Asylum Claims

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Monday 25th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, there has been a considerable amount of progress. In March 2023, we signed a deal with France which, as noble Lords will be aware, has more than doubled the number of French personnel deployed across northern France. Most recently, we signed a working agreement with Frontex, the European Border and Coast Guard Agency. This long-term framework will provide the UK with access to new levers and intelligence to make our and the EU’s borders safer and more secure—as well as emphasising a shared commitment to close co-operation to tackle these organised crime gangs.

[Lord West of Spithead (Lab)]

My Lords, does the Minister not agree that possession of identity cards would make the handling of this situation a great deal easier?

[Lord Sharpe of Epsom (Con)]

My Lords, I think the noble Lord has asked that question before—and last time I got myself into a bit of hot water by sort of agreeing with him, so I will not do so again.

Investigatory Powers (Amendment) Bill [HL]

Debate between Lord Sharpe of Epsom and Lord West of Spithead

3rd reading
Tuesday 30th January 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I extend my gratitude to all noble Lords who have contributed to the Bill, both on the Floor of the House and outside. We all agree that this piece of legislation is both important and necessary. The targeted amendments that it will make to the Investigatory Powers Act 2016 will ensure that the UK’s intelligence services and law enforcement will continue to have the tools at their disposal to keep this country safe, while ensuring that these are used in a proportionate way which places privacy at its heart. As the Bill passed through this House, the valuable debate has shaped it into what it is now. I am pleased that the House was able to reach agreement on several areas of potential divergence and that we send the Bill to the other place in exceptional shape and with cross-party support.

I first correct the record on one small point I made in my speech on the second group of amendments in last Tuesday’s debate on Report. His Majesty’s Treasury is not an example of a public authority that already has the power to acquire communications data using a Part 3 request. Examples of public authorities which do have these powers include His Majesty’s Revenue & Customs and the Financial Conduct Authority, both of which perform a range of vital statutory functions using communications data.

Once more, I extend thanks particularly to the noble Lord, Lord Anderson of Ipswich, who has been crucial in shaping the Bill through his independent review of the Investigatory Powers Act and his contributions during the Bill’s passage. My thanks go also to the noble Lord, Lord West of Spithead, and his colleagues on the Intelligence and Security Committee. The input from him and his fellow committee members has been valuable and intended to improve the Bill. He has been ably and knowledgeably supported by the erstwhile chair of the committee, the noble Lord, Lord Murphy of Torfaen.

Similarly, I have valued the collaborative and serious way in which the Opposition Front Benches have engaged on matters of such importance, so I offer my thanks to the noble Lords, Lord Coaker, Lord Ponsonby and Lord Fox, for their desire to scrutinise the Bill carefully and constructively.

I am much obliged to the support of other noble Lords who have contributed with such eloquence and expertise as the Bill has passed through this House. In particular, the noble Baroness, Lady Manningham-Buller, and the noble Lords, Lord Evans of Weardale and Lord Hogan-Howe, have all provided an invaluable perspective from their professional backgrounds. The noble Lord, Lord Carlile of Berriew, and the noble and learned Lord, Lord Hope of Craighead, both made a number of important and insightful interventions to help shape the debates and work towards practical solutions, for which I am grateful. My thanks go also to my noble friend Lord Gascoigne and his team in the Whips’ Office for their support as the Bill passed through this House.

I ask noble Lords to join me as I thank the policy officials and lawyers in the Home Office teams led by Lucy, Phoebe, Lucy, Hugh, Rob, Daphne and Becca, whose significant efforts have made this Bill happen. It is their hard work that has brought the Bill to this point. My thanks go also to the Bill team—Tom, Megan, Sophie, Emer and James—as well as Dan in my private office. I am also very grateful to Pete and Lucy, the expert drafters in the Office of the Parliamentary Counsel, for preparing the Bill and amendments during its passage.

Finally, I thank the intelligence agencies and law enforcement for their expert contribution to the Bill and for the work they do to keep this country safe day after day. The Bill will ensure that they continue to have the tools they need to carry out this task. We will all be the safer for it. We remain hugely grateful for their work.

As we send the Bill to the other place, it needs very little amending, save for some tidying up here and there. It is the first job of government to keep this country safe. The Bill helps us do just that.

[Lord West of Spithead (Lab)]

My Lords, first, I thank the Minister and his team for the liaison and the work we did together to try to meet all our concerns about the Bill. I also thank him for giving me the excitement of my life in that I had an amendment accepted—for the first time in 14 years. That is a pretty good strike rate, is it not? I was pleased about that as well.

We on the ISC are very happy that the Bill is needed. However, as the Minister knows, we are still concerned that there is insufficient acceptance of the fact that parliamentary scrutiny is required by the ISC more broadly in this and a number of other areas. I am sure this will be brought up in the other place; otherwise, I am pleased that we have moved this Bill forward at pace.

Investigatory Powers (Amendment) Bill [HL]

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Report stage
Tuesday 23rd January 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I offer my thanks to the noble Lords, Lord Anderson of Ipswich, Lord Fox, and Lord West of Spithead, and the noble and learned Lord, Lord Hope of Craighead, for their amendments and for the points that they have raised during this debate. I also thank the noble Lord, Lord Evans, for his perspective, and the noble Lord, Lord Carlile, for supporting the Government, which obviously I hope becomes a habit.

I have discussed the triple lock at length with noble Lords and many others in Parliament and across government. We are all in agreement that this is a matter of the utmost importance, and it is imperative that we ensure that the triple lock operates correctly. That means that the triple-lock process, when needed urgently, has the resilience to continue in the most exceptional circumstances, when the Prime Minister is genuinely unavailable, while ensuring that the alternative approvals process is tightly and appropriately defined.

On Amendment 40, I thank the noble Lord, Lord Anderson, for the valuable engagement he has taken part in with my ministerial colleagues, Home Office officials and me regarding this amendment. I take this opportunity to explain why the Government do not support this amendment. The expressed intention of the noble Lord’s amendment is twofold: first to tighten the requirement in the current clauses, which use the word “unavailable”; and, secondly, to introduce a potential provision for dealing with a conflict of interest, as one of the circumstances in which the alternative approvals process could be used.

There is certainly merit in limiting the circumstances in which the alternative approvals process may be used. However, the noble Lord’s amendment introduces the requirement for a judgment to be made on the Prime Minister’s ability to consider a warrant application, for any number of reasons, including conflict of interest. This raises a number of challenges.

The first challenge is that “unable” draws into the legislation the principle of ministerial conflict of interest. This poses a constitutional tension and a challenge to Cabinet hierarchy. The inclusion of “unable” would allow for someone other than the Prime Minister to decide whether the Prime Minister is subject to a conflict of interest in a particular scenario, which goes against clear constitutional principles regarding the Prime Minister’s powers. This would be a subjective decision on the Prime Minister’s ability, rather than an objective decision on his availability.

As such, rather than strengthening the current drafting, the amendment as proposed could be considered to constitute a watering down of the triple lock, in that it was always designed to be exercised by the Prime Minister. Someone else making a decision about whether the Prime Minister is able to make a decision, given they can be said to be available and therefore technically able to consider an application, risks the intention of the triple lock. As drafted, the original clauses require a binary decision to be made about whether the Prime Minister is available or not, whereas, in deciding whether the Prime Minister may have a conflict of interest, a judgment must be made which is not binary and therefore has much less legal clarity.

The noble Lord, Lord Anderson, asked me if it is right that the Government believe that it is proper for the Prime Minister to consider a warrant application relating to the Prime Minister’s own communications. The best answer I can give is that the Bill is intended not to tackle issues relating to Prime Ministerial conflicts of interest, but rather to improve the resilience of the warrantry process. Conflict of interest provisions and considerations relating to propriety and ethics are therefore not properly for consideration under this Bill. The Prime Minister is expected, as are all Ministers, to uphold the Nolan principles in public life. For these reasons, the Government cannot support this amendment.

The Government have, however, recognised the concerns expressed by Members of both Houses, and the seeming consensus that a more specific, higher bar should be set with relation to the circumstances in which the alternative approvals process may be used. This high bar is of particular importance because of the seriousness of using these capabilities against Members of relevant legislatures. We accept that we are not above the law and it is appropriate for it to be possible for us to be subject to properly authorised investigatory powers. However, it is right that the significance that this issue was given in the original drafting of the Investigatory Powers Act is respected, and the communications of our fellow representatives are properly safeguarded.

I therefore thank the noble Lord, Lord West of Spithead, for his amendments, and for the close engagement on this Bill which I, the Security Minister and my officials have had with the members and secretariat of the Intelligence and Security Committee. Following engagement with Members of both Houses on these amendments, it is clear that there is good consensus for these measures, and the Government will not be opposing them today. While they will reduce the flexibility of the current drafting somewhat, the Government agree that these amendments strike an important and delicate balance between providing the flexibility and resilience that the triple-lock process requires, while providing the legal clarity and specificity to allow for its effective use. The amendments will also provide further confidence to members of relevant legislatures, including those of this House, that the protection and safeguarding of their communications is of paramount importance.

I should note that the Government do not quite agree with the precise drafting of these amendments, and we expect to make some clarifications and improvements in the other place, particularly to the references to routine duties under Sections 19 and 102 of the Investigatory Powers Act 2016, but I am happy that we seem to have reached broad agreement today.

[Lord West of Spithead (Lab)]

I just want to be clear, as I have never had an amendment accepted in 14 years —is the Minister saying that the Government accept my Amendments 39 and 41?

[Lord Sharpe of Epsom (Con)]

Yes. The noble Lord, Lord Fox, says, “Don’t get too excited”, and he is right.

I now turn to the government amendment in this group, Amendment 46. This proposed new clause amends the Investigatory Powers Act’s bulk equipment interference regime to ensure that sensitive journalistic material gathered through bulk equipment interference is subject to increased safeguards. Currently, Section 195 of the IPA requires that the Investigatory Powers Commissioner be informed when a communication containing confidential journalistic material or sources of journalistic material, following its examination, is retained for any purpose other than its destruction.

This amendment introduces the need for independent prior approval before any confidential journalistic material or sources of journalistic material are selected, examined, and retained by the intelligence agencies. It also introduces an urgency process within the new requirement to ensure that requests for clearance to use certain criteria to select data for examination can be approved out of hours.

The Government recognise the importance of journalistic freedom and are therefore proactively increasing the safeguards already afforded to journalistic material within the IPA. In doing so, we are also bringing the IPA’s bulk equipment interference regime into alignment with bulk interception, which is being amended in the same way through the Investigatory Powers Act 2016 (Remedial) Order 2023; that is being considered in the other place today.

In wrapping up, I once again thank noble Lords for the constructive engagement we have had on the Bill, singling out in particular the noble Lords, Lord Anderson, Lord West, Lord Coaker and Lord Fox. With that, I hope that noble Lords will support the Government’s amendment.

Investigatory Powers (Amendment) Bill [HL]

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Committee stage
Wednesday 13th December 2023 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, I absolutely support what my noble friend has said. I was about to leap up and say that this should not be discussed in this forum because some of it is so sensitive. The Minister handled it extremely well, but we are getting quite close to the margins.

[Lord Sharpe of Epsom (Con)]

I thank both noble Lords for their thanks. I have forgotten where I was, but I had pretty much finished.

[Lord West of Spithead (Lab)]

I beg leave to withdraw my amendment.

National Security Bill

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Consideration of Commons amendments
Wednesday 21st June 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all noble Lords who have taken part in this relatively short debate. It was remiss of me earlier not to praise our security services, as the noble Lord, Lord Coaker, did, so I will correct that omission now. I also thank in particular the noble Lords, Lord Coaker and Lord Carlile, for the spirit in which they discussed and spoke to their Motions.

There is obviously a fundamental disagreement on the burden that this Bill would place on political parties, and indeed on whether the laws stand up to “intellectual analysis”; I believe that was the phrase used. I think I have made a strong case already that all of the matters under discussion are already illegal. However, there are one or two points that perhaps deserve clarification, so I will go into those briefly.

On overseas electors, as raised by the noble Baroness, Lady Hayter, it is a long-standing principle first introduced by the Committee on Standards in Public Life in 1998 that if you are eligible to vote for a party in an election then you are also eligible to donate to that party.

On unincorporated associations being used to funnel donations to political parties, there are a number of existing rules that make sure that ineligible foreign money is prohibited from entering through proxy donors. Permissible donors cannot give donations on behalf of impermissible donors. It is right that unincorporated associations that carry on business mainly in the UK and have their main office here can donate to political campaigns. I have already said this, but I will say it again: unincorporated associations that are making political contributions are already subject to additional controls compared with other types of donors. If they make political contributions or donations over £25,000 within a year, they must notify the Electoral Commission and provide it with information about how they are funded.

On the questions raised about the Committee on Standards in Public Life, the Government responded to the committee’s report Regulating Election Finance in September 2021. The Elections Act 2022 contains measures that closely link to the recommendations made in that report—for example, the new requirement on political parties to declare their assets and liabilities over £500 on registration, and a restriction of third-party campaigning to UK-based or otherwise eligible campaigners. However, as the Government’s response stated, the recommendations in the report deserve full consideration. As noble Lords will be very well aware, electoral law is complex, and more work is required to consider the implications and practicalities of all the committee’s recommendations.

The noble Baroness, Lady Hayter, also referred to a report in the newspapers today. I obviously cannot comment on the details of the individual case, but the Government absolutely recognise the risk posed by those who wish to evade the rules on donations. I think this story demonstrates just seriously the Government take that risk.

I am not sure there is very much point in me saying anything else. I say to the noble Lords, Lord Balfe and Lord Anderson, that we are not Ukraine. Self-evidently, there are very robust laws already in place.

If I was ungracious to the noble Lord, Lord Wallace, in a previous debate, I would like to apologise for that.

The noble Lord, Lord Purvis, raised a number of party-political matters. Obviously, I am here to speak on behalf of the Government so I will not address those, but I suggest that he writes to the party.

I now move on to Motion C1 from the noble Lord, Lord Coaker. I join him in praising the work of the ISC, on which the noble Lord, Lord West, sits. Of course, we agree with much of what has been said. However, His Majesty’s Government consider the current MoU to be sufficient to allow the ISC to discharge its statutory oversight duties of the agencies and the wider intelligence community. The MoU is subject to continuous review and His Majesty’s Government welcome the ISC proposing changes that it would like the PM to consider.

The ISC has a broad remit over security and intelligence policy, as set out in the Justice and Security Act and the accompanying memorandum of understanding between the ISC and the Government. Those documents also set limitations where, for example, there would be a conflict with current operations or where it would be duplicative of the work of other jurisdictions. We believe that those guiding principles are working effectively and would seek to maintain them but, as I just said, the Government would welcome the ISC proposing changes it would like the PM to consider. It also shows the respect the Government have for the work of the ISC that the Security Minister has made the commitments that he has.

I say to the noble Lord, Lord Coaker, that I do not believe I was glib in my remarks about the Prime Minister earlier. Obviously, I am unable to comment on the PM’s diary, but I have said this before and made the commitment at this Dispatch Box: I will make sure that No. 10 is well aware of the discussions that we have had in the Chamber today.

With that, I am afraid that I do not think there is much point in me saying too much else. I beg to move.

[Lord West of Spithead (Lab)]

We in the ISC have tried to get movement on the MoUs being changed. There is no doubt—all ISC members feel this way—that we are being thwarted in getting this to happen and we do not really understand why. The Minister makes it sound as though this is a nice process that is happening. It is not, I am afraid. It is not happening, which is extremely worrying.

[Lord Sharpe of Epsom (Con)]

Obviously, I will make sure that those concerns are reflected to my right honourable friend the Security Minister, who will see the committee fairly soon. As I have just said to the noble Lord, Lord Coaker, clearly I will make sure that this debate is widely understood in the appropriate places.

Hong Kong Military Veterans: Settlement

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Wednesday 29th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend very much for that.

[Lord West of Spithead (Lab)]

My Lords, there is no doubt that these people from Hong Kong have fought for us for many years. I had a Chinese laundryman onboard my ship that was sunk in the Falklands. I was very worried that he had lost all his money and everything, with the ship being sunk. If noble Lords will excuse my phraseology, he had stuffed all his cash in a prophylactic that he had stuffed in his belt. I said, “That was very clever of you”. He said, “No, sir, I learned from my father. He was sunk in the Royal Navy in the Second World War”.

[Lord Sharpe of Epsom (Con)]

Once again this proves the industriousness of the people of Hong Kong.

Counterterrorism: Martyn’s Law

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Wednesday 23rd November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am sorry to disappoint the noble Lord again, but I will have to stay on the hook. The fact is that it will be as soon as parliamentary time allows. I cannot improve on that answer.

[Lord West of Spithead (Lab)]

My Lords, in 2009, I signed off a mass of work to do with security in crowded places. My right honourable friend was in a nearby office at the time and we increased the number of NaCTSOs, as well. Can the Minister confirm that that work—a great deal of work—on exactly this stuff is being looked at and used in the context of this legislation? If not, as with so many things, we will be going round and round in circles.

[Lord Sharpe of Epsom (Con)]

As I say, the Government are still working on this and all aspects of it will be included in the legislation and in the other things I have referenced, such as the Contest and Protect strategies.

American War of Independence: Semiquincentennial Commemorations

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Thursday 14th July 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

To help the noble Lord, it is semiquincentennial—I have said it quite a lot over the last few days.

I do not know—I like the idea, which is a good one. Perhaps we could offer to paint the Statue of Liberty, for example, as an act of reconciliation. I cannot speculate as to what conversations will be held with France, but of course we should be celebrating all our alliances.

[Lord West of Spithead (Lab)]

My Lords, I declare an interest as a member of the Pilgrims. I have to say that I share the views of the noble Lord, Lord Collins, about the importance of the relationship. It is extraordinary how over the last two centuries the English-speaking peoples have assured a certain security and peace in the globe, and that absolutely needs celebration. There will inevitably be a huge fleet review for Fleet Week, because they always do that in New York. Can the noble Lord say whether we are likely to have a ship available to go and take part in that big American celebration in three years’ time?

[Lord Sharpe of Epsom (Con)]

I would certainly hope so.

Ukrainian Refugees

Debate between Lord Sharpe of Epsom and Lord West of Spithead

Tuesday 15th March 2022 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, we will get war criminals to The Hague only if we win. The way to win wars is by having strong armed forces. Are we going to put some money into our Armed Forces? Many countries in Europe have realised that they must now do so, particularly Germany, and the Australians have increased theirs by 80%, whereas we seem to be doing nothing about the Armed Forces, who, to me, seem rather important in wars.

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Lord is asking me to stray across departmental briefs, which I am reluctant to do. However, from a personal point of view, I might not disagree with him. I take this opportunity to commend the work of 104 Brigade, which I was reading about this morning. It is involved in theatre sustainment and is currently based in Stuttgart. It is co-ordinating our international military supplies and others.