Cybersecurity and UK Democracy

Debate between Viscount Waverley and Baroness Neville-Rolfe

Tuesday 26th March 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I am glad that my noble friend deplores this behaviour, because I think that that is agreed across the House this evening. Of course our approach must be rooted in our national interest and we need to be co-ordinated with likeminded partners, and we are all working to have an open and stable international order in difficult circumstances. But China represents a systematic challenge to the world order, remains a long-term state threat to the UK’s economic security, and its behaviour is concerning. It has a choice—we have called in the Chinese ambassador today and we are making that clear. We must hope that China will move in the right direction, but we have to take on the challenge and take proportionate action to hold state actors to account for hostile cyber activity, and to protect UK interests.

[Viscount Waverley (CB)]

My Lords, the Minister might wish to give some insight into how the meeting with the Chinese ambassador went this morning so that we get the fullest idea about all the sides that are party to this deplorable situation.

As is customary in your Lordships’ House, I should declare being the custodian of the totally unused domain name beltroadhub.com. I registered it 15 years ago with no particular practical reasons as to what I was going to do with it, and there it still lies. I inform the House accordingly.

[Viscount Waverley (CB)]

Noted. I must re-emphasise that it is an unused domain.

I am at one with the thrust behind the Statement. The Government and agencies are right to adopt a firm approach. However, although repercussions should be expected for rule of law, human rights and interference abuses, conversely, do the Government believe that constant prodding of the dragon can have consequences that go counter to many British interests and on occasions might be self-defeating? Exploring and not thwarting areas of mutual co-operation, building on respect of strength through dialogue and engagement, should not be lost sight of, including on those areas of concern illustrated in the Statement.

[Baroness Neville-Rolfe (Con)]

To answer the noble Viscount’s question, my understanding is that the Chinese ambassador condemned the “groundless accusations”, accused the UK of smearing China and stated that China was a victim of cyberattacks, including from the UK. He warned that China would adopt firm countermeasures in response but gave no further detail. This matches historical responses when we have called people out for hostile cyber activity, but they have not done anything further. I should correct myself; I understand that the meeting was with the chargé d’affaires.

I do not have a lot more to say on our attitude to China. I said that our approach needs to be rooted in our national interest. China is a permanent member of the UN Security Council. It is the second-largest economy in the world and has impacts on global issues of importance, such as climate change. Proportionate action is necessary but I feel that it is right that we have taken the action that we have. We must protect our democracy and our Members of Parliaments—that is, Members in the other place and here. That is an issue that has to be properly tackled, and the Government are determined to do just that.

--- Later in debate ---

[Baroness Neville-Rolfe (Con)]

We now have a senior FCDO civil servant as CEO of the Electoral Commission. Indeed, he has joined the Defending Democracy Taskforce which I very much value, being security vetted and so on. The noble Lord is right that some of these behaviours seem to be part of a larger-scale espionage campaign and it is disturbing that China is targeting bulk data. It seems to be part of the strategic objectives. We have been clear that it is unacceptable. I do not know exactly what conclusion to draw from that at this time, but we are obviously keeping these matters under review.

[Viscount Waverley (CB)]

My Lords, I rather suspect we might be walking into tricky ground in all this. I remember, for instance, Cambridge Analytics and all those sorts of issues, and many other circumstances around data mining. This was all out there before and is really of concern to everyone. I only put that out there because, from what I can understand, beyond the deplorable approach on officials and all the rest, this could be a lot to do with data mining.

[Baroness Neville-Rolfe (Con)]

The noble Viscount makes a good point.

UK-EU Relationship (European Affairs Committee Report)

Debate between Viscount Waverley and Baroness Neville-Rolfe

Wednesday 20th September 2023 Lords Chamber

[The Minister of State, Cabinet Office (Baroness Neville-Rolfe) (Con)]

My Lords, I particularly thank the noble Earl, Lord Kinnoull, and all noble Lords on the European Affairs Committee for their wide-ranging report. I take this opportunity on behalf of the Government—and, I believe, the whole House—to thank the noble Earl for his skilled chairing of the committee since 2019 and the collaborative approach he has taken to engaging with the Government. He has deservedly gone on to become Convenor of the Cross Benches, and we will all benefit from his calm, wise and intelligent leadership. I am sorry that the new chair, the noble Lord, Lord Ricketts, is absent today, but delighted that he is in Paris to celebrate His Majesty the King’s first official visit to France.

I am also extremely grateful to all noble Lords who have taken part in today’s debate for their insightful contributions, which are a tribute to the report and its authors. My noble friend Lord Howell of Guildford was right to emphasise how much the EU has changed and the changing context in which it operates. My noble friend Lord Jackson of Peterborough pointed out that there will be a new College of Commissioners next year and elections in various places.

We are committed to a mature, constructive relationship with all our international partners. That, of course, includes the European Union. As we stated in our response to the report in June, we intend to realise fully the potential of the trade and co-operation agreement, including in a range of crucial areas such as energy, trade, security and AI.

I cannot agree with view of Brexit expressed by the noble Lord, Lord Collins of Highbury. Brexit has brought us an independent trade policy, the growth of our green and digital industries, the introduction of sanctions legislation, early approval of the Covid vaccine, and a points-based immigration system.

To return to the report, relations have improved, and continue to do so, under this Government. In particular, I am pleased to say that the UK and EU already enjoy close collaboration and co-operation in their support for Ukraine and over the imposition of sanctions against Russia. I was particularly pleased that, on 7 September, the UK and the EU announced agreement for UK association to Horizon Europe and Copernicus. UK scientists will now have access to the world’s largest research collaboration programme. This will help to ensure that we are on track to deliver on our ambition to grow the economy and make the UK a science and technology superpower. It has indeed taken time because, as some have said, the Prime Minister was rightly determined to ensure that the deal was in the UK’s national interest, strengthening UK science and delivering value for money for UK taxpayers. We are looking forward to working closely with European and international partners to maximise collaboration under these excellent programmes. We have the same approach as on the Windsor Framework—I agree with the noble Lord, Lord Liddle, that this was a major step forward—of getting into the detail and doing what is right for Britain, resisting pressure to accept a boilerplate deal no matter what the terms, and delivering terms that work for us.

As we highlighted in our correspondence with the committee, tackling illegal immigration is a top priority for the Government. We continue to seek EU co-operation in tackling illegal migration—a common challenge, of course, as we can see the boats crossing both the Mediterranean and the channel. The UK-FRONTEX working arrangement, which is currently under negotiation, is an example of joint working on what is clearly a pan-European issue that requires a joined-up effort.

I have dealt with the EU all my working life. I started in the rather powerful cereals management committee as a civil servant in 1974, and eventually was the UK Minister in the Competitiveness Council for three years, where my French opposite number was a certain Emmanuel Macron. I then served with great pleasure with some noble Lords who are here this evening on the EU Committee. I therefore understand the value of engaging the EU while being clear about our interests. Accordingly, I agree with the committee and the noble Earl, Lord Kinnoull, on the importance of maintaining a regular dialogue. We will continue to do so under the formal treaty framework—for example, the Partnership Council, which the Foreign Secretary attended in March —or in the technical committees, which oversee implementation, and through other avenues, such as the dialogue established by the memorandum of understanding on financial services. I should say in passing that I noted my noble friend Lady Lawlor’s concerns that we should retain our own legal traditions in financial services.

On the importance of dialogue, the Prime Minister also engages at leader level with our EU and European partners on a regular basis at multilateral fora, the G7, the G20 and more recently with the European Political Community, which brings together the whole European continent. Indeed, the UK will host the fourth EPC summit in 2024, as my noble friend Lord Balfe pointed out.

However, I am not convinced that we should seek extra meetings, as proposed by the committee. As the Foreign Secretary said in his letter to the committee, the frequency of meetings should not be seen as a measure of success. What matters is outcomes. Noble Lords must remember that like other third countries, albeit we are special because of our mutual history, we must focus our demands on what really matters to our people and our businesses.

The TCA has now underpinned our trade and wider relationship with the EU for more than two years. Its committees meet regularly—more than 40 times since the beginning of 2021, with 15 more planned over the next few months. There is also extensive engagement with the EU and with individual member states outside the TCA structures. For example, the Deputy Prime Minister, Oliver Dowden, was in Italy last week and spoke on security and AI at the Pontignano conference. To pick up a point made by the noble Earl, Lord Kinnoull, we work hard to make engagement warm and trusting where appropriate. As my noble friend Lord Lamont said, improving our relationship with the EU is not betraying Brexit. I think there was agreement on that point.

The committee’s report rightly focused on our foreign, security and defence relationship with the EU. As our integrated review refresh makes clear, although we have left the European Union, the UK retains a significant role and stake in the future of our home region. It is essential that we work together to respond to common geopolitical threats and in support of our shared values of freedom and democracy.

In response to points made by a number of noble Lords—including my noble friend Lord Lamont, the noble Lords, Lord Wallace of Saltaire and Lord Hannay, and the noble Baroness, Lady Ludford—let me say that we do not currently consider that bringing co-operation on these matters into a formalised structure would lead to more effective co-ordination. We are focused on the substance of our co-operation and what we want to achieve together where our interests align, rather than the form. Close co-operation is vital in, for example, developing military mobility, crisis response, resilience and countering disinformation and hybrid threats where NATO and the EU have complementary strengths and tools.

The UK’s focus is strongly on strengthening our foreign and security policy relationship with the EU on Ukraine. As my noble friend Lord Tugendhat said, that is very important and likely to be important well into the future. The UK-hosted Ukraine Recovery Conference was a shining example of what can be achieved. We must remain steadfast in our support.

I say this in response to the noble Lord, Lord Wallace of Saltaire: our approach is essentially practical. Our co-ordination with the EU demonstrates our shared commitment to European security. We are working closely not only on PESCO, where the UK is negotiating terms to better enable us to shape the rules on cross-border military transport, but on providing Ukraine with military training, equipment, cyber resilience, humanitarian and economic support, sanctions, energy resilience and countering Russian disinformation.

On the question from the noble Earl, Lord Kinnoull, about the formalisation of sanctions co-operation, it is our view that our existing arrangements for co-ordinating sanctions with the EU are working well. However, I wish to pick up a point made by the noble Baroness, Lady Blackstone. The UK, along with our international partners, has the largest, most rigorous package of sanctions ever imposed on a major economy. I think it is fair to say that we surprised Russia with the scale and level of international unity on sanctions. We will continue our efforts to combat circumvention.

Our officials are in regular contact with EU institutions and member states. We co-operate on all elements of sanctions policy, from design to implementation. Although we constantly keep our processes under review, we do not assess that a more formal arrangement would improve co-ordination. Furthermore, the enhanced partnership between the US Office of Foreign Assets Control and the UK Office of Financial Sanctions Implementation reflects the closely corresponding function of those organisations within our respective systems. That is the answer: this structural similarity is not present in the case of the EU, which has no equivalent.

More broadly, we look forward to establishing dialogues on the important areas of cybersecurity and counter- terrorism.

Close co-operation on energy security between the UK and the EU is crucial as Europe decouples from Russian hydrocarbons. We expect to continue proactively engaging on planning for next winter and beyond, ensuring stable energy supplies while reaching our respective decarbonisation goals. We are also pleased to have resumed participation in the North Seas Energy Cooperation with both the EU and other friends. Exploiting the huge renewable potential of the region will boost European energy production, enhance our energy security and support the transition to net zero.

I am afraid that I cannot agree with the noble Baroness, Lady Ludford. Today, the Prime Minister reiterated our commitment to net zero by 2050 and set out a path for achieving it in a fair, proportionate way. Our new approach is pragmatic, proportionate and realistic because the key is maintaining the British people’s consent on reaching net zero by 2050. I think people will come to understand that.

The Government are committed to working with partners such as the EU to find international solutions to carbon leakage, an issue that was raised by the committee. We are following developments on the CBAM closely ahead of the transitional reporting phase, which will launch on 1 October, and engaging with the Commission to discuss technical considerations relevant to UK manufacturers. The UK raised the CBAM at the Trade Specialised Committee on Goods in 2021 and 2022 and is currently in discussion with the EU on the agenda for this autumn’s committees. The noble Lord, Lord Hannay, will be glad to know that the Government have consulted on measures to combat carbon leakage, will consider the responses carefully and will issue a response in due course.

The UK has ambitious carbon pricing through our emissions trading scheme and carbon price support mechanism. The TCA commits the UK to co-operating on carbon pricing; discussions on this issue would be covered by the Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development. We remain open to the possibility of linking the UK ETS internationally and continue to work collaboratively with a range of like-minded nations to tackle our shared climate challenges. We will update noble Lords in due course. I will write to the noble Baroness, Lady Blackstone, on the subject of energy flows but I think she is probably aware of the interconnector arrangements that we have.

The issue of mobility is an important part of our relationship with the EU. The withdrawal agreement provided for the protection of the rights of more than 5 million EU citizens to remain indefinitely in the UK, as well as to work and access public services as they did before the UK left the EU. Since leaving, the Government have focused the immigration system towards securing the skilled labour that businesses need to stay competitive and innovative.

The Government agree on the value of cultural and educational exchanges between the UK and other nations and will continue to support opportunities for young people, which have featured in the comments of several noble Lords this evening. We are exploring new bilateral youth mobility schemes with international partners, including our European neighbours. In response to the request from the noble Earl, Lord Kinnoull, for an update on discussions with the EU and member states, he will understand that I cannot go into detail but there are live discussions and I can confirm that Parliament will be updated as appropriate; I hope that will also be welcome to the noble Baroness, Lady Bull. We already have 10 youth mobility scheme agreements with other international partners, including Canada, New Zealand and Japan. We recently agreed arrangements with Andorra and Uruguay. The majority of EU member states have working holiday agreements with third countries so we continue to explore the possibilities.

We also recognise the enormous contribution of the UK’s creative and cultural industries. Since we left the EU, we have engaged with EU member states on entry requirements and the difficult issue of touring artists, which we used to discuss when I was on the committee. Now, only three member states—Portugal, Malta, and Cyprus—do not offer any visa or work permit-free routes.

Noble Lords have talked about Erasmus+. The Government chose not to participate in Erasmus+ for the 2021-27 programme, deciding instead to introduce a global scheme and provide more opportunities for students from disadvantaged backgrounds. The Turing scheme now funds 40,000 placements in 160 destinations across the world. The Government believe that it is right to prioritise funding outbound mobilities under the scheme at the present time. As the report made clear, there have been considerable benefits for that, including for disadvantaged students.

As my noble friend Lord Howard of Rising said, Brexit has allowed the UK to carve out its own trade policy. As an independent trading nation, we now have 70 trade agreements in place, including new deals with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, with Australia, with New Zealand and through the new Singapore partnership, which was mentioned during the debate. The freedom to strike such deals opens up many new opportunities in goods as well as services, our exports of which reached record highs in 2022 under current prices. We should of course celebrate the facts that the TCA is the world’s biggest zero-tariff, zero-quota FTA and that the EU collectively remains our largest trading partner.

A number of noble Lords mentioned our border target operating model, which was published in August. It set out our new approach to how security and SPS controls would be risk based and benefit from our new ambitious single trade window, which is designed to simplify and digitalise border trade in goods, and help smaller businesses. The noble Viscount, Lord Waverley, referred to it. We continue to work with stakeholders to prepare and we updated the House in a definitive Written Statement at the beginning of September.

The noble Baroness, Lady Ritchie of Downpatrick, raised some questions and concerns about small businesses. There has been a small delay to help businesses to adapt, which will also minimise the inflationary impact. I confirm that we did discuss these matters with the EU and member state veterinarians and there were extensive discussions with trade bodies.

The committee recommended that the Government should seek an agreement with the EU on SPS controls. The Government are open to this and, with the advent of the BTOM, there is more incentive for a deal. However, it must be based on equivalence and not on alignment to EU rules.

As several noble Lords said, the leader of the Opposition recently called for a much closer trading relationship with the EU. This is puzzling and, my experience would suggest, naive. It also risks returning us to the divisions of the past seven years after the referendum instead of focusing, as we should, on our national priorities. The Government’s approach, building incrementally on what we have already achieved, is much more likely to bear fruit.

We have heard a range of opinions in this place. Many—I think most—think that leaving the European Union was a mistake and that we should be binding ourselves closer to the EU. Others favour divergence. The Government are taking a pragmatic approach. We believe in a mature relationship with the EU— maximising the TCA, tackling shared geostrategic challenges such as Russian aggression against Ukraine, which has brought the defenders of democracy together, and respectfully disagreeing on areas where we have different views. That is the best approach for the UK.

I am grateful to noble Lords for this debate. The House will be glad to know that the Foreign Secretary will be addressing members of the European Affairs Committee in an evidence session in October.

[Viscount Waverley (CB)]

My Lords, I clearly cannot speak for Portugal, but I understand that it is looking for reciprocal arrangements in the matters to which the noble Baroness referred.

[Baroness Neville-Rolfe (Con)]

I thank the noble Viscount for that information. Perhaps we could have a word on the detail.

House of Lords (Peerage Nominations) Bill [HL]

Debate between Viscount Waverley and Baroness Neville-Rolfe

2nd reading
Friday 18th November 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I thank the noble Baroness for making that point. Of course, as she says, the new Prime Minister becomes accountable to the monarch for putting forward the names of Peers in the future, taking into account the advice of HOLAC. The same is true of any further Dissolution List that may come from the other former Prime Minister.

[Viscount Waverley (CB)]

I thank the Minister, to whom I apologise for intervening. Is she able to say with any greater degree of certainty that the Prime Minister has been consulted on the measures put forward today?

[Baroness Neville-Rolfe (Con)]

No. 10 and the Prime Minister are aware that we have had three days of useful discussion on these subjects: we have had two Questions and we now have this Bill. As I said at the very beginning, the new Government will be looking at the proceedings today, and they will reflect on what the House has to say.

Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

Debate between Viscount Waverley and Baroness Neville-Rolfe

Thursday 14th March 2019 Lords Chamber

[Viscount Waverley (CB)]

I wonder whether the Minister’s notes allow him to comment on the following and, if not, he will agree to write. Currently, all UK public sector opportunities are published on Tenders Electronic Daily—TED—which is the EU service on which all public sector tender opportunities within the European Union are listed and updated, constantly. What might be the plan for UK public sector tender opportunities either to continue to be published on Tenders Electronic Daily or to be published separately? If so, where might they be published?

[Baroness Neville-Rolfe (Con)]

My Lords, I welcome the opportunity to debate these SIs, but I have one or two questions of clarification. Luckily, the Minister has already answered my question about the Modern Slavery Act.

As I understand it, the first of the two SIs, in practice, relates to third-country public procurement by the UK. I admit to having a concern about the interests of our own UK businesses and small operators that are involved in procurement. I refer to my registered interests, just in case any might be affected, although the impact assessment suggests that the impact of this order is negligible.

My experience is that we in the UK are more punctilious about enforcement of procurement rules based on,

“transparency, non-discrimination, equal treatment and proportionality”,

and the remedies for breach of any of those; I picked up the wording from paragraph 6.2 of the Explanatory Memorandum. Perhaps the Minister would be kind enough to comment on the risk that the changes will put us at a future disadvantage and not be fully reciprocated by the third countries concerned in the procurement process. If there is a risk, how long will it last? The SI lasts for 18 months, but I am not clear whether that is 18 months altogether or 18 months during which contracts might be let. Of course, procurement contracts often go on for many years.

I was sorry to see that there was no public consultation on this SI, but perhaps my noble friend the Minister can let me know if any concerns have been raised since the SI was published. I fully support the second SI on electronic invoicing. The UK has led the charge in Brussels on permitting businesses and citizens, and people around the world, to take advantage of the magic of online. That includes invoicing, contracts and many basic things. Both in business and as a Minister, this is an area that I have strongly supported and I am glad to see that electronic invoicing continues to apply. Our support for online should continue in third-country and EU procurement, although I know that the latter may be more peripherally affected on this occasion.

Agreement Establishing an Economic Partnership Agreement between the Eastern and Southern Africa States and the United Kingdom of Great Britain and Northern Ireland

Debate between Viscount Waverley and Baroness Neville-Rolfe

Wednesday 13th March 2019 Lords Chamber

[Viscount Waverley (CB)]

My Lords, the question of FTAs must be taken extremely seriously and we must give them appropriate scrutiny, recognising that they are now very important to the United Kingdom. To borrow the words of the noble Lord, Lord Purvis, this is a brief but important debate.

The Government have long iterated on the importance that they place on parliamentary consultation and scrutiny. This afternoon, no lesser a person than the noble Baroness, Lady Fairhead, informed us of the Government’s vision of engagement with Parliament. We have learned the consequences of not being fully utilised as an experienced resource, so I urge the Minister to embrace these three straightforward Motions. In this regard, the parliamentary ratification processes moving forward should be expedited. The record of government thus far is patchy.

[Baroness Neville-Rolfe (Con)]

My Lords, I commend the noble Lord, Lord Purvis of Tweed, for initiating this debate and agree with many of the points that he made—for example, publishing the agreements and those that they replace together. I also agree that there should be consultation wherever possible—for example, with the Scottish Parliament on the Faroe Islands.

Like my noble friend Lady Verma, I sit on the European Union Select Committee. We have been helping the scrutiny process in this House by reviewing the international agreements laid before Parliament in accordance with Section 20 of the Constitutional Reform and Governance Act 2010. The EU Committee was asked to take on this task rather late in the day, and it has involved a commendable cross-party effort by the committee and its sub-committees. However, as has already been said by previous speakers, the main credit should go to the clerks and our expert advisers, who, frankly, have done a fabulous job, working long hours and diving into the wearying complexities of these agreements. As we have heard, we published our sixth report in this series today—HL Paper 315, for the enthusiastic.

I am not sure that I have the chutzpah to table a Motion on this issue myself when there is so much parliamentary business to progress. However, I take this opportunity to draw attention to our work on treaties and to mention the UK-Swiss trade agreement, on which we reported today. This example is “illustrative”, in the word of the noble Lord, Lord Purvis. I very much understand that my noble friend the Minister may not be able to comment on this agreement, although she is very good at pulling rabbits out of hats. Switzerland is the 10th largest trading partner for the UK. As a committee, we were disappointed that the Government, in bringing forward the UK-Swiss trade agreement for scrutiny, had not provided an explanation of the plans for future UK-Swiss services trade, which accounts for 52% of overall trade between the UK and Switzerland. Services are as important as goods to our economy. Given that they now represent nearly 85% of GDP, you might say that they are even more important to the wealth and success of our islands. I am sorry that the process gives them so little focus.

In the meantime, I support the words of the noble Viscount, Lord Waverley, about the importance of parliamentary scrutiny. I would like to see the three agreements before us passed without delay. I look forward to many further debates on the very important area of future trade agreements, which will potentially have big implications and lead to big changes to our country.