National Security Bill

Tom Tugendhat Excerpts

Consideration of Lords amendments
Wednesday 3rd May 2023 Commons Chamber

[The Minister for Security (Tom Tugendhat)]

I beg to move amendment (a) to Lords amendment 26.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Lords amendment 26, and amendment (c) and Government amendment (b).

Lords amendment 153, and Government amendment (a).

Lords amendment 22, and Government motion to disagree.

Lords amendment 122, and Government motion to disagree.

Lords amendments 1 to 21, 23 to 25, 27 to 121, 123 to 152 and 154 to 174.

[Tom Tugendhat]

Let me start on a personal note by thanking the Clerk who is sitting in his place and congratulating him on becoming Clerk of the House. It is the first time that he has been in his place when I have spoken from the Despatch Box. He has been a friend for many years, so I am glad to have the opportunity to put on record that the Clerks keep us all on the straight and narrow, and in some cases get us out of rather a lot of trouble. I thank them very much indeed.

It is a pleasure to bring the National Security Bill back to this House. A number of changes have been made in the other place to improve it. The House will know the importance of the Bill: it gives our intelligence and security services, as well as law enforcement, a new toolkit to tackle state actors who threaten the safety and security of the United Kingdom. It also takes steps to prevent public funds from being given to those who could use them to support terror. As always, this Government have listened. I pay tribute to Lord Anderson and Lord Carlile for their work to improve the Bill—[Interruption.] I am glad to hear the acknowledgement from the Opposition Benches. That has improved the Bill for all sides.

We have heard the views of the other place, of industry and of many others, and we have focused the foreign influence registration scheme into a more targeted weapon against those who would do us harm. Arrangements to carry out political influence activity will now be registerable only when directed by a foreign power. Receiving funding from a foreign power, absent a direction, will not trigger a requirement to register under the scheme. For example, cultural institutes that make an important contribution to life in the United Kingdom will not be required to register simply because they receive funding from a foreign power. That is in line with the original intention of the scheme.

Only where organisations or individuals are directed by a foreign power to carry out political activities will that arrangement need to be routinely registered. We will publish guidance to support understanding of the scheme and circumstances in which arrangements will need to be registered. It remains the case that criminal offences will be attached to failures to register.

The Government made a number of changes in the other place following concerns expressed about the Bill’s potential impact on journalistic freedoms and other legitimate activity. I pay enormous tribute to Lord Black for his contribution to the debate. The Government are clear that the Bill’s focus is on protecting the United Kingdom from threats from those acting against the UK’s interests, not interfering with press freedom. The Lords amendments clarify the scope of offences and requirements in part 1. That includes amending the language in the phrase

“knows, or ought reasonably to know”

to put beyond doubt that it would need to be proved what an individual knew rather than capturing individuals acting unwittingly. That applies in every instance when the phrase appears in the Bill, including in the foreign power condition.

Further drafting changes have been made, including to clarify the scope of the offence of assisting a foreign intelligence service and the meaning of foreign power threat activity.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

Does the Minister agree that we must exclude assistance in torture from the scope of defence, to protect people such as my constituent Jagtar Singh Johal, who was repeatedly electrocuted and threatened with being set alight by the Government of India?

[Tom Tugendhat]

The hon. Member will know that that is a matter for the Foreign Office in its dealings with other states. The Bill does not in any way erode any of the protections under the European convention on human rights, including the right not to be tortured.

We are pleased that the chief executive officer of the News Media Association Owen Meredith said in response to the Government’s changes that he welcomed

“the government’s reassurances that journalism will not be criminalised under this new national security regime.”

That is absolutely correct. It will not be, and it is not the Government’s intention that it should be. The media sector recognises the balance that the Government have struck between protecting press freedoms and safeguarding national security.

We have also taken on board the concerns of the Intelligence and Security Committee of Parliament, which I thank for the incredibly constructive and supportive manner in which it has engaged on the Bill. In response, the Government have changed the Serious Crime Act 2007 amendment from non-application of the offences to a defence. We believe that the amendment strikes the right balance. It ensures that the dedicated individuals in the intelligence and security services can carry out activities to support our foreign partners, but that there can be proper legal consideration of any potential wrongdoing.

The Bill is now in a strong position. We have effective tools and powers to tackle hostile activity on British soil or that is against the UK’s interest, done for or on behalf of, or with the intention to benefit, foreign states. We have a thorough transparency scheme designed to ensure that we know who is influencing our politics. Under the enhanced tier of the foreign influence registration scheme, we have the ability to specify states and entities and thereby require the registration of activities to protect the safety or interests of the United Kingdom. We also have the means to prevent the exploitation of the UK’s civil legal aid and civil damage systems by convicted terrorists.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I have raised on a number of occasions in debates and Committees the use of cryptocurrencies, and cryptocurrency mixers in particular, to facilitate the activities of hostile state-sponsored activities in a number of countries. The US Treasury acted against a number of the so-called mixers back in August last year. Despite raising that on a number of occasions, I am yet to receive clarification on what we are doing to ensure that cryptocurrency is not used to facilitate hostile state activities, as has been done in sums of billions.

[Tom Tugendhat]

The hon. Gentleman, who is a friend, is right to highlight this issue as it is true that cryptocurrency can be used in such ways. I urge him to look at the Economic Crime and Corporate Transparency Bill, which we are taking through the House. Naturally, the National Security Bill does not cover every element that we are using to ensure the protection of the United Kingdom; there are many other Bills, which work together as a woven fabric of defence. Cryptocurrency is one aspect of the Economic Crime and Corporate Transparency Bill, which my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) is leading on. That Bill is making its way through the House and will address some of the hon. Gentleman’s concerns.

Turning to amendments 22 and 122, the Government have set out clear reasons why we will not accept either amendment. I know that my right hon. Friend the Member for New Forest East (Sir Julian Lewis) will be making an intervention about this later in the debate. We have set out the reasons why we will not accept the amendments, which were made clear in the other place.

Amendment 22 would introduce a requirement for political parties to

“publish a policy statement to ensure the identification of donations from a foreign power”.

Upon receipt of a donation, political parties are already required by law to verify whether they are or are not from a political source. Donations that do not meet the permissibility tests or are unidentifiable must be returned and reported to the Electoral Commission. If political parties fail to do that, their treasurers face being sent to jail. They risk the reputations of their staff and their elected representatives being shredded. There is already a strong incentive for parties to ensure that donations come only from permissible donors.

[Sir Chris Bryant (Rhondda) (Lab)]

But earlier the Minister was praying in aid Lord Carlile, saying what a wonderful job he had done in helping the Government to bring forward wonderful amendments. This is one of his amendments, so it seems a bit odd to turn against this one.

On the point the Minister just made about permissible donors, all that has to be checked is whether the person is on the electoral register. The Elections Act 2022 has added to the register 3.5 million people who do not even live in this country. All that political parties presently have to do is check whether somebody is on the electoral register. I do not think that safeguards our elections from interference from those who would wish us ill.

[Tom Tugendhat]

The hon. Member has formerly been very kind about the work that we have done together, such as on the Foreign Affairs Committee and on other appointments. He has agreed with me on some areas and disagreed on others. It cannot be an enormous surprise to him that I agree with Lord Carlile on some areas and disagree with him on others. Frankly, that is the nature of parliamentary work, as the hon. Gentleman knows better than anyone.

As for the hon. Gentleman’s point about foreign registrations, those are of British citizens living abroad. Those are the only terms on which people are registered to vote on our electoral register. It is not right to say that those are a random 3.5 million people; that is certainly not true. They are British citizens and therefore their donations are as valid as their votes.

The Government recognise that there are risks. That is why it is already an offence to attempt to make a donation by concealing information, giving false information or knowingly facilitating the making of an impermissible donation. Where the foreign power condition is met in relation to a relevant electoral offence, as set out in schedule 1 to the Bill, clause 16 provides for a substantially increased maximum penalty: where a one-year sentence previously applied, that has been increased to four years; and two-year sentences have been increased to seven years. These relevant electoral offences include offences of undue influence, for which the maximum sentence has been increased to seven years, and making a false declaration about the source of a donation, for which the maximum sentence has been increased to four years.

Indeed, the Government have already taken action. The Elections Act 2022 tightened the law to close loopholes on foreign spending. The Electoral Commission is also being given more powers to access Companies House information, through measures under the Economic Crime and Corporate Transparency Bill. That will allow the Electoral Commission to undertake the proper targeted and proportionate checks.

For absolute clarity, donations to political parties from foreign powers, made directly or indirectly, are not permissible. The amendment places new requirements on minor parties, who are not subject to any other financial reporting requirements at this time, as they can contest only local and parish elections. The amendment would therefore place huge administrative burdens on small, grassroots political campaigning and would punish grassroots democracy.

It is not clear how the proposals would work in practice. Political parties are not banks; rightly, they do not have access to individuals’ financial records. They are not His Majesty’s Revenue and Customs; they do not have access to tax records. They do have access to the electoral roll and to Companies House, which they are already obliged to check. The Electoral Commission already publishes guidance on these legal duties. Indeed, political parties must already report all larger donations to the Electoral Commission, which are then published online for public scrutiny.

[Martin Docherty-Hughes]

Is the Minister saying that small grassroots organisations, many of them associational organisations that may be registered charities in England and Wales, Scotland or Northern Ireland, are not capable of filling out an extra form to make sure that they are not being utilised by foreign states?

[Tom Tugendhat]

The hon. Member underplays what the amendment would do. It would be much more than simply filling in a form and would place a greater burden of a need to check, which would be a major requirement for small political parties and grassroots organisations. I am surprised that he, as a champion of local democracy, would require smaller parties to do that.

As I have said, Lords amendment 22 is not needed. The law already makes robust provision in relation to donations to political parties. Foreign donations are banned. It is an offence to accept them and there are strong rules safeguarding against impermissible donations via the backdoor. Parties can accept donations only from permissible donors. As such, the Government will not accept the amendment.

Amendment 122 imposes a duty on the Prime Minister to amend the memorandum of understanding between the Prime Minister and the Intelligence and Security Committee to account for changes to intelligence or security activities

“as a result of this Act”.

It also requires engagement on these revisions to begin within six months of the Act coming into force.

The power to make revisions to the MOU between the Prime Minister and the ISC is not limited to changes resulting from a specific piece of legislation. Adding the amendment risks creating the erroneous impression that explicit legislative provision is required in order for the ISC to propose amendments to the MOU. Further, the power to amend the MOU is already included in the Justice and Security Act 2013. I would be happy to meet with the chair of the ISC, my right hon. Friend the Member for New Forest East, on this matter. Indeed, we have spoken about that in the past.

[Sir Julian Lewis (New Forest East) (Con)]

I am grateful to my right hon. Friend—and he is a friend—who I know is saying what he has to say. We know that the memorandum of understanding can be amended as developments in the organisation of Government require it to be amended, but the trouble is that the Prime Minister has been reluctant to amend it and it is not being amended. The reason this amendment was introduced in the other place is to force the Government to do what they should be doing voluntarily.

--- Later in debate ---

[Tom Tugendhat]

As usual, my right hon. Friend makes his point cogently. In reality, the MOU requires amendment because the nature of the Government has changed. He is absolutely right that we need to ensure that the House is able to scrutinise the Government on areas where intelligence and security information is required. I agree that that update needs to be made, but I disagree that this is the place to do it or that it should be done in legislation, for the reasons of flexibility that we have already discussed. I know that he will be making his case powerfully to the Prime Minister, and no doubt to other Ministers, to make sure that the updates required to make sure scrutiny is observed are followed through.

Finally, I turn to the amendment to the Serious Crime Act 2007 tabled today, which largely speaks for itself. It clarifies the application of the new defence, which will apply to

“the proper exercise of a function of the armed forces”

only when relating to intelligence. This addresses concerns raised in the other place about the scope of armed forces activities that may have been covered by the defence. It builds upon the amendment tabled by Lord Anderson on Report in the Lords and the commitment made in the other place to bring forward a similar amendment. I am glad that we can bring it forward today.

The ISC has heard and accepted the operational problems caused by the application of the SCA offences. I believe the new SCA defence, and today’s amendment to it, satisfy the concerns of the United Kingdom intelligence community, the armed forces, the other place and this House. I therefore ask the House to support the Government amendment. Let me again thank the Intelligence and Security Committee for its co-operation and help in improving the Bill.

As the House will know, the Government have also tabled a minor amendment to the foreign influence registration scheme, designed to ensure parity across the devolved Administrations in respect of the public officials covered within the meaning of political influence activity.

This Bill is a groundbreaking piece of legislation that will revolutionise the tools and powers available to the police and our intelligence agencies, so that they are equipped to keep us safe.

[Stephen Doughty]

Will the Minister give way again?

[Tom Tugendhat]

I will, because the hon. Gentleman is an old friend.

[Stephen Doughty]

The Minister will be aware of Lords amendment 130, which relates to the sovereign base areas of Akrotiri and Dhekelia. He will also be aware of the concern that has been expressed about the possible unintended consequences of the Bill. Those bases are critical to UK national security, as is our relationship with the Republic of Cyprus, which a close friend of many in the House. Will he say a little about where the discussions have got to, and whether there will be a good conclusion?

[Tom Tugendhat]

The hon. Gentleman has tempted me to approach the issue a little early in my speech, but let me put this firmly on the record. I have met the high commissioner of Cyprus, and my right hon. Friend the Foreign Secretary has spoken to its Foreign Secretary. I want to make it clear that any references in the Bill to the sovereign base areas of Akrotiri and Dhekelia shall be in accordance with the 1960 treaty concerning the establishment of the Republic of Cyprus, shall not affect the status of the sovereign base areas as defined in the treaty, and will not in any way undermine its provisions. References to the sovereign base areas in the Bill in no way indicate a change in UK policy towards their governance. I hope that is extremely clear.

If we had these powers now, I would already be encouraging the police to use them against those who side with our enemies. As always, I want to share my admiration and appreciation for the services, their work and all their efforts that so often go unseen, although the impact does not go unnoticed. I hope that right hon. and hon. Members will support the Government’s changes, and our opposition to the amendments relating to the ISC and political party donations.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

--- Later in debate ---

[Sir Julian Lewis]

I am very grateful for the hon. Gentleman’s support and I take this opportunity to pay tribute to both him and his predecessor for making an extremely valuable and valued contribution to the Committee. We draw such authority as we have from the fact that party politics does not enter into our work. I think I heard the Security Minister say that he accepted that the MOU needs to be updated—

[Tom Tugendhat]

indicated assent.

[Sir Julian Lewis]

I see that he is nodding. Should he wish to elaborate on that a little more, that would be even more welcome.

--- Later in debate ---

[Sir Chris Bryant]

I start where my right hon. Friend the Member for Hayes and Harlington (John McDonnell) finished. I am completely perplexed about why the Minister is holding out against Lords amendment 22, not least because he told Insider last year that it was “perfectly legitimate” to criticise political parties for accepting donations “that are not clear”. He made it absolutely clear at the time that he supported the idea of legislation to require political parties to be clear about where their funding was coming from. To be fair to him, that was obviously not when he was a Government Minister, and he has now fallen among thieves. I preferred the old version of the Minister, and I hope that, in our discussions over the next few minutes, we can manage to persuade him to return to proper form.

The pedigree for Lords amendment 22 is phenomenally strong, as has been said. Not only have Lord Carlile and Lord Evans—the chair of the Committee on Standards in Public Life and a former head of MI5—called directly for such provisions, but as I understand from her comments, Baroness Manningham-Buller also supported Lords amendment 22, as did Lord West, all the members of the ISC, Spotlight on Corruption, the Committee on Standards in Public Life, and, of course, the Electoral Commission.

The Electoral Commission wrote directly to the Minister last year to say that it would surely be wrong not to change the law so that political parties can accept donations from companies that have made enough money in the UK to fund the amount of their donation. One would think that that stands to reason. One would also think that it stands to reason, as the commission also argued, that political parties should be required to check not just whether someone is a permissible donor in the sense of being on the electoral register, but whether they have enough money of their own to be able to fund the political party to the extent proposed. That is just due diligence, but there are phenomenal loopholes in the law.

The Minister is normally a very polite and generous man, but I understand that he has still not replied to the Electoral Commission on this matter, and the commission has complained about this. In this area, as he knows perfectly well from our work on the Foreign Affairs Committee, complacency serves us ill. One need only look at the sad trajectory of the tier 1 visa system—the golden visa. When the report was finally produced it showed that we had given visas to live in the UK and make their permanent residence here to people we ended up sanctioning because they were so closely related to the Putin regime. The 2020 Russia report from the ISC—it should have been the 2019 Russia report, but the then Prime Minister did not allow it to be published before the general election—made it very clear that Russia and perhaps other state actors had been intent on affecting elections and referendums in this country, and urged us not to be complacent.

There are authoritarian state actors who wish us ill. They rely on the openness of our political system, on our open system of governance in the City, on the fact that contracts can be enforced, and on our open judicial system. They rely on all of that and, I would argue, on our complacency to be able to do their nefarious work in the UK. There is a flaw in the Political Parties, Elections and Referendums Act 2000: the concept of “permissible donor” is too tightly drawn. Surely any political party and any person trying to secure donations from a third party would want to ensure that the money they received was not tainted by human rights abuses in another country, by authoritarian acts from another country or, frankly, by malign influence by a third party state actor.

The position is made worse by the Elections Act 2022 adding to the registers 3.5 million overseas voters who pay, or who may pay, no tax in the UK, and who may have next to no relationship with the authorities in this country—it is necessarily very difficult to track that information down. What should a party do if it is offered a donation of, let us say, £50,000 by somebody who lives and works in Moscow today? The law says the party need not do anything, as long as the individual is on the electoral register. Surely, though, we do not think that that is right or appropriate. I want further checks to be in place. The provisions in the amendment are so minimal—absolutely the minimum that we have to do to make sure that political parties in this country do the basics.

I said there is a flaw—perhaps a fissure—in PPERA, but I am starting to worry that the Government want that loophole to exist. If they do not, I simply do not understand why the Minister is holding out on this point. I hope the Minister will change his mind on this minimal requirement and support Lords amendment 22. If we end up voting it down, I hope their lordships will throw it back to us. For more than a decade now, we have left the door wide open to political interference in our system in this country. It is time we slammed it shut.

[Tom Tugendhat]

First, I thank the hon. Member for Halifax (Holly Lynch) for the contribution she made and the spirit in which she has approached these debates. She is absolutely right to talk about Caoilfhionn Gallagher and Jimmy Lai and to highlight the many issues that she did. Such matters unite us; another is the fact that this Government, like every Member of this House, I am sure, remain absolutely committed to the UN convention against torture and other cruel, inhuman or degrading treatment or punishment. There is absolutely nothing in this Bill, or in any other Bill that this Government are bringing forward, that would in any way undermine our obligations or the seriousness with which we treat torture as it is practised, sadly too frequently, around the world. Although I hear what the right hon. Member for Orkney and Shetland (Mr Carmichael), my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and the hon. and gallant Member for Barnsley Central (Dan Jarvis) say, there is quite literally nothing in the Bill that would give rise to the need for amendment (c) to Lords amendment.

The point made by the right hon. Member for Orkney and Shetland about Lord Pannick, however, was entirely fair. A letter should have gone back to him. In fact, the point was made and the answer given in the form of amendments to clause 3 that address his concern about the carve-out for lawyers. Although I agree that I should have written, the reality is that I addressed the points Lord Pannick raised in the Bill itself.

The matter of foreign donations has been raised again. The reality is that we have to treat British citizens like British citizens. The idea that we can treat British citizens differently depending on how we feel about them seems to me to be rather a bad way of making law, but that does not mean that political parties have to treat British citizens exactly alike. Surely the rule here is: just because you can does not mean you should. There are many donations, and perhaps many individuals making them, that many of us would not wish to accept. The point about politics is that it is about decisions, judgment and choices, and while the law has to apply to everyone equally, we as politicians and as political parties are not so obliged. We have to make judgments and decisions, and we have to carry our reputations and the reputations of our organisations with us when we make those calls.

On the changes to the MOU that the ISC suggested, my right hon. Friend the Member for New Forest East (Sir Julian Lewis) had the opportunity to give me the power to make those changes, but I am not the Prime Minister, so I cannot do so. The Prime Minister will have to make that decision, but I will raise the matter again with his office, because my right hon. Friend’s points were well made.

I have heard many comments about the Official Secrets Act 1989. The nature of this reform is complex and there are many and various arguments because this piece of legislation ties into so many others. I will not give my right hon. Friend the Member for Beckenham (Bob Stewart) a commitment to act in this Parliament—he will understand that more work is required. As for my ability to make commitments into the next Session, he tempts me too far.

I am glad to hear that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) has achieved the great honour of being treasurer of the Scottish National party. I hope it comes with a caravan and that he is enjoying the touring that that affords him.

My right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) raises many good points. The reality is that these challenges must be addressed as a whole and require further discussion, so I am very grateful for his time.

[Bob Stewart]

I accept the Minister’s points on the Official Secrets Act 1989 and the fact that it is complicated, but do the Government recognise that, complicated though it is, it must be addressed?

[Tom Tugendhat]

My right hon. Friend tempts me in a direction I would love to go in, but in the minutes I have left, I shall not be lured. An awful lot of legislation would require work if we were to amend the Act, so a huge amount of drafting work would be required before I could express an opinion. I see other right hon. and hon. Members nodding in agreement.

The hon. Member for Rhondda (Sir Chris Bryant) made a fair point on the Electoral Commission. I shall follow up with the Department for Levelling Up, Housing and Communities, which is responsible for electoral law and which will be responding to the commission on that issue.

If I may, I will finish by simply saying that tomorrow is polling day, and while this Bill addresses many different aspects of our national security, the single best thing that all of us as citizens can do to defend our country and our future is to vote. As such, I urge everybody who has the opportunity to do so—in England and Wales, in our local government areas—to please get out and vote, and of course, to vote Conservative.

Amendment (a) made to Lords amendment 26.

Amendment (c) proposed to Lords amendment 26.—(Mr Carmichael.)

Question put, That the amendment be made.

Points of Order

Tom Tugendhat Excerpts

Wednesday 3rd May 2023 Commons Chamber

[Mr Speaker]

I think that I have already answered that, but actually we have got a Minister who is itching to respond.

[The Minister for Security (Tom Tugendhat)]

Further to that point of order, Mr Speaker. Thank you very much for allowing me to correct the record. The fact is, we were not counting fraud in 2010 when we took over the Government, so it is difficult to draw comparisons from before. What we have seen since, though, is a record number of police officers who are solving crimes. We have seen car crime down 22% since 2019, and neighbourhood crime and community crime down 50%. This is a success for the Government.

[Mr Speaker]

What I would say is, if research is going to take place, we ought to try to get the figures out correctly in the first place. Let us come to a more sedate moment and the ten-minute rule Bill.

Draft Terrorism (Protection of Premises) Bill

Tom Tugendhat Excerpts

Tuesday 2nd May 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

Today, I am pleased to announce the publication of the draft Terrorism (Protection of Premises) Bill, also known as Martyn’s law, for pre-legislative scrutiny by the Home Affairs Committee. The draft Bill (CP 840) has been laid before the House and is also available on www.gov.uk.

The Government confirmed their intention to bring forward Martyn’s law in December 2022. Since this announcement, officials have been working at pace to finalise the proposals.

The plans have been developed following extensive engagement with security partners, business and victims’ groups, including Figen Murray and the Martyn’s Law Campaign Team. The Government would particularly like to thank Figen Murray, whose son Martyn Hett was killed in the Manchester Arena attack, for the significant contribution she has made through her tireless campaign to introduce the Bill.

The threat from terrorism is evolving and enduring. One of the most significant long-term trends, irrespective of ideology, is individuals—or small groups—who plan or carry out terrorist attacks without being part of an organised terrorist group. This type of terrorism is not new, but it is now the most prevalent, and it presents unique challenges for our counter-terrorism response.



Attacks have tended to be “low-complexity” involving “low-sophistication” attack methodologies. For example, we have seen attacks that utilised knives and vehicles. Individuals may not have any relationship with or direction from established terrorist groups—but just because an attack is low-sophistication, it does not mean it is less deadly.

This trend is not exclusive, as such individuals are capable of higher-complexity attacks involving more sophisticated attack methodologies, such as the 2017 Manchester Arena bombing. This trend of radicalised self-initiated actors makes identification and disruption difficult, and it becomes increasingly challenging to predict threat at specific locations.

This is why it is right that Martyn’s law should seek to improve protective security and organisational preparedness at a wide range of public premises across the UK. Those responsible for certain public premises will be required to consider the threat from terrorism and implement reasonably practicable and proportionate mitigating measures. It will also establish an associated inspection and enforcement regime, which will seek to educate, advise, and ensure compliance with the requirements of the Bill.

The requirements within the Bill will only apply to qualifying premises—in short, qualifying premises have specific uses and a large capacity. Qualifying premises are split into two tiers, the “standard duty” and the “enhanced duty”. Standard duty premises are those with a capacity of 100 to 799 people. Enhanced duty premises are those with a capacity of 800 people or more. The Bill allows for provision to be made for some qualifying premises to be treated as standard duty premises when they would otherwise be enhanced duty premises, and vice versa.

Standard duty requirements have been developed to ensure there is a baseline level of protection and preparedness throughout the UK. These requirements will help keep the public safe, while at the same time not unduly burdening business. The enhanced tier requirements are more extensive because those premises have a responsibility to keep larger numbers of people safe.

The regulator will apply a “reasonably practicable” test to carefully consider what it is reasonable to expect of a specific premise; there will not be a one size fits all approach. In all instances, the Government and the regulator will provide guidance and support to ensure we do everything possible to alleviate the burden on business.

The requirements that apply to enhanced duty premises will also apply to large events held at non-qualifying premises, known as qualifying events. These are public events with a capacity of 800 or over that require express permission for entry—with or without payment.

We recognise that it would not be appropriate for all locations to consider and put in place security measures. Striking the right balance between protecting the public and proportionality has been at the heart of policy development and the Bill.

I am looking forward to working with the Home Affairs Committee to ensure that the legislation is robust and delivers on its core aims ahead of a formal introduction into Parliament.

[HCWS751]

Crypto-assets: Codes of Practice Consultation

Tom Tugendhat Excerpts

Tuesday 28th March 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

The Proceeds of Crime Act (POCA) 2002 contains a comprehensive package of measures designed to make the recovery of unlawfully held assets more effective. The operation of certain powers within POCA are subject to guidance in various codes of practice issued by the Home Secretary, the Attorney General and the Advocate General for Northern Ireland, the Department of Justice Northern Ireland and Scottish Ministers.

Three existing codes of practice need to be updated and one new code of practice made, to reflect possible changes made to POCA by the Economic Crime and Corporate Transparency (ECCT) Bill, which subject to being passed by Parliament and receiving Royal Assent will amend and insert new civil forfeiture powers into POCA, to increase the recovery of crypto-assets.

It is intended that the new civil forfeiture crypto-asset powers will be replicated in schedule 1 to the Anti-Terrorism Crime and Security Act 2001 (ATCSA) and Schedule 6 to the Terrorism Act 2000 (TACT). The equivalent code of practice also needs to be updated.

POCA and TACT provide that before a code of practice is issued, I must consider any representations made, modify the codes as appropriate, and subsequently lay the codes before Parliament for approval.

I intend to consult on changes to the following codes of practice:

Code of practice issued under section 47S of the Proceeds of Crime Act 2002—Search, Seizure and Detention of Property (England and Wales).

Code of practice issued under section 195S of the Proceeds of Crime Act 2002—Search, Seizure and Detention of Property (Northern Ireland).

Code of practice issued under the proposed section 303Z25 of the Proceeds of Crime Act 2002 (as inserted by schedule 7 to the ECCT Bill) - Recovery of Crypto-assets and Related Items: Search Powers (NEW CODE).

Code of practice issued under section 377 of the Proceeds of Crime Act 2002—Investigations.

Code of practice for officers acting under schedule 1 to the Anti-Terrorism, Crime and

Security Act 2001—amended through powers under Schedule 14 to TACT.

In tandem the Attorney General’s Office will also launch a consultation on its equivalent code of practice.

I will arrange for a copy of the consultation document and the five draft codes to be placed in the Libraries of both Houses.

Following this consultation, I intend to lay a statutory instrument to issue these updated codes of practice under the Proceeds of Crime Act 2002 (POCA) to reflect changes as a result of both the Economic Crime, Transparency and Enforcement Act, and the Economic Crime and Corporate Transparency Bill.

[HCWS682]

Pro-Innovation Regulation of Technologies Review and the Computer Misuse Act 1990

Tom Tugendhat Excerpts

Tuesday 28th March 2023 Commons Chamber

[The Minister for Security (Tom Tugendhat)]

I thank my hon. Friend the Member for Bridgend (Dr Wallis) for securing this debate and for his continued interest in this issue. This is not the first time he has raised it with me—in fact, the first time he raised it with me was many years ago—but it is perhaps the first time that I may be able to assist.

In my role as Security Minister, I see evidence every day of the scale of the threat from cyber-crime that affects our citizens, businesses and Government services. There were an estimated 690,000 incidents of computer misuse in England and Wales in the year to September 2022, of which 577,000 were related to unauthorised access to personal information. I have seen the effects of criminals targeting businesses and individuals online—the businesses that suffer financial losses because of ransomware attack and their inability to carry on their businesses, and the individuals who lose personal information, including highly personal information, and can suffer harassment and blackmail because of it.

It is because of such criminal activity that protecting the country in cyber-space is such a key priority for the Government. It is essential that we ensure the UK has the powers and legislation to allow our law enforcement agencies to take action to tackle this threat. The Computer Misuse Act dates from 1990, before almost anybody had an email address—certainly before I did. Today, we could not only research the law online, but one of the large language model artificial intelligences we now see frequently used online could actually draft large parts of it too.

That is why this Government have launched a call for information, asking for different views on whether the 1990 Act and the powers used by law enforcement agencies to investigate the offences in that Act need to be enhanced.

In February, we launched a consultation in which we set out proposals for new powers for law enforcement agencies to improve their ability to take action to tackle crime online. Those proposals include a power to allow law enforcement agencies to take control of domains and internet protocol addresses to help tackle a wide range of offences, including fraud; a power to require the preservation of computer data; and a power to take action against a person possessing or using data obtained by another person through a CMA offence. In the consultation, we committed to further considering the question raised by my hon. Friend of whether the Act needs to be amended to provide defences to CMA offences.

As the Government set out in our response to the pro-innovation regulation of technologies review by Sir Patrick Vallance, the Home Office is taking forward work to consider the merits and risks of introducing changes to the Act in relation to the defences. That is a complex issue that requires significant further discussion with a wide range of stakeholders. The Computer Misuse Act is based fundamentally on the principle that the owner of the system is responsible for the operation of the system and its data, and bears the cost in securing it. It is right that they have the protection of the law from those who obtain or attempt to obtain unauthorised access to computers and their data.

It is important that we consult those who actually own the systems for their views on that. In particular, we need to ensure that any changes that we make to the Act support the continued improvement to the UK’s cyber-security while ensuring that system owners continue to have the right to determine who may access their systems and data. That in itself feeds into the growth agenda. System owners need to know that the Government take unauthorised access to their systems seriously and will support them in tackling those who attempt to commit such offences.

Let me clear about some of the issues that we need to address in relation to introducing defences. The proposals would potentially allow a defence for the unauthorised access by a person to another person’s property—in this case, their computer systems and data—without their knowledge or consent. We will therefore need to define what constitutes legitimate cyber-security activity, where a defence might be applicable and under what circumstances, and how such unauthorised access can be kept to a minimum.

We will also need to consider who should be allowed to undertake such activity, what professional standards they will need to comply with, and what reporting or oversight will be needed. Of course, we must make no changes that would prevent law enforcement agencies from investigating, prosecuting and pursuing those who commit cyber-crimes. I am sure Members would agree that, in the light of those issues, any changes must be considered very carefully indeed.

As we set out in the consultation, we have committed to working with law enforcement agencies, prosecutors, the cyber-security industry and system owners to consider proposals and reach a consensus on the best way forward. That work is under way, and the Government would welcome any contributions from those with an interest in this area.

Question put and agreed to.

Terrorism Prevention and Investigation Measures: 1 December 2022 to 28 February 2023

Tom Tugendhat Excerpts

Monday 27th March 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

Section 19(1) of the Terrorism Prevention and Investigation Measures (TPIM) Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of their TPIM powers under the Act during that period.

The level of information provided will always be subject to slight variations based on operational advice.

Oral Answers to Questions

Tom Tugendhat Excerpts

Monday 20th March 2023 Commons Chamber

[Simon Fell (Barrow and Furness) (Con)]

4. When her Department plans to publish its fraud strategy.

[The Minister for Security (Tom Tugendhat)]

The fraud strategy will be published very shortly, and it will set out how the Government will work with industry to remove the vulnerabilities that fraudsters exploit.

[Simon Fell]

Over 70% of scams originate online, showing that tech and social media companies are not only significant to enabling fraud but key to preventing it. Given that tech and social media companies are currently driving the problem, will my right hon. Friend compel their sector to be part of the solution by going after frauds and fraudsters on their own platforms, as well as upping all our defences in the upcoming national fraud strategy?

[Tom Tugendhat]

I know that my hon. Friend is well versed in this subject. I read the article that he and my hon. Friend the Member for Cheadle (Mary Robinson) recently wrote. It is a very good piece, which I recommend to the House. The article referred to the increase in scam adverts on social media, and I agree with him that social media companies must take greater responsibility for the safety of their users online by stopping more of these frauds at source. The Online Safety Bill is a welcome first step towards that goal, but it is right that we continue to consider what more can be done.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Fraud now accounts for nearly half of all crimes, yet very few of those crimes are investigated and only 0.1% of them go to court. While it is welcome that we will eventually get this fraud strategy, what more are the Government doing to ensure that the police have the resources and expertise to tackle crimes of fraud and that the criminal justice system speeds up so that many more such cases get not only investigated but heard in court?

[Tom Tugendhat]

The hon. Member makes the case for me, and I am grateful to him for doing so. The reality is that we are seeing an explosion of fraud, not just in this country but around the world, and we have to deal with it. That is why bringing together the intelligence resources, the policing elements and the will is so important. I was in Manchester on Thursday where I met the chief constable and others who are doing so much to tackle fraud, not just connected to the garment industry where I was on Cheetham Hill, but linked to human trafficking and, sadly, to state threats and even terrorist financing.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

5. What recent assessment she has made of the compatibility of the Illegal Migration Bill with the refugee convention.

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[Alicia Kearns (Rutland and Melton) (Con)]

12. What steps her Department is taking to close facilities used by the Islamic Revolutionary Guard Corps in the UK.

[The Minister for Security (Tom Tugendhat)]

As I outlined in my statement to the House on 20 February, we are taking increasing steps to address the threat from Iran—but, I should make clear, not to address the welcome we extend towards the Iranian people. Today of all days, we should say, “Nowruz etan Pyrouz.”

[Alicia Kearns]

There are three—if not seven—cut-outs of the Islamic Revolutionary Guard Corps operating here in the UK, silencing critics of the ayatollah, inciting hate, celebrating terrorists and recruiting for a terrorist state. The Government know that this House wants the IRGC proscribed, but in the immediate term, will they please protect us from transnational repression by shutting down these cut-outs of the Iranian state? I also ask the Home Secretary or the Security Minister to meet Vahid Beheshti, who is on day 26 of a hunger strike outside the Foreign Office because he wants the IRGC proscribed. I am seriously concerned about his health, and it would help if the Government were to meet him.

[Tom Tugendhat]

I would be very happy to meet him and, indeed, anybody else who takes the threat of the IRGC in this country as seriously as we do. We have had this work ongoing for a number of months now, and my hon. Friend will be aware that asking for actions to be taken means we must be legally compliant with the responses. That is where we are getting to; we are increasingly at the point where we are taking more and more action against the IRGC. So may I say, in the words of Omar Khayyam, in his poem for new year:

“No words about last winter can bring cheer;

don’t speak of yesterday—rejoice today.”?

[Jim Shannon (Strangford) (DUP)]

I thank the Minister very much for that. The Islamic Revolutionary Guard Corps is involved in all sorts of unspeakable activities in Iran—abuse of people, persecution of Christians and other ethnic minorities, and attacks on women—but here in the United Kingdom it is also involved in subversive activities through the buildings it has. I think that everybody in this House wants to see it proscribed, so can the Minister give us some indication of when that will happen?

[Tom Tugendhat]

The hon. Gentleman knows very well, sadly, that we cannot discuss individual proscriptions, so I will not go down that route. However, he has been a voice for freedom of religion and belief in this country and around the world for many years. He will be aware of the brutality not only against women and the LGBT community in Iran, but against people of faith, Baha’i, Jews and Christians, who have seen their lives destroyed by an extraordinarily brutal regime. This Thursday is the beginning of Ramadan, and I am sure everybody in this House wishes every Muslim in our community Ramadan kareem and the blessings of the season. The reality is that this is a time for communities to come together, yet in Tehran it is time for the regime to ignore the Islamic faith and to tear people apart.

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[Christian Wakeford (Bury South) (Lab)]

T3.   Reports in today’s edition of The Times about the extreme activities of those promoted by the Islamic Centre of England, a UK-registered charity funded by the Iranian authorities and under the direction of the UK representative of the Iranian supreme leader, are just the latest evidence of the threat that Iran poses in the UK. The Security Minister has already told the House about the very real threat that Iran has made to UK-based individuals, including the Jewish community. Does the Minister agree that it is finally the time to proscribe the Islamic Revolutionary Guard Corps?

[The Minister for Security (Tom Tugendhat)]

The hon. Member will well know that the work we have been doing against the Iranian threat in the United Kingdom has not diminished—in fact, it has increased in recent months. He is right to talk about cultural centres. Sadly, the Islamic Centre of England is not alone. Indeed, the work of the IRGC is not limited to those Iranian proxy organisations. We have to ensure that we have the resources and the attitude, and that is exactly what this Government are pulling together and exactly what we are deploying against this vile threat that has taken over a country and is now threatening ours.

[Andrew Lewer (Northampton South) (Con)]

T5. What guidance is the Department planning to issue on policing the provisions of the Public Order Bill, especially relating to preventing people from being arrested in a public place for what they are thinking about or for silent prayer?

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[Tom Tugendhat]

My right hon. Friend is absolutely right. What we have seen from the Iranian regime, sadly, is that overlap of crime, state threats and the use of terrorism to threaten the British people and our allies around the world. This Government will absolutely not allow those to flourish, and will stand extremely firmly against any such threats in this country.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Indecent exposure and non-contact sexual offending can be gateway offences to very much more serious offending against women and girls, as in the cases of Libby Squire in Hull and of Wayne Couzens, as we heard in his sentencing last week. When are the Government going to act on these early warning signs?

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[Simon Lightwood (Wakefield) (Lab/Co-op)]

Far-right Islamophobic Danish politician Rasmus Paludan has said he is going to travel from Denmark to Wakefield for the sole purpose of burning a Koran in a public place. Mr Paludan was previously jailed in Denmark for his hateful and racist statements. He is a dangerous man who should not be allowed into this country. Can the Home Secretary assure me and my community that the Government are taking action to prevent this?

[Tom Tugendhat]

I inform the House that Mr Paludan has been added to the warnings index. Therefore, his travel to the United Kingdom would not be conducive to the public good, and he will not be allowed access.

[Several hon. Members rose—]

Security Threat to UK-Based Journalists

Tom Tugendhat Excerpts

Monday 20th February 2023 Commons Chamber

[The Minister for Security (Tom Tugendhat)]

I want to update the House on steps that the Home Secretary and I have been taking to address the concerning activities of the Iranian regime and its operatives in the United Kingdom.

The United Kingdom is committed to defending our freedoms—values that define us and make us who we are—and none is more fundamental than freedom of the press. The Iranian regime’s violent oppression of its own citizens and repeated violations of human rights have shown us who the supreme leader and his enforcers really are. It has murdered its own people and made hostages of others, and the protests that began in September 2022 show that it does not have the support of the Iranian people.

In recent months, the Iranian regime has publicly called for the capture or killing of those holding it to account. That includes very real and specific threats towards UK-based journalists working for Iran International, a prominent Persian-language news channel, and their families. The Home Secretary and I absolutely condemn this outrageous violation of our sovereignty and the attempted violation of the human rights of those journalists. In response, we have put in place an extremely robust range of security measures, including armed policing. However, because of the severity of the threat and the particularities of the site, counter-terrorism policing have advised Iran International to move to a more secure location in the United Kingdom. Until its studio is ready, it has chosen to continue its broadcasting from existing studios in the United States—I assure the House that this measure will be temporary. Until then, I have asked officials to help find a temporary location for Iran International’s UK operations, and we will make sure that its permanent new studio in the United Kingdom is secure. I spoke to counter-terrorism policing this morning to confirm that.

Let me be clear: freedom of the press is at the heart of our freedoms. Tehran’s efforts to silence Iran International are a direct attack on our freedoms, and an attempt to undermine our sovereignty. They will fail. Democracy is as much about journalists and civic activists as it is about politicians. The media must be free to work without fear, which is why this Government have already set up the Defending Democracy Taskforce, and why we will be taking further action in response to these threats. I am not alone in saying this: earlier this afternoon, I spoke to my counterparts in France, Germany and the United States. They all agreed, and spoke of incidents that have targeted individuals in their own countries. When I spoke to Iran International over the weekend, it praised our police; it is right to do so, because only last week, the vigilance of our officers resulted in an individual being charged with a terrorism offence after being arrested near the broadcaster’s office.

None the less, this is clearly an appalling situation. The Government, police, agencies and our allies are working together to ensure that Iran International’s operations will resume, and these threats will not silence us, nor them. I know that this House will wish to express its support for that principle too.

As of last week, we had responded to 15 credible threats to kill or kidnap British or UK-based individuals by the Iranian regime since the start of 2022. Between 2020 and 2022, Iran tried to collect intelligence on UK-based Israeli and Jewish individuals. We believe this information was a preparation for future lethal operations. In 2021, UK police asked partners to share information on Iran-based Mohammed Mehdi Mozayyani, a member of the Islamic Revolutionary Guard Corps who worked to conduct a lethal operation against Iranian dissidents here in the United Kingdom. We know that the Iranian intelligence services work with organised criminal gangs, and I can assure the House and the public that we will go after anyone working with them.

Our partners in Europe and the United States face similar threats, and we are working together to keep our people safe. My call this afternoon with other allies was about co-ordinating action that we will take to protect ourselves and ensure a unified response to these threats. We are strongest when we work with our allies around the world, and the Iranian regime should be in no doubt that we are absolutely united.

Let me be clear that this is a persistent threat. It is not carried out by rogue elements, but is a conscious strategy of the Iranian regime. Our Government will act. My right hon. Friend the Foreign Secretary has already summoned the Iranian chargé d’affaires, and we will be looking at further sanctions on those linked to the Iranian regime. We already have around 300 sanctions in place against Iran, including of the Islamic Revolutionary Guard Corps in its entirety.

Today, alongside international partners, eight further individuals were sanctioned, but our response will not end there. Today I have instructed the Home Office to lead work on countering Iranian state threats, making use of the full breadth and expertise of the Government and our extraordinary and courageous police, security and intelligence agencies. We will target the full spectrum of threats we see coming from Tehran. I will be asking our security agencies to explore what more we can do with our allies to tackle threats of violence, but we will also address the wider threat to economic security from illicit finance and the threat from malign interference in our democratic society.

At home, the Charity Commission will soon report on its statutory inquiry into the Islamic Centre of England, which is accused of having links to the Iranian regime. We must ensure that our police and intelligence agencies have the power to crack down on state threats such as those from Iran, which is why urge the House to back the National Security Bill, which is going through Parliament at the moment.

The relationship we have with Iran is not the one we want; it is not the one we chose. We have a deep respect for Iran’s rich history and for the Iranian people. From the “Shahnameh” to the works of Saadi, the wealth of the nation has been in the words of her people. They taught ethics and governance and the importance of law, but today the tyrants in Tehran have betrayed those great pillars of Persian civilisation and are trying to silence those words and their own people, but they will not be silenced. To the brave Iranian journalists and community here in the United Kingdom, I say that this country, this Government and this whole House stands in solidarity with you against the oppression that you face. Mr Deputy Speaker, let me directly address the Iranian regime, which is responsible for these heinous crimes. We will hold you to account for your blatant violation of our laws and values. We will expose your crimes against the British people and against the Iranian people. We will expose your actions around the world. We will work with our allies to hold you to account, personally. We will act to keep our country safe. I commend this statement to the House.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the shadow Minister.

[Holly Lynch (Halifax) (Lab)]

I am grateful to the Minister for advance sight of his statement. As he has already said, press freedom is fundamental to any liberal democracy, and it is a right that we are all committed to defending across this House. We should all be appalled that Iran International has felt the need to close its office here in the UK following police advice after a series of threats made against its brave journalists.

The UK has a proud history of supporting those who speak truth to power. Since 2017, Iran International has operated successfully here in the UK. In recent weeks, it has shone a spotlight on the Iranian regime’s violent repression of those protesting the death of 22-year-old Mahsa Amini and of those taking to the streets calling for civil liberties to be upheld. For that, they have been targeted by the regime, and, unbelievably, deemed to be a threat to Iran’s national security, with threats that agents of the organisation would be pursued.

As the Minister knows, in November’s annual threat assessment, the director general of MI5, Ken McCallum, stated that Iran had sought to murder or kidnap individuals in the UK on at least 10 occasions. Just this week, the head of Counter Terrorism Policing in the UK stated that there had been five more plots since then, saying that they had disrupted

“15 plots since the start of 2022 to either kidnap or even kill British or UK-based individuals perceived as enemies of the regime.”

I know that across this House we are united in our outrage that any foreign Government would think that they could conduct activity in this way within the borders of another country. As a democracy, we have to send the strongest possible message that we, our policing and security services, and the British public, will not tolerate it. I have met with representatives from Iran International. As the Minister said, they have spoken highly of UK counter-terrorism policing and our security services. I want to put my thanks to them on the record for the work that they undertake every day.

However, I have asked the Government five times in this Chamber since October why we are not going further to deploy sanctions and proscription powers against those acting on behalf of Iran. In response to my question at the last Home Office questions earlier this month, the Minister spoke of his desire to see the Islamic Revolutionary Guard Corps proscribed, so why are they not, either through the use of existing terrorism powers or new state threats equivalent powers? He has not mentioned it at all in his statement today. That means the IRGC are still free to organise and establish support here in the UK. We have to put a stop to that.

There are people appointed to posts here in the UK who are representatives of the supreme leader himself. Why are they still here? The Minister talked of instructing his Department today to lead work. Although the threat from Iran has escalated, it has not come from out of the blue. Why have we found ourselves ill-prepared to respond to the threat? The United States proscribed the IRGC as a terrorist organisation in 2019. Activity from Iran has been a feature of the annual threat assessment for some years. There were warnings in the 2021 integrated review, as well as in the Intelligence and Security Committee report of March 2022, which said:

“There also exists a continuing threat of state-sponsored assassination, attacks and abductions of those perceived as dissidents.”

Again, in November of last year, we had the starkest warnings from the director general of MI5. The ISC’s annual report published last year said:

“In November 2021, the Committee announced that it will be undertaking an Inquiry into national security issues relating to Iran.”

I understand that the ISC still has not been able to progress that report, and so I would welcome an explanation from the Minister as to why requested information has not been forthcoming to Parliament’s Intelligence and Security Committee, with an assurance that it is being addressed as a priority.

The UK must always be a safe place for journalists to speak truth to power. The rest of the world is watching. We cannot ever allow authoritarian tyranny to be exported to the UK and conducted on behalf of other hostile states within our borders. I ask the Minister: when will we see the sanctions? Can he provide us with a timeline? He has talked about co-ordinated responses, but those can be slow. When will we see proscription? We have to get this done. We are looking to table amendments to the National Security Bill; will the Minister support them? We very much stand ready to work with the Government in making this happen.

[Tom Tugendhat]

I thank the hon. Lady for her comments. She is absolutely right to press me on those issues, because it is absolutely true that this has been ongoing. She is also aware that proscription is a legal instrument, and that therefore there is a natural element of discussion. We do not comment on whether we are going to proscribe; we wait until we have the actions ready to do it. She will understand that we will wait until we have full advice.

What we need to be doing is exactly what we are doing, which is sanctioning individuals. I announced eight further sanctions today. We have spoken about various different actions we have taken, and I am grateful that the hon. Member has quite rightly praised the work of the police and the intelligence services, which have done a phenomenal job in keeping us safe. I am afraid that it is not true to say that nothing has happened since the IR. Since then, MI5, Counter Terrorism Policing and many other agencies of the state have been working tirelessly to keep this country safe, and to defend our values and freedoms.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the chair of the Intelligence and Security Committee.

[Sir Julian Lewis (New Forest East) (Con)]

I can confirm what is in the public domain, which is that the committee is undertaking a study of Iran and its security implications, and I will just say that I am cautiously optimistic that various causes of delay in the supply of evidence and the progress of that work are within sight of being overcome.

I would like to add my congratulations to the police and security authorities on the announced foiling of 15 credible threats. What I would like to know, without any prejudice to our future inquiries, is whether the Minister is in a position to tell us anything about the origins of the people making those 15 threats. Were they home-grown, or were they people who had come here from Iran? He does hint at the involvement of criminal gangs, which suggests a franchise. How are people able, in this country, to pose such threats? They know who they are, so it should not be difficult for him, either now or in a subsequent announcement, to give an analysis to this House.

[Tom Tugendhat]

I hope my right hon. Friend will invite me to his committee, where I will be able to answer these questions more fully. He will understand that I cannot address them on the Floor of the House. His reading of the question, however, is interesting and, as usual, very well informed.

[Mr Deputy Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

I thank the Minister for his statement and for advance sight of it, as well as for the way in which he has approached this very serious issue this afternoon.

We in the SNP are alarmed and deeply disturbed by the serious threats to UK-based journalists by the Iranian regime, and we condemn in the strongest possible terms the horrifying threats to journalists, their family members and all others involved. We owe a great debt of gratitude to the brave independent Iranian journalists, particularly those from Iran International, who have shone a light on the recent protest movements and shown the world the continuous and shocking human rights abuses by the Iranian security forces and the Iranian regime. We commend their courage in continuing to do so in the face of threats that have come in a place where they should expect to feel safe.

It is very welcome that the Minister is talking about more sanctions today, and I appreciate what he said about not announcing the proscription of organisations such as the IRGC on the Floor of the House, but I would strongly urge him to consider doing so and to consider doing so quickly. This is the source of great uncertainty and great fear for many Iranians who are living in the UK, including those who have come to visit my surgeries, and he may remember that I raised the case of a constituent a few weeks ago. Those Iranians I have spoken to in Glasgow are scared. They do not know where they are safe, and that should not be the situation for anybody who has come to live in these islands. They should be able to go about their lives in Glasgow or anywhere else without fearing who might be coming to get them, and without having to look over their shoulder whether out in the streets or even in universities, where they do not feel as though they can be quite as safe as they should be.

Could I also ask the Minister what approach he is taking with colleagues in the Home Office to the issuing of visas for those who fear that if they return to Iran they will be persecuted, for those—perhaps if they are on a student visa that may run out—who are in limbo at the moment and are not certain as to what their future will be, and for visitors? What is the further approach to those who may actually pose a risk to people in the UK in getting visas for here?

[Tom Tugendhat]

I thank the hon. Member for the tone in which she has approached this. She is absolutely right, of course, that anybody in the United Kingdom—whether they are in Gloucester or in Glasgow—should be absolutely as safe as any UK citizen. She is right that, sadly, some are being targeted. While I hear her words on proscription, it is worth noting that the National Security Bill we have brought in does allow us to exercise almost all the powers of proscription against state threats, which will be enormously helpful. I know that she has in the past been very supportive of various elements of that, so I hope we will be able to continue enjoying the support of her and her party.

The hon. Member raises the question of visas, and she is absolutely right to do so. I will not comment on individual cases for obvious reasons, but as she knows, the UK Government and the British people have been exceptionally generous to those in need of sanctuary in the United Kingdom, and I am absolutely certain that that policy will continue.

[Sir John Whittingdale]

My right hon. Friend will be aware that Iran has one of the worst media freedom records in the world. When the Government press the Government of Iran over the outrageous threats made against Iran International, will they also raise the question of the continuing persecution of family members of BBC Persian service staff who are still living in Iran? Does my right hon. Friend also agree that the threats against Iran International in this country are a further demonstration of the need for the cross-Government National Committee for the Safety of Journalists, and will he continue to give that committee every support to ensure that media freedom in the UK is fully protected?

[Tom Tugendhat]

I thank my right hon. Friend for his comments. When he was Secretary of State for Culture, Media and Sport, he was exemplary in supporting media freedom around the world. I completely agree with his comments on BBC Persian, which offers an extraordinary window—not just for the Persian but for the Iranian people—into the truth that is quite rightly highlighted by their broadcasts, and allows those of us who are lucky enough to watch BBC Persian here in the UK to understand what is going on in Tehran and across Iran. I absolutely agree with my right hon. Friend and I give that same commitment.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I thank the Minister for his statement and for his work to ensure that Iran International returns to the UK before too long. Until a few days ago, it was broadcasting from Chiswick business park in my constituency, and I visited last year. It is beyond contemptible that the Iranian Government have attempted to export their crackdown on free speech and the freedom of the press, and to endanger not only the journalists but the other workers in the business park and local people. Iran International and I are hugely grateful for the steps the Metropolitan police have taken to ensure the safety of journalists and the wider public, but what are the Government doing to ensure that journalists in my constituency and across the country are never again forced to leave their workplace to protect the rest of the public?

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[Tom Tugendhat]

May I first pay tribute to the hon. Lady and her constituents for their work supporting Iran International? She will be aware of the site and its peculiarities, and therefore the nature of finding an alternative venue. That is exactly what we and the Metropolitan police are doing to ensure that the interregnum is as short as possible.

It is absolutely clear that we have more to do to protect journalists in this country, which is why the Prime Minister asked me to set up the defending democracy taskforce. The hon. Lady will understand that there has been only a slight moment between the taskforce being established and today, so we will be coming up with further options shortly.

[Mrs Flick Drummond (Meon Valley) (Con)]

I welcome my right hon. Friend’s statement. In a recent Inter-Parliamentary Union meeting, I heard from journalists working with the BBC Persian service that they have also been threatened, as have their families in Iran. This is totally unacceptable, as the freedom of the press is fundamental in this country. Will my right hon. Friend assure the House that he is working closely with our security services to counter the threats and protect these brave journalists and their families in Iran?

[Tom Tugendhat]

My hon. Friend is absolutely right that those in Iran deserve the same protection. It is absolutely wrong to target the families of journalists who happen to be still in that country, and for people to be punished for merely speaking the truth; it is quite a tragic violation not just of international norms, but of the culture that Iran gave us over many thousands of years. The words of Saadi that we are all banī ādam—all sons of Adam—and therefore all have the same rights, are in stark opposition to the actions of the vile regime in Tehran.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

The UK must always act to ensure press freedom and the safety of journalists, who have played a pivotal role in publicising human rights abuses in Iran and across the globe. Our intelligence services do an extraordinary job, but in the light of the Intelligence and Security Committee’s recent complaints about the agencies not meeting their own deadlines, which has delayed the Committee’s inquiry into the security threats posed by Iran, what discussions has the Security Minister had with the heads of MI5, MI6 and GCHQ to ensure that there are no further delays to the Committee’s work?

[Tom Tugendhat]

I spoke to the head of MI5 only this afternoon; I will leave it to my right hon. Friend the Secretary of State for Foreign, Commonwealth and Development Affairs to answer for the other two agencies. It is incredibly important to make sure appropriate information is available quickly and in a timely fashion for the Intelligence and Security Committee, and I know it is conducting a very important inquiry—indeed I believe witnesses will be appearing before it in a week or two.

[Bob Stewart (Beckenham) (Con)]

My right hon. Friend said: “We know that the Iranian intelligence services work with organised criminal gangs.” Mindful of the fact that Colonel Gaddafi’s terrorists used to work quite closely with the Provisional IRA, is my right hon. Friend able to say whether there are indications that such links are happening between Iranian terrorists and home-grown terrorists?

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[Tom Tugendhat]

My right hon. Friend will understand that I would rather answer that question before the Committee on which he sits than comment on the Floor of the House, but he will be aware that there are, very sadly, many different connections between criminal enterprises and terrorist groups and indeed hostile states. That is why countering state threats is about not just defending ourselves against hostile adversaries but ensuring that we are free from fraud and the abuse of crime in our communities.

[Dan Jarvis (Barnsley Central) (Lab)]

I thank the Minister for his statement and completely agree with the sentiments expressed by him and the shadow Minister with regard to the violation of our sovereignty: these are very serious matters indeed. I want to ask about a slightly wider but connected point: I understand that he will be limited in what he can say, but may I seek his assurance that his Department remains hypervigilant with respect to the activities of other states who may also seek to conduct operations against UK-based personnel?

[Tom Tugendhat]

Yes, is the answer. The reality is that state-based threats have increased in the last few years, and we know the obvious sources of such aggression—sadly, they have been written all too large on the global map. However, other states that are not so well-advertised have also been exploiting our freedoms and liberties to further their ends, and we will stop them.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Earlier this month I met with BBC Persian journalists to hear about the challenges they face in reporting on the Iranian regime’s horrific human rights abuses, and around the world journalists are increasingly under threat for seeking to tell the truth and it is shocking that this is now the case in the UK. Is the Minister satisfied that the steps he has outlined today will protect press freedoms so that this situation is not repeated and UK-based journalists such as Iran International are able to operate safely and freely? When does he expect his taskforce to report back on extra security measures to be put in place?

[Tom Tugendhat]

I welcome that question. No, I am not satisfied; the reality is that there is more to do. That is exactly why the Prime Minister asked me to set up the taskforce; the Prime Minister himself is not satisfied. We will be coming forward with a series of options in respect of the integrated review, and from there a decision will have to be taken by the Government, and it will be a wider call. But the hon. Gentleman can be assured that the entire Government—including the Prime Minister and the Home Secretary—are absolutely committed.

[Kim Johnson (Liverpool, Riverside) (Lab)]

I send my solidarity and support to all BBC Persian journalists, who continue to speak truth to power in the face of adversity. The UK must act to ensure the safety of journalists, who have played a vital role in publicising human rights offences in Iran. The National Union of Journalists has called on police and Government to act swiftly and robustly, with assassination attempts and threats against UK-based journalists. What are the Government doing to protect press freedoms?

--- Later in debate ---

[Tom Tugendhat]

The hon. Lady is absolutely right that there is more we can do, and I am very glad the NUJ is supporting this. The NUJ has formerly worked extremely closely with groups like Reporters Without Borders, which has done enormously important work in defending journalism around the world. This Government are absolutely committed not just to supporting journalists here at home, but to making sure journalists can be free around the world, which is why the Government, and in former years the Foreign Office, have supported various different projects for journalistic freedom around the world.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his statement and, as always, for his and our Government’s determination to maintain freedom and protect safety. I would be grateful if he assured us of the Government’s commitment, which I am sure they hold, to supporting a free press in countries where freedom of religion or belief is regularly and violently violated. We are seeing serious repercussions for those who speak out about injustice in countries where freedom of religion or belief is a concern, with Iran being a priority concern. The regime in Iran is violent, brutal, bloodthirsty and guilty of some of the worst crimes in the world. What assessment has the Minister made of the crackdown on media reporting and freedom of religion and belief?

[Tom Tugendhat]

The hon. Gentleman will understand that I answer for the Home Office, not the Foreign Office, so I will not give an assessment of Iran other than to say that that brutal regime has murdered LGBTQ communities. It has murdered Jews. It has murdered Muslims. It has murdered Christians. It has murdered Baha’is. It has murdered, frankly, pretty much anybody it can get its hands on. Tragically, it has conducted a regime of terror against women who refuse to be told what to wear. It is a regime that has violated so many principles not just of international law, as I said, but of Persian culture. It is an absolute abomination and this Government stand in full solidarity with those who are defending their human rights and we absolutely stand for freedom of religion and belief.

[Jeff Smith (Manchester, Withington) (Lab)]

The Minister referred to the Charity Commission’s inquiry into the Islamic Centre of England and its links with the Iranian regime, but he will also be aware of wider concerns about other cultural centres across the UK, including in Manchester, allegedly having links to the regime and allegedly controlled by Khamenei. Would the Government consider a wider investigation of those outposts—those cultural centres—so that we can get to the bottom of this and get to the truth?

[Tom Tugendhat]

The hon. Member will understand that I am not going to list all those that are linked to the Khamenei authority, but he can be assured that the Islamic Centre of England is not the only one that I am aware of.

Computer Misuse Act 1990: Review

Tom Tugendhat Excerpts

Tuesday 7th February 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

The Government are reviewing the Computer Misuse Act 1990 (CMA/the Act) and this statement provides an update on the progress of the review.

It is essential that the UK has the right legislative framework to allow us to tackle the harms posed to our citizens, businesses and Government services online. As part of this, we initiated a review of the CMA, and following a call for information on the CMA, we have been considering the proposals made in response. A number of proposals were put forward, both for changes to the Act itself, and for additional powers to allow law enforcement agencies to more effectively tackle the offences covered by the Act.

We will issue a formal consultation today to seek views on a number of proposals made during the consultation, including:

Considering the development of a new power to allow law enforcement agencies to take control of domains and internet protocol (IP) addresses where these are being used by criminals to support a wide range of criminality, including fraud and CMA offences.

Developing a power to require the preservation of computer data, ahead of its seizure, to prevent it being deleted where it may be needed for an investigation. While requests from law enforcement agencies for preservation are generally met, the UK does not have an explicit power to require such preservation, and having such a power would make the legal position clear.

Considering whether a power to take action against a person possessing or using data obtained by another person through a CMA offence, such as through accessing a computer system to obtain personal data, would be of benefit, subject to appropriate safeguards being in place. Currently, the CMA covers unauthorised access to computer, but the unauthorised taking or copying of data is not covered by the Theft Act so it is difficult to take action in these cases.

In addition, a number of other issues were raised during the call for information, relating to the levels of sentencing, statutory defences to the CMA offences, improvements to the ability to report vulnerabilities, and whether the UK has sufficient legislation to cover extra-territorial threats. As part of our work to improve the cybersecurity of the UK, we will work with a wide range of stakeholders with a policy interest in these areas, to ensure that any proposals that we take forward will deliver enhanced protection of the UK in cyberspace.

A copy of this consultation will be placed in the Libraries of both Houses and published on gov.uk.

[HCWS546]

Terrorism Prevention and Investigation Measures

Tom Tugendhat Excerpts

Monday 6th February 2023 Written Statements

[The Minister for Security (Tom Tugendhat)]

Section 19(1) of the Terrorism Prevention and Investigation Measures (TPIM) Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of her TPIM powers under the Act during that period.

The level of information provided will always be subject to slight variations based on operational advice.