Cyber Security and Resilience (Network and Information Systems) Bill

Debate between Kanishka Narayan and Iain Duncan Smith

Report stage
Tuesday 16th June 2026 Commons Chamber

[Sir Iain Duncan Smith]

I am not quite certain that I understand the Minister’s reasons for why he cannot accept my amendment, tweak it or work with it in the other place. The reality is that with this Bill, we are opening the door in a way that we would not have otherwise done to the use of information that may predicate a failure for some British citizen sitting in a country where the rule of law does not protect them in the courts. The Government are taking a risk of making it worse, not better. While the Minister agrees to some degree with the principle of what I am saying, surely this is the time to put it right in the Bill.

[Kanishka Narayan]

As I say, I agree with much of the right hon. Gentleman’s diagnosis. Let me state in more detail the reasons for objecting on the mechanism. First, the provisions for information sharing are deeply discretionary for UK regulators. Secondly, the subjects in which they can pursue that information sharing are restricted to significant matters of national security and domestic crime prevention in the UK. Thirdly, the way that the amendment is drafted risks creating undue uncertainty in law. If this is the only regime where there is a specific and explicit reference to fair trial in the legislation, it calls into question how other information-sharing regimes are interpreted, such as under section 114 of the Online Safety Act 2023. In other words, drafted as it is, the amendment could invite legal challenge where a regulator exercises its discretion not to disclose this in other regimes, as there is no explicit exclusion. For those reasons, while I totally agree with the right hon. Gentleman’s diagnosis and his objective, I am afraid that the amendment in question risks undermining the objective.