National Security Bill

Debate between Steve Baker and Yvette Cooper

2nd reading
Monday 6th June 2022 Commons Chamber

[Yvette Cooper]

The hon. and learned Lady makes a really important point. In its consideration of these issues, the Law Commission made proposals on not only strengthening some of the measures in the Official Secrets Act 1989 but how to have proper safeguards to protect whistleblowers and the public interest. I recognise that there are complex issues in respect of how to draw up the legislation and shall make further points about that.

We have just spent the past four days celebrating our Queen’s historic platinum jubilee and celebrating our shared values and traditions, which are what we defend when we defend our national security. At a time when we have seen an illegal invasion of a fellow European democracy by Russia—an act that threatens and that has attacked and undermined the national security of a fellow European nation—there could be no greater reminder to us all of the need to be resilient and vigilant in the face of threats.

The threats to our national security, democratic values and way of life have inevitably evolved over the decades. The ending of the cold war in the 1990s and the major international terror attacks, particularly by Islamist extremists from al-Qaeda and then from ISIS, alongside growing domestic far-right terror threats, have meant that the national security focus—the top priority of our intelligence and security agencies—has for several decades been on terrorist threats to our way of life but, as the Government’s integrated review made clear, the threats from hostile states have not gone away and in recent years we have seen them grow and become more complex.

As the Government concluded in 2018, the attempt on the lives of Sergei Skripal and his daughter was, in the words of the former Prime Minister, the right hon. Member for Maidenhead (Mrs May),

“almost certainly…approved”

both by the GRU and

“at a senior level of the Russian state.”—[Official Report, 5 September 2018; Vol. 646, c. 168.]

We face different threats from other countries, too. MI5 recently warned publicly about the activities of an individual knowingly engaged in political interference activities on behalf of the United Front Work Department of the Chinese Communist party. The MI5 director general Ken McCallum has warned that

“the activity MI5 encounters day-by-day predominantly comes, in quite varying ways, from state or state-backed organisations in Russia, China and Iran.”

Alongside persistent hard power methods of attack, the advent of technology has also allowed soft power methods to flourish, with electoral interference, disinformation, propaganda, cyber operations and intellectual property theft used to foster instability and interfere in the strength and resilience of the state. The Home Secretary referred to the SolarWinds attack and the interference with major UK energy companies. As the Law Commission warned in its report, the Official Secrets Acts between 1911 and 1939 were enacted long before the digital age and include references to

“a sketch, plan, model, note”—

the pencil notings that are a far cry from the cyber and online data interventions that modern espionage might involve.

The words of the MI5 director general are perhaps startling, when he said:

“Today, it is not a criminal offence to be an undeclared foreign intelligence agent in the UK. Likewise, it is not currently illegal to be in a key position of influence in the UK and be secretly in the pay of a foreign state. That can’t be right. To tackle modern interference, we need modern powers.”

He is right, and we agree. That is why reforms and legislation are needed to address the new threats from hostile states. That is why many of the measures in the legislation are important, for example making it possible to take action against those who are operating in the pay of a foreign intelligence agency to do Britain harm; to make it possible to defend the trade secrets of British businesses, including taking action against those who may be paid by foreign intelligence agencies or a state to leak intellectual property or trade secrets that are then used to undermine our industry and our economy; to make it possible to have stronger action against incredibly damaging cyber attacks on our critical infrastructure; and to enable early intervention to prevent damaging attacks, not just to prosecute once the damage is done.

We have questions that we want to put, points that we want to probe and amendments that we will draft because we want to work constructively with the Government to get the legislation right. I shall make some of those points now and I look forward to further discussion with the Home Secretary and the security Minister during the passage of the Bill. The first gaping hole that we see is the promised foreign agents registration scheme that the Home Secretary has said she will bring forward. We had understood that this would be the central part and purpose of the Bill, but it is currently missing. I do recognise that drafting in those areas is complex, and we need to learn from what other countries have done, but that also makes it the more important to have proper scrutiny. I urge the Home Secretary to ensure that the scheme is not brought forward at the last minute so that we do not have time to give it proper consideration in Committee or to take evidence on it beforehand.

[Mr Steve Baker]

The right hon. Lady makes an important point about the foreign agents registration scheme. Will she join me in encouraging my right hon. Friend the Home Secretary to consider possibly amending the programme motion so that we can have a day in Committee of the whole House to consider it? It will be a large part of the Bill and doing it through amendments in Committee may be inappropriate.

[Yvette Cooper]

I would certainly be happy to have further discussions through the usual channels about the way in which the Bill needs to be scrutinised. In the early evidence stage of the scrutiny, particularly for a Bill like this, it is important for the Committee to be able to hear evidence on this issue, in order to make sure that we get it right.

European Union (Withdrawal Agreement) Bill

Debate between Steve Baker and Yvette Cooper

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Yvette Cooper]

In the last Parliament, the Home Affairs Committee produced a report calling for a declaratory system and also a physical document. It is possible to have a declaratory system that protects rights, but also to ensure an incentive for people to apply and get the document. If all of us in this House were suddenly told that our rights to get healthcare, rent a house or get a job depended on the workings of a Home Office computer system, we would have no confidence in it. That is why people want to know that there is a permanent document. I urge the Secretary of State to think again, because this will go wrong, and also just to accept the Dubs amendment. Do not put at risk or cast any doubt on this country’s commitment to child refugees.

[Mr Steve Baker (Wycombe) (Con)]

I think we should be thankful that we have the opportunity to think again on these matters; I rather regret that we have so little time.

On the issue of a declaratory right, I am very open to the spirit of having a declaratory system. It would send a wonderful signal about how open we are and how welcome people are to stay, but the sheer truth of it—I say this as the former Minister responsible for domestic preparedness in the Department—is that it is way too late to be making this decision now. I am afraid the proposal shows rather an ignorance of how government systems work and of the whole business of delivering a system that can work for literally millions of people. If the proposal were accepted, we would have to abandon giving status to millions of people. It needs to be removed from the Bill, so that we can get on and deliver status for people in a system that is working.

On Lords amendment to clause 26, the power is sunsetted to the end of the year. On the amendment from the noble Lord Dubs, this is one of those areas where we should be thankful that we are thinking again, but, bearing in mind that it is not long since we heard a general acceptance in this House of the proposition that we are all here to pursue the common good in good faith, it is deeply regrettable that some Members have sought to suggest that there would be any lack of commitment on our part to family reunion for refugee children. It is quite wrong. [Interruption.] The hon. Member for Airdrie and Shotts (Neil Gray) says that actions speak louder than words. We will earn the respect of the public by delivering.