National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Exemptions for Certain Foreign Power Investment Funds, Education, Government Administration and Public Bodies) Regulations 2025 Debate
Full Debate: Read Full DebateViscount Stansgate
Main Page: Viscount Stansgate (Labour - Excepted Hereditary)Department Debates - View all Viscount Stansgate's debates with the Home Office
(2 days, 22 hours ago)
Grand CommitteeMy Lords, I will not detain the Committee for long. I am in favour of the foreign influence registration scheme and I well remember when the Act went through the House in 2023. I support the transparency that my noble friend the Minister talked about, and I hope that this works. I echo what my noble friend said towards the end of his remarks, which is that registration in itself does not mean that someone is doing something wrong, but it will be part and parcel of what we hope will be a successful series of measures in support of the Act.
I will raise a few items in the order in which they are laid before us, which is not quite the order in which my noble friend took us through them. The first relates to the exemptions for certain foreign power investment funds and so on. I understand—my noble friend made this point—that the exemptions are designed to ensure proportionality by reducing the amount of routine activity required. I am all in favour of increasing the transparency of foreign-power influence over UK democracy.
I refer to Regulation 3 which exempts financial arrangements to provide financial support to students in FE and HE. It says and uses the phrase
“where foreign powers give directions to the student or to the education provider”.
I hope my noble friend will not mind if I ask exactly what that phrase means.
The National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Publication) Regulations 2025 are very important. I do not know how big a website we will end up with. Regulation 3 provides a whole series of exemptions. They seem to add up to quite a lot and made me wonder whether we might end up with so much of the information being exempt that it might not yield very much. What is the procedure for the Secretary of State to exercise one or more of these exemptions under Regulation 3 of that SI?
On the regulations on Iran, I entirely understand—and this goes with the regulations on Russia—why Parts 1 and 2 cover the areas of official and government organisations and so on. In relation to the impact on businesses, charities and smaller micro-businesses, which the Explanatory Memorandum acknowledges will be the case, there are figures given about how long it will take to register—it is only £9.67 and so on. The draft impact assessment states that:
“Registrations are likely to be completed by an employee in a Human Resources or legal compliance department”.
Forgive me, but it seems that many micro-businesses do not have human resources or legal service operatives, so can my noble friend tell us whether that might prove to be a problem?
On the last regulations, those in relation to Russia, the Explanatory Memorandum states:
“Without this instrument, it would only be necessary for people acting at the direction of Russia to conduct political influence activity in the UK to register with FIRS”.
That would not be enough. What in these regulations might be helpful in relation to the daily cyberattacks conducted on the UK? We have reason to believe that they emanate from hostile actors that might be based in Russia or acting on behalf of a hostile state.
Finally, this is not in any of the regulations in this group, but I noticed the Secondary Legislation Scrutiny Committee has asked—and I ask now—why, at the moment, has China not been the subject of this SI process? Can the Minister give some idea of the Government’s thinking at the moment about whether China might in future, and, if so, when, come within the purview of the operation of the Act that we are discussing and the regulations that seek to give it effect?
My Lords, I am very grateful to the Minister for bringing these SIs to the Grand Committee. Like my noble friend, I shall speak briefly about one or two points, in my case, specifically about Iran and the provisions that apply to Iran and, more specifically, about the effectiveness of the Islamic Revolutionary Guard Corps, which has developed a notorious reputation over the past 30 or 40 years. It came along with the revolution in 1979 and has established itself as an arm of the Iranian state since then.
I particularly want to talk about Iran for one reason: Iran is probably the only significant world power that is effectively run by clerical fascists. I cannot think of a parallel country. It is a state that uses proxies all over the world. We all know about Hamas and Hezbollah, but there are other proxies, and this has been covered extensively in the mainstream press. The IRGC uses criminal gangs to further its aims in this country and other countries across Europe and the world.
I have two questions for the Minister. Can he confirm that anybody who does not register a relationship with the Iranian state, who fails to register an interest or a connection, will be committing a criminal act and be subject to criminal prosecution? Does that also apply to anybody who has a clear relationship with an IRGC or Iranian state proxy, for instance Hezbollah or Hamas?
Would that also apply to others? For instance, there have been parliamentarians in the past—I hope that there are none now, but there probably are—who have accepted money from PressTV. They will have to register that in the normal way, but do they also have to register it under the provisions of the statutory instruments that we are talking about today?
On the subject of exceptions, in Regulation 6 of the statutory instrument on publication, for example, how is Parliament going to know the extent of the exemptions that have been granted? On the face of it, we will not know.
If my noble friend allows me a moment’s reflection on that detail, I will respond to him with a fuller, meaningful reply. I believe that we are going to be transparent in all of this. The whole purpose of these regulations is to provide transparency and ensure that we tackle national security and give proportionate responses. Colleagues and I will reflect on the point he has made and I will respond to him in detail if I can.