 (Link to this contribution)

I thank my noble friend very much for that extremely useful intervention. I think we will have fu...

Baroness Ludford | 826 c981 (Link to this contribution)

Moved by

Baroness Ludford

8: Clause 2, page 2, line 18, at end insert—

“(ca) th...

Baroness Ludford | 826 cc981-2 (Link to this contribution)

My Lords, this is a JCHR-recommended amendment under Clause 2, which is about making it an offenc...

Lord Carlile of Berriew | 826 cc982-3 (Link to this contribution)

My Lords, I rise with some trepidation to disagree with these amendments, for reasons that I will...

Lord Pannick | 826 c983 (Link to this contribution)

I respectfully disagree with the noble Lord, Lord Carlile. He may well be able to make a compelli...

Lord Davies of Gower | 826 c983 (Link to this contribution)

My Lords, if this is an intervention, could the noble Lord make his point, please?

Lord Carlile of Berriew | 826 c983 (Link to this contribution)

The noble Lord asked to make an intervention, which is why I allowed him to, and I regret that he...

Lord Carlile of Berriew | 826 cc983-4 (Link to this contribution)

No, I am not letting the noble Lord in now. I am sure he will make a speech if he wishes to in a ...

Lord Pannick | 826 c984 (Link to this contribution)

I am very sorry. I apologise to the noble Lord and the Committee; I thought he had sat down, and ...

Lord Wallace of Saltaire | 826 c984 (Link to this contribution)

My Lords, the noble Lord obviously did not know that the noble Lord, Lord Carlile, had not sat do...

Lord Carlile of Berriew | 826 c984 (Link to this contribution)

I am grateful to the noble Lord for giving way. The National Security and Investment Act 2021 dea...

Lord Wallace of Saltaire | 826 cc984-5 (Link to this contribution)

I am reassured. I declare a certain interest: I have a number of relatives in aspects of scientif...

Baroness Manningham-Buller | 826 cc270-1 (Link to this contribution)

Baroness Manningham-Buller (CB):

I will not take very long; I will...

Lord Macdonald of River Glaven | 826 cc271-2 (Link to this contribution)

Lord Macdonald of River Glaven (CB):

My Lords, on the minor tiff b...

Lord Faulks | 826 c985 (Link to this contribution)

My Lords, I had two points to make, the first of which, about foreign power, has just been made b...

Lord Marks of Henley-on-Thames | 826 c986 (Link to this contribution)

My Lords, I have not yet spoken to Amendments 9 and 10, which I was proposing to do before my nob...

Lord Carlile of Berriew | 826 c986 (Link to this contribution)

I have been listening very carefully to the noble Lord, whom I always listen to with great respec...

Lord Marks of Henley-on-Thames | 826 c987 (Link to this contribution)

I am bound to say that I discussed that before the noble Lord came in. Since, in my opening speec...

Lord Purvis of Tweed | 826 cc987-8 (Link to this contribution)

My Lords, I will very briefly follow my noble friends to agree with that proposition. There has b...

Lord Coaker | 826 cc988-9 (Link to this contribution)

My Lords, the amendments in this group relate to the new offences of obtaining or disclosing trad...

Lord Sharpe of Epsom | 826 cc989-990 (Link to this contribution)

My Lords, I thank all noble Lords who have participated in another lively and entertaining debate...

Lord Coaker | 826 c990 (Link to this contribution)

I am not going to disagree with the Minister, but on the question of the letter—and I am pleased ...

Lord Sharpe of Epsom | 826 c991 (Link to this contribution)

Yes, I am happy to give that reassurance. This is just me flying somewhat solo, so I shall clarif...

Baroness Ludford | 826 c991 (Link to this contribution)

My Lords, that was another interesting debate. I am very grateful to the noble Lord, Lord Pannick...

Lord Marks of Henley-on-Thames | 826 cc991-2 (Link to this contribution)

Moved by

Lord Marks of Henley-on-Thames

12: Clause 3, page 3, line 23, at end insert—...

Lord Marks of Henley-on-Thames | 826 cc992-3 (Link to this contribution)

My Lords, the amendments in this group would add a mental element of intention to prejudice the s...

Baroness Jones of Moulsecoomb | 826 cc993-4 (Link to this contribution)

I have watched quite a number of debates in your Lordships’ House and am always struck that the G...

Baroness Ludford | 826 c994 (Link to this contribution)

My Lords, I will speak to Amendments 16 and 21. I will get a bit repetitive in the debates on thi...

Baroness Manningham-Buller | 826 c300 (Link to this contribution)

Baroness Manningham-Buller (CB):

I may have misunderstood the nobl...

Baroness Ludford | 826 c995 (Link to this contribution)

It is possible that I gabbled. I would not suggest that the French intelligence authorities would...

Baroness Manningham-Buller | 826 c655 (Link to this contribution)

Baroness Manningham-Buller (CB):

I assure the noble Baroness that ...

Baroness Ludford | 826 c995 (Link to this contribution)

Of course; the example in the JCHR report was of a French national in the UK—an ordinary person w...

Lord Pannick | 826 cc995-6 (Link to this contribution)

My Lords, I share the concerns expressed by the noble Lord, Lord Marks, and the noble Baroness, L...

Baroness Manningham-Buller | 826 cc657-8 (Link to this contribution)

Baroness Manningham-Buller (CB):

My Lords, I understand the wish o...

Lord Hacking | 826 cc659-306 (Link to this contribution)

Lord Hacking (Lab):

My Lords, I have been out of the House for abo...

Lord Coaker | 826 cc996-8 (Link to this contribution)

My Lords, we all hope that the noble Lord, Lord Pannick, will not be criminalised by this Bill, b...

Lord Murray of Blidworth | 826 cc997-1001 (Link to this contribution)

My Lords, I thank noble Lords for another very interesting short debate. These amendments seek to...

Baroness Ludford | 826 c1001 (Link to this contribution)

The Minister has the advantage of having read the Government’s response to the JCHR report. As a ...

Lord Murray of Blidworth | 826 c1001 (Link to this contribution)

As I sought to explain to the Committee, the Clause 5 offence can be committed only where a perso...

Lord Pannick | 826 c1001 (Link to this contribution)

Can I respectfully ask the Minister to write to me before Report, and place a copy in the Library...

Lord Murray of Blidworth | 826 c1001 (Link to this contribution)

I will endeavour to make sure that that letter goes to the noble Lord as soon as it is prepared.<...

Lord Purvis of Tweed | 826 c1001 (Link to this contribution)

I have a genuine query. The Minister referenced a number of times, as I think was cited, that if ...

Lord Murray of Blidworth | 826 c1002 (Link to this contribution)

The activity itself is made unlawful in the provisions of the Bill. Is that the point that the no...

Lord Purvis of Tweed | 826 c1002 (Link to this contribution)

So it is unlawful for a foreign intelligence service to carry out any activities within the UK if...

Lord Murray of Blidworth | 826 c1002 (Link to this contribution)

As the noble Lord is aware, it is the effect of Clause 2 to prohibit the offences of espionage an...

Lord Purvis of Tweed | 826 c1002 (Link to this contribution)

I am grateful to the Minister; I am purely seeking clarification for the benefit of my own ignora...

Lord Murray of Blidworth | 826 c1002 (Link to this contribution)

I note the noble Lord’s remarks. I am not entirely sure that I follow the logic, but I will study...

Lord Marks of Henley-on-Thames | 826 c1002 (Link to this contribution)

My Lords, the Minister has given no quarter. I suppose that is to be expected on the first day of...

Lord Marks of Henley-on-Thames | 826 cc1003-4 (Link to this contribution)

“Realistic” is better than “reasonable”; the noble Lord knows far better than I what the test is....

Lord Marks of Henley-on-Thames | 826 c1004 (Link to this contribution)

Moved by

Lord Marks of Henley-on-Thames

13: Clause 3, page 3, line 25, leave out “it ...

Lord Marks of Henley-on-Thames | 826 c1004 (Link to this contribution)

My Lords, this group contains only Amendment 13. That said, there ought to be two amendments, bec...

Lord Purvis of Tweed | 826 cc1004-5 (Link to this contribution)

My Lords, I too have a question to ask about this. I thank my noble friend for introducing these ...

Lord Ponsonby of Shulbrede | 826 c1005 (Link to this contribution)

My Lords, as the noble Lord, Lord Marks, mentioned, there should be a second amendment to go with...

Lord Sharpe of Epsom | 826 cc1005-6 (Link to this contribution)

My Lords, Amendment 13 seeks to narrow the scope of the offence provided for in Clause 3(2). For ...

Lord Purvis of Tweed | 826 c1006 (Link to this contribution)

My reading of it is that, taking the defence in Clause 3(7)(b) as an example, if I was providing ...

Lord Sharpe of Epsom | 826 c1006 (Link to this contribution)

My Lords, my reading of it is not the same as the noble Lord’s, but I will seek clarification and...

Lord Marks of Henley-on-Thames | 826 cc1006-7 (Link to this contribution)

I was going to ask the Minister something before he sat down, but he sat down so fast.

My c...

Baroness Ludford | 826 c1007 (Link to this contribution)

Moved by

Baroness Ludford

23: Clause 6, page 6, line 18, leave out paragraph (c)

<...
Baroness Ludford | 826 cc1007-9 (Link to this contribution)

My Lords, the offences and powers in Part 1 of the Bill, which are about entering a prohibited pl...

Lord Wallace of Saltaire | 826 cc1009-1010 (Link to this contribution)

My Lords, I have three amendments in this group. I suppose I should declare interests in relation...

Lord Purvis of Tweed | 826 cc1010-1 (Link to this contribution)

My Lords, anybody watching a wonderful BBC documentary series about Ordnance Survey maps a few ye...

Lord Murray of Blidworth | 826 cc1012-6 (Link to this contribution)

I thank noble Lords for their contributions to this short debate. I will first speak to Amendment...

Lord Purvis of Tweed | 826 c1014 (Link to this contribution)

I have two quick questions for the Minister. I was grateful for his response to me with regard to...

Lord Murray of Blidworth | 826 c1014 (Link to this contribution)

Yes. My suspicion is that both answers are in the affirmative, but I am afraid I do not know for ...

Baroness Ludford | 826 cc1014-8 (Link to this contribution)

My Lords, I am quite disappointed by the Minister’s responses on this. There are considerable dan...

Lord Ponsonby of Shulbrede | 826 cc1011-2 (Link to this contribution)

My Lords, the amendments in this group span Clauses 6 to 11 and cover the new offences of

“...

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