Public Order Act 2023

Debate between John Hayes and Julian Lewis

Tuesday 16th May 2023 Commons Chamber

[Sir John Hayes]

I am extremely grateful to my right hon. Friend for giving way again. I do not, unlike my right hon. Friend the Member for New Forest East (Sir Julian Lewis), revere the European charter, the Human Rights Act or even John Stuart Mill.

[Sir Julian Lewis]

I was being ironic.

[Sir John Hayes]

I am pleased to hear that. But I do revere Edmund Burke. It was Burke who said:

“Nothing turns out to be so oppressive and unjust as a feeble government.”

So when the Government act in anything but a feeble way, they are acting justly and rightly in defence of law-abiding, decent patriotic people. [Interruption.] I see the hon. and learned Member for Edinburgh South West (Joanna Cherry) chuntering. Burke also said, of course, that liberty cannot exist in the absence of morality. When the Government act to do what is right and just, they deserve credit, praise and congratulations. They have mine.

Public Order Bill

Debate between John Hayes and Julian Lewis

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Sir Julian Lewis]

Surely the point that we have to be careful about is the use of words—which the hon. Member for Ealing Central and Acton (Dr Huq), whom I regard as a personal friend, did use—such as “impede”. Thinking and praying is not impeding. Actually shouting, livestreaming and doing offensive things to people who are going to have a procedure is impeding. If I understand correctly the amendment tabled by my hon. Friend the Member for Northampton South (Andrew Lewer), he is talking only about things that do not impede. I think that is right, and that is the only basis on which I could vote for his amendment.

[Sir John Hayes]

My right hon. Friend will be pleased—but not surprised, given that he knows me so well—to hear that I entirely agree with him. I would not support loud, aggressive protests outside abortion clinics. They do take place in some other countries, but the evidence that they take place in this country is extremely thin. Indeed, a previous Health Secretary conducted a review to establish that fact. If that was in any way likely or possible, or was made more possible by this amendment, I would not be speaking in support of it, so my right hon. Friend is entirely right. This is about peaceful, silent protests.

In moving this Bill at its inception, the Government rightly said they were doing so because they were against violent disruptive protests. They had in mind people gluing themselves to roads, and stopping ambulances that were rushing to save lives. I support this Bill. I support its objectives because that kind of disruptive and violent protest is incompatible with a free, open and peaceful society. But it is extraordinary that, simultaneously, having said that they were in favour of peaceful protests—the defence being, “We are in favour of an open society, different opinions, the right to put your case by protesting peacefully”—the Government are now failing to support an amendment, tabled by my hon. Friend the Member for Northampton South because the Government refused to table it, to protect people’s right to protest in the very peaceful and indeed silent way that a few weeks ago they were saying they were prepared to defend.

Higher Education (Freedom of Speech) Bill

Debate between John Hayes and Julian Lewis

Report stage
Monday 13th June 2022 Commons Chamber

[Sir John Hayes]

We are dealing with a complex subject. Free speech by its very nature means people saying all kinds of things in all kinds of ways about all kinds of subjects. The hon. Lady is right that there will be tensions to be settled, which is precisely why the Government have put in place mechanisms to do that. They are going to appoint, as was said earlier, an office with responsibility for ensuring that this Bill’s intentions and provisions are applied consistently. The Government acknowledge the difficulties that she has highlighted, which is precisely why they are putting in place a person and team to do exactly that.

[Dr Julian Lewis]

rose—

[Sir John Hayes]

I can see that my right hon. Friend is about to make an erudite intervention.

[Dr Lewis]

You can always hope, Mr Deputy Speaker.

Does my right hon. Friend not feel as I do that the interventions that he has just taken show that perhaps the diminutions on free speech have already spread into other areas of legislation rather further than he and I would like them to have done?

[Sir John Hayes]

I agree entirely, which is precisely why this Bill is so welcome, but it needs to be part of a bigger programme of work by the Government to do what I described earlier, which is to unpick some of the legacy of the dark days of Blairism and the impact that that has had on all kinds of aspects of our wellbeing. My hon. Friend is right. This Bill is significant, but modest, so let it be the beginning of a crusade to establish freedom as the default position across all our legislative considerations in exactly the way—with erudition and diligence, matched by experience—that my right hon. Friend illustrates.

Free speech is complex and, in the words of the hon. Member for Warwick and Leamington, may be seen as an abstraction, but if it is an abstraction, it is one that is essential for the wellbeing of our free society, for it is at the very heart of what an open society is all about. The ability to say things which, as I said earlier, alarm, disturb, or even shock, and hear things with which we disagree is the very nature of what good universities are all about. I fear that that is jeopardised by some of the thinking that permeates universities, particularly university leaders and managers. For example, Professor Ahmed also spoke of

“issues to do with race, with transgender, and with Israel and Palestine on which they were simply unwilling to say what they thought”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 13, Q22.]

people fear the consequences of doing so. It is not just those issues, although those are notable among the list of things that people now regard as beyond the scope of free and open debate.

--- Later in debate ---

[Sir John Hayes]

Yes, but the problem is that that line moves with the times, with fad and fashion, with what I described earlier as the zeitgeist. Perhaps the most chilling example of that is the case of Kathleen Stock. The hon. Lady will remember that Kathleen Stock gave evidence to the Bill Committee of which she was part. Within a few weeks, Kathleen Stock was driven out of her job as a distinguished professor at the University of Sussex by the mob, a group of students who pursued her and intimidated her and her family.

Kathleen Stock received scant support from many of her academic colleagues, although latterly the university authorities claimed they were supportive, and she was so affected and so damaged by all that that she ended up leaving the job she loved. I thought how chilling and ironic that she should have been one of the people who came to us, as Members of this House, to a Bill Committee debating this Bill, and yet just weeks later found herself a victim of the very problem she highlighted and emphasised in her evidence.

I will move fairly rapidly on to the amendments that stand in my name, Mr Deputy Speaker, because otherwise you will claim that I am making a Second Reading speech—and with some just cause.

[Dr Lewis]

rose—

[Sir John Hayes]

But before I do so, I will happily give way to my right hon. Friend.

[Dr Lewis]

My right hon. Friend is so kind. He has just given a terrible example at the extreme end of the spectrum of intimidation and restriction on free speech, but does he share my concern about the paranoid issuing of so-called trigger warnings or alerts, which are meant to protect students from hearing anything that they might find in the least discomfiting or disturbing? How does that prepare them for going out into the real world, where they are, whether they like it or not, going to hear things that are not to their liking? They will be under-prepared for that terrible ordeal.

[Sir John Hayes]

Almost every part of the canon of our great literature now seems to come with a health warning. From “Moby-Dick” to “Jane Eyre”, we are told that books are desperately dangerous for young people to read. That this is happening in schools and, amazingly, in universities is almost beyond belief. Snow has turned to ice: they are no longer snowflakes, they are in deep freeze, those people who dare not even read Austen, the Brontës or George Eliot—of those three, I strongly recommend George Eliot, by the way, but let us move on before I get into any more literary considerations.

Telecommunications (Security) Bill

Debate between John Hayes and Julian Lewis

Report stage & 3rd reading
Tuesday 25th May 2021 Commons Chamber

[Dr Julian Lewis]

rose—

[Sir John Hayes]

I give way to the Chairman of the ISC.

[Dr Lewis]

In support of what my right hon. Friend says, he will recall that one of the main reasons why the Government felt it so difficult to rid themselves of Huawei was that there would then be only two remaining possible suppliers, and if one of them got into difficulty, we would have total dependence on a single supplier. If we do not diversify, it really has knock-on effects: we sometimes have to improperly consider using suppliers that are really a risk to our security.

[Sir John Hayes]

As my right hon. Friend knows, it is not only the Committee on which he and I serve that has highlighted that point; other Committees of this House have, too, and the Government themselves have acknowledged it. We really need to look at how, having accepted the thrust of his argument, the Government intend to respond. What is the action plan? I know that the Minister will have much to say about this, but my right hon. Friend is absolutely right.

This is part of a wider problem of the concentration of power in the hands of what I described earlier as a handful of unaccountable corporate monopolies. There is a curious assumption that somehow those organisations will be intrinsically virtuous, but that is simply not the case. Commercial organisations are just that: they are interested in commerce. They are not there to do what Governments and this Parliament exist for, which is protecting the interests of the whole of the people.

National Security and Investment Bill

Debate between John Hayes and Julian Lewis

Consideration of Lords amendments
Monday 26th April 2021 Commons Chamber

[Dr Julian Lewis]

The Intelligence and Security Committee greatly appreciates the work of the Minister and of his predecessor on this important legislation. I was on the Committee in June 2013 when we identified the risks posed by foreign investment and takeovers to the United Kingdom’s critical national infrastructure, citing Huawei as a case study—and we know what happened after that. We strongly support the Government’s decision to address those risks and we welcome their assurances that national security concerns sit at the very heart of the Bill. That is exactly as it should be.

However, what was not as it should be, with the Bill as originally drafted, was the lack of adequate oversight arrangements for those security concerns and for the process when they are weighed against business and other commercial concerns by the new Investment Security Unit. The Government ought to accept amendments 11 and 15 from the other place, introduced on a cross-party basis by former Security Minister and current ISC member Lord West, former Cabinet Secretary and former ISC member Lord Butler, former party leader and former ISC member Lord Campbell, and former Defence Secretary Lord King—who was of course the first Chairman of the Intelligence and Security Committee when it was established. Their amendments make provision for that previous lack of oversight. They would require the annual report produced by the new Investment Security Unit in BEIS to include, for each final order and notification made, the Secretary of State’s decision, along with the security services’ assessment of the national security risks uncovered. They would allow the Secretary of State to move any classified information into an annex and to provide that classified annex to the ISC. With the amendments in place as they currently are, we could be confident that the Bill will create the robust regime needed to protect the United Kingdom.

Given the powerful speeches from all quarters and the size of the majority in the other place in support of the amendments, it is surprising and disappointing that the Government remain opposed to them and are seeking to overturn what is clearly common sense. The amendments provide for the ISC to scrutinise the highly classified national security elements and the weighing of those classified elements against commercial concerns.

There appear to be three arguments employed by the Government against the amendments. The first claims that because BEIS is not listed in the Justice and Security Act 2013 or in the associated memorandum of understanding on the scope of our work, the ISC cannot look at decisions taken by the new unit in BEIS. That is based on a false premise.

During the passage of the 2013 Act, the Government explicitly and repeatedly told Parliament that the Act and the MOU would provide the ISC with oversight of all security matters across Government. The MOU mechanism, again, in the Government’s own words, was a “flexible” way to ensure that the list of organisations working on security matters and therefore subject to ISC oversight would be kept up to date.

[Sir John Hayes]

Will my right hon. Friend give way?

[Dr Lewis]

I will give way in a moment, because I would like my right hon. Friend to hear this next bit, as I think there was a bit he was missing in his earlier intervention.

These words were used in Committee in my presence by the then Security Minister, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), when introducing the 2013 Act. He said:

“I want to be clear that the Government intend that, through the provisions of the MOU, substantively all of central Government’s intelligence and security activities will be subject to ISC oversight.”––[Official Report, Justice and Security Public Bill Committee, 31 January 2013; c. 97.]

As if that were not clear enough, he went on to say, and this is the bit that matters:

“Things change over time. Departments reorganise. The functions undertaken by a Department one year may be undertaken by another the following year… An MOU is flexible: it can be changed much more easily than primary legislation. It will enable the intention of the Government that the ISC should have oversight of substantively all of central Government’s intelligence and security activities to be realised now and in the future.” ––[Official Report, Justice and Security Public Bill Committee, 31 January 2013; c. 98.]

The setting up of the new Investment Security Unit in BEIS is therefore precisely the situation that the Government assured the House that the MOU was designed to address, and the unit can easily be added to the MOU by a simple exchange of letters. Indeed, if the Government were willing to give an undertaking here and now to add the new unit to those listed in the MOU, the need for these amendments would disappear.

[Sir John Hayes]

That is precisely why I drew the Minister’s attention to the flexibility of the memorandum of understanding and asked him whether the Government stood by the terms of that memorandum. The Minister was as clear as crystal. He said that he believed in that memorandum, and he saw no attempt in what the Government were doing to dilute the powers of the ISC or its ability, of the kind that my right hon. Friend set out, to range across government, if I can put it that way, where security is concerned. I think we have had reassurance from the Minister sufficient to support the Government.