National Security Bill

Debate between Bob Seely and Kevan Jones

2nd reading
Monday 6th June 2022 Commons Chamber

[Mr Jones]

The right hon. Gentleman raises an interesting point. Without reform, the courts will define public interest anyway. I would sooner have this place define it than leave it to the courts or allow an ad hoc system to build up over time. I do not understand why the Bill does not take that opportunity, because it would help. Some journalists think that it would be a way of stymieing them, but I think it would clarify the position on the information that can be put in the public domain and would actually help to make that defence. I would rather have this House than a court of law setting those parameters.

The Law Commission made another recommendation that I think worthy of consideration, although we need to work out how it would work in practice:

“an independent commissioner to receive and investigate complaints of serious wrongdoing where disclosure of the matters referred to may otherwise constitute an offence under the Official Secrets Act 1989. That commissioner would also be responsible for determining appropriate disclosure of the results of that investigation.”

That would provide another valve in the pressure cooker of the system when people think that wrongdoing needs to be highlighted.

I would love to know why the Government have missed the opportunity to bring all these things forward in the Bill. I hope that as it passes we can insert some of them: that would not only strengthen the Bill, but give our security services the toolkit that they need.

The foreign influence registration scheme, which we called for in the 2020 Russia report and which is supported by the agencies, would make it unlawful to be an undeclared intelligence officer. I accept that there are issues with definition, but the consultation on the Bill described it as a key component of the new regime, yet for some reason it is not in the Bill. I hear the Home Secretary’s promises, but—call me old-fashioned—I think we should have it before us today to debate on Second Reading.

[Bob Seely]

The right hon. Gentleman is making a valuable point. One of the problems that we have to get to grips with is the difference between a paid-up agent—the sort of old-school spy who worked for the KGB and others—and someone who works ostensibly for the United Front and is not technically a spy, but is cultivating a malign and covert form of influence. Arguably, they are both as damaging. This is a genuine question: how does one decide which of the two is more serious? Do we equate them, in this day and age?

[Mr Jones]

I think transparency is the way to do it. That is why Australia’s Foreign Influence Transparency Scheme Act, which was introduced very quickly in 2018, requires anyone engaging in lobbying or any kind of communications activity for the purpose of political influence on behalf of a foreign principal to be registered. The US scheme, which has been mentioned, was introduced in 1938 and came into force in 1939. If Australia and the US have such schemes, I am sure we can have one.

Personally, I think transparency is the best way forward. The approach that I understand the Government are looking at—having a list of countries on behalf of which people working have to register—is asking for trouble and will have to be updated over time. The Australian system and the US system are far better because they are all-encompassing.

[Bob Seely]

I disagree slightly with what the right hon. Gentleman is saying, although he is making a very good point. I think there is a very good argument for treating Oleg Deripaska differently from the New Zealand tourism board. For one, there should be a very light level of registration, because clearly the New Zealand tourism board is unlikely to be a front for anything other than New Zealand tourism, whereas Russian oligarchs, the Huaweis of this world and the United Front may hide all sorts of nasties behind them. If the Government have the courage to name China along with Russia, North Korea and Iraq, that is potentially an attractive option, is it not?

[Mr Jones]

It is, but an active list that has to keep being updated is a problem. I would go broad first. If the New Zealand tourism board had to be caught by that—I am not sure we have anything to worry about from the New Zealand tourism board, apart from representing a fantastic country that is a great place for tourism—the important point is that it would be fair across the board. Again, I do not understand why that measure is not being brought forward today.

I will raise one last concern, which is about clause 23 and has been raised by the right hon. and learned Member for Kenilworth and Southam and also my hon. Friend the Member for Garston and Halewood. I see no purpose for the clause at all. I want to know from the Government what it is that is not already in legislation that they are trying to get at, or where the clause has come from, because it is certainly something I have never seen raised by the security services at the Intelligence and Security Committee. If we are to have this clause, I would also like to see some kind of oversight of it, whether that is the Investigatory Powers Commissioner or some other networks. Otherwise, the Bill is giving a large degree of latitude to individuals.

We should remember that this has been a hard-fought issue. The shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), raised the important point—let us be honest, it has happened over a period of time—that the Investigatory Powers Commissioner has been excellent in improving the oversight and robustness of the regulation around our security services, which are so important, and the confidence that people can have in that.

With that, I welcome that we have a Bill, but is it a Bill that will do what it says on the tin? I am not sure it will. It will need a lot of changing in Committee.

Sanctions

Debate between Bob Seely and Kevan Jones

Tuesday 1st March 2022 Commons Chamber

[Bob Seely]

The hon. Lady brings me to a point about how oligarchs work. To go back to Ukraine, somebody such as Dmitry Firtash, who is now wanted by the Americans, was set up by Gazprom and Putin. He was given sweetheart deals to import vast amounts of cheap energy into Ukraine. The vast profits that he garnered from those sweetheart deals gave him a good life but, more importantly, he funnelled that money into buying up chunks of east Ukrainian industry, effectively as a front for the FSB, the former KGB. Critically, he also used it to purchase politicians and to fund the pro-Russian political parties in eastern Ukraine.

When it comes to oligarchs, therefore, it is important to understand that we are talking about an economic model within hybrid war. Of all the tools of hybrid war, if hon. Members read the Russian characteristics of war, they will see that the first characteristic of the Russian military doctrine is that there is an integrated military and non-military strategy. So they have their troops, paramilitaries, front organisations or assassins, but with that they have the politics, economics, culture, religion and even sport—sport matters very much.

When it comes to oligarchs, we are talking about not just obscenely rich people who are mates with somebody, but a structure of control and power, whether that is in eastern Ukraine or in the United Kingdom, primarily to facilitate vast money flows to tax havens or to intimidate and silence the western media into not reporting on those people. There are a series of outcomes to that, so I thank the hon. Lady for the intervention.

I return to Abramovich, Fridman and Deripaska. If they were so keen to smarten up their act—they are clearly scared of what might happen—I would like to know why, as of only a few weeks ago, they and their London lawyers were all abusing data protection Acts or libel law to target and intimidate individuals, such as Chris Steele and Catherine Belton, HarperCollins and others. At the end of last year and even this year, they have continued to intimidate a free press. They were enabled, and I make the point that it is not only the oligarchs but their millionaire servant class of enablers who enable the billionaire class of oligarchs who enable the neo-fascism that we see in Europe.

[Mr Kevan Jones]

I commend the hon. Gentleman for his speech today, his past work in the area and his knowledge of it. Is the issue not also close to home in his party? A co-chair of the Conservative party has a business with, as I understand it, an office in Moscow with 50 people in it whose job has been to facilitate those oligarchs and others and to use their money around the world for expensive travel and other things. Should people such as him not question what they have done to support Putin and his regime?

[Bob Seely]

The right hon. Gentleman makes a really good point. I do not have anything against Ben Elliot; he is a decent enough character. Do I think it is great that Hawthorn does PR for oligarchs? No, I really do not. Do I think it is great that there are Members of the House of Lords, whom we are not allowed to name—God knows why—who have set up their strategic advice so we know nothing about their clients, or who advise Russian oligarchs and their companies? No.

Do I think it is great that we have had a former member of the Scott Trust, Geraldine Proudler, who has represented the organised crime interest that killed Magnitsky? No, I do not. Do I think that there are advisers to the current Leader of the Opposition who have very questionable records when it comes to advice to oligarchs? No, I do not. Do I defend any Tories in that space as well? No, I do not.

What worries me is that, as well as having a very obvious commitment to not hurting the City of London—putting our national interests ahead of the City of London would be awful: it would never do—we build up a quiet collection of very powerful individuals who then effectively gently corrupt our system. I am sure they may be acting in the best interests, but, collectively, they have to be careful.

I think it was in the 1930s that Michael Foot wrote “Guilty Men”. In the past 10 years there have been guilty men and women who have done a really bad job of facilitating the agents of fascism, and those people are going to start coming out of the woodwork. It would be better for many of those people to consider their positions now, rather than becoming the targets for the media and people such as ourselves.