Priti Patel
MP for Witham · Conservative · United Kingdom
“Since the Secretary of State first announced these plans, when she last held this role, the Labour Government have played fast and loose with our local democracy, cancelling elections and creating chaos and uncertainty in our councils as they struggle to deliver key frontline services.”
“The Secretary of State has doubled housing targets for Maldon district, causing it to fall behind on its five-year supply; that is putting green spaces at risk in villages such as Tollesbury.”
“As I said this morning in the urgent question, this despotic terrorist regime, which has been illegally attacking commercial shipping in the strait and our allies, including Bahrain, Kuwait and Oman’s ships and territory, all while repressing its own people in the most brutal ways imaginable, must be made to feel the consequences of its a…”
“By the end of this decade, Britain will be nowhere near the 3% and barely ahead of where we are now, while all our allies continue to surge. I do not need to remind the Foreign Secretary of the numbers, but Germany is set to spend 3.7% of GDP by 2030, while Sweden has pledged to reach 3.5%, as have other countries.”
“Our security allies once looked to the UK to be a reliable and dependable partner, but their confidence is increasingly shaken. How will the Government put that right? This is a time for action, not words.”
“What will be the scale of the deployment? What will it consist of and over what timeframe? How will we reassure our strategic and security partners in the region of our commitment, so that they do not think we have stepped back, particularly given the rising tide of attacks from Iran?”
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“My right hon. Friend is absolutely right. That is why the Bill has been constructed in a sensitive manner with our agencies and partners, based on expertise and insight. This is about how the laws will be applied to individuals in specific cases, so the sensitivities must always be considered. A case-by-case approach is rightly required when it comes to the application of our laws, as well as to law enforcement and how we pursue these matters further. The Bill brings together many measures, but I would like the Chamber to indulge me for a minute—particularly off the back of this weekend—as I pay tribute to our world-class law enforcement and intelligence agencies. We were all touched to see the numbers of people who came to London to see Her Majesty and celebrate the platinum jubilee.”
“The hon. Lady is right that the protection of whistleblowers is vital. I will be frank: we need to find the right measures and means to do that. She has highlighted the current debates and thoughts on the issue. We need to find the right balance. Whistleblowers play an integral part in these matters, and she will hear additional points on the subject later in my speech.”
“We are not shy of the issue and are certainly not ignoring it, but it is important that we focus on ensuring that individuals can make disclosures safely, which means protecting them through safeguards and proper routes. That work is still under way, and we need to go through it in the right way.”
“I will answer the right hon. Gentleman’s question very specifically. He is right about the public interest defence, on which the Law Commission has recently opined. We are not bringing forward reform of the OSA 1989, mainly because we recognise that the issue is complicated, not straightforward. If it were straightforward, we would be able to deal with it in the form of a clause. However, there are various sensitivities. For example, in situations where there may have been wrongdoing or where we think there is a public interest in disclosure, it is about finding the right balance; a public interest defence is not always the safest or most appropriate way to bring that matter forward.”
“Let me say for the assurance of all colleagues in the House: absolutely, we need to find the right balance. The hon. and learned Lady has touched on our Five Eyes partners, which have introduced many other aspects that I will mention later in my speech, but they are seeing unintended consequences. We want to work through much of the detail, and we will work with all colleagues in this ongoing process.”
“The right hon. Gentleman will appreciate that, whether that is the view of the Law Commission or others, reform of the Official Secrets Act is complicated and not straightforward. I can tell colleagues that no one would be happier than I to present a reform agenda in that space, but it is not straightforward— [ Interruption. ] I appreciate colleagues’ gesturing on the Back Benches, but it is important that on this complex reform we continue to engage with a wide range of interests and give all due consideration to a number of concerns, because there are many, many concerns being raised.”
“Without pre-empting the work that is taking place in Government right now, I want to give that assurance. That is also based on the Law Commission’s recently published review. However, as I have already said, a wide range of work is required in terms of engaging stakeholders and looking at all aspects of the law itself. These issues take time, but the Government are working on them right now, and I can assure the House that as soon as we can, when we find the right moment, we will come back to this.”
“At the same time, the House will be well aware that the Online Safety Bill seeks to tackle extremists and the people who do the most appalling things and hurt children, and I have already touched on the fact that there will be further legislation on economic crime and corporate transparency.”
“It builds on the Counter-Terrorism and Border Security Act 2019 and on the National Security and Investment Act 2021, which gives the Government powers to scrutinise and intervene in business transactions such as takeovers to protect national security. It also builds on the Police, Crime, Sentencing and Courts Act 2022, which gives the police and the courts greater powers to keep us safe and deliver justice. We have already touched on the fight against people smugglers and the removal from our country of those who seek to do us harm. The Economic Crime (Transparency and Enforcement) Act 2022 also helps to drive dirty money out of our country.”
“I do not disagree at all with my right hon. and learned Friend. I see my former colleague and former Lord Chancellor, my right hon. and learned Friend the Member for South Swindon, in his place; this is an area that we have discussed in the past because of its significance. The types of crisis we see ourselves involved in—hostile states, deprivations, you name it—are growing and growing. We must find a way to get this right. That is the work we need to do and that must be the right focus of attention, but of course the Bill is part of this Government’s legislative agenda on protecting our country and making it safe. Colleagues will be aware that the Bill was designed in close consultation with our colleagues and counterparts and the security services.”
“It is our priority—my priority—to ensure that we stay ahead of the multiple threats we face. We all have a responsibility to our country and our public to keep them safe. That is why I know that the whole House will debate these measures in a sensible, measured way as we come together through this Bill to really focus on some of the challenges that we are exposed to and that we see day in, day out.”
“That is exactly why we must continue to hold the platforms to account. State threats are becoming increasingly assertive and sophisticated. That is the key to the work that we are focused on in terms of how we tackle this new sophistication. We can never be passive in the face of malign covert activity designed to interfere with our national security and also our economy and democracy. The threats we face are everywhere, and we face them every single day. Many, many plans are disrupted by our intelligence agencies and law enforcement agencies before they can be enacted. That is a sobering point, because on an annual basis we remind the public of the number of plots that have been thwarted and the level of activism that exists out there that seeks to harm our citizens and our country.”
“I thank my hon. Friend, who has been leading the way through the Digital, Culture, Media and Sport Committee and all the other work that has taken place on online harms. I am grateful to him for his engagement on all of this. He is absolutely right about holding the companies to account. I think it is fair to say that each of us, every single day, becomes more and more appalled at some of the material that circulates online—harmful content and the most appalling content around children. Even when it comes to terrorist acts, platforms are too slow when it comes to pulling some of this shocking material down. Let me give two examples from recent months: the situation with a synagogue in the United States where material was still circulating and the tragedy in America that took place with the school shooting.”
“My hon. Friend is absolutely right. He has touched on lobbying, as just one example, but we could expand the list. We have discussed in this House other enablers and facilitators, whether it is through Parliament or other means, to get access to the state, or institutions or arms of the state. I spoke earlier about the lacunas—the areas that we have to close down, or the grey zone, across the board. My hon. Friend has spent a great deal of time on this issue through the Foreign Affairs Committee. He is very much pursuing it and we look forward to working with him on it.”
“Our intention is to bring forward foreign agent registration and it will be brought forward in the Commons; let me give that assurance. [ Interruption. ] The right hon. Gentleman asks what is so difficult about it. There are a number of difficulties. It is not just a case of lifting and shifting what the US and Australia have done. We have been working with our Five Eyes colleagues. There have not just been many debates but we have working with colleagues who have themselves had difficulties in some parts of enforcement. We have had very close links with our Australian counterparts in terms of workability. We want to get it right. There will be an open debate about it in Committee and everywhere else, and we look forward to working with the right hon. Gentleman on that.”
“My hon. Friend makes an important point. These changes and measures are not straightforward. I can say to colleagues from the Floor of the House that, having had many discussions directly with our counterparts in Australia over the past 18 months, some aspects of the scheme work, but some do not. It is in our interests to make sure that we get this right. Colleagues need to come together on this. We need to work collectively—not just on the technicalities, but on the legal points. It is the legal application that will matter in terms of making a material difference.”
“We know that foreign intelligence services can have malign intentions: for example, as the US and UK set out in April 2021, Russia’s foreign intelligence service, the SVR, has been behind a series of cyber-intrusions, including the extremely serious December 2020 hack of SolarWinds, the American software company. The Bill will reform the offence of obtaining or disclosing protected information. Where a person knows, or ought reasonably to know, that their conduct “is prejudicial to the safety or interests of the United Kingdom, and…the foreign power condition is met”, they could now face a life sentence.”
“It will specifically target the illicit acquisition or disclosure of sensitive trade, commercial or economic information by foreign states, as the value of these is directly linked to secrecy. The offence will apply only where the foreign power condition is met and will carry a maximum penalty of 14 years in prison. The Bill will also make it a criminal offence to aid the UK-related activities of a foreign intelligence service. This, too, will carry a maximum penalty of 14 years’ imprisonment. That means that, for the first time, it will be an offence to be an undeclared foreign spy working in the UK.”
“We have already had cause to strengthen visa screening of Chinese academics and researchers in sensitive areas of research, and to step up engagement with our higher education and research sectors to alert them to the threats and risks of Chinese espionage. Three reformed offences in the Bill will combat the modern threat from state-linked espionage and related harmful conduct. One of the UK’s greatest strengths is that we have absolutely world-leading research and innovation, but as we have seen too often it is the target and subject of hostile activity by foreign states. A new offence of obtaining or disclosing trade secrets will help us to respond to that threat more effectively.”
“The foreign power condition provides a clear approach to determining whether offences or aggravated offences are being carried out for a foreign power, or on their behalf, or with the intention of benefiting a foreign power. Many of the offences introduced in the Bill apply only when the foreign power condition is met and it prepares us to face tomorrow’s threats as well as those that we face today. We are comprehensively updating the laws that deter and disrupt espionage, as well as enhancing the ability of our law enforcement and intelligence services to investigate and prosecute those who spy on behalf of foreign states.”
“It also creates a whole suite of measures to enable our law enforcement and intelligence agencies to deter, detect and disrupt the full range of modern-day state threats. The Bill includes a range of new and modernised offences, alongside updated investigative powers and capabilities. Those on the frontline of our defence will be able to do even more to counter state threats. Additionally, the Bill will prevent the exploitation of the UK’s civil legal aid and civil damage systems by convicted terrorists by stopping public funds being given to those who could use them to support terror. I now turn to specific measures in the National Security Bill.”
“This Bill is a culmination of much of the work that she set in train, and we have also been in discussion with her about this Bill as well. We should not forget that, in response to the Salisbury outrage, the UK expelled 23 undeclared Russian intelligence officers. Twenty-eight other countries and NATO supported us, resulting in one of the largest collective expulsions ever—of more than 150 Russian intelligence officers. That led to the degrading of Russian intelligence capability for years to come, and we have more cause than ever to be grateful for that today. The National Security Bill completely overhauls and updates our espionage laws, which date back to the second world war—in some cases, to the first world war.”
“That is exactly what I said. While these considerations are important, we should also reflect on the fact that the Bill is informed by extensive public consultation. It is informed not just by the work of our counterparts in the Five Eyes and other countries, and by legislation that has been introduced by others, but by our evolving work with our law enforcement and intelligence agencies. Those agencies are at the heart of the application of this work. They will be the ones who will be leading the enforcement, putting the laws into practice and dealing with the practicalities of this work. The Bill also builds on the difficult and necessary work undertaken by my right hon. Friend the Member for Maidenhead (Mrs May), who corralled the unprecedented international response to the barbaric Salisbury attacks.”
“23.] The individual in question had links to the United Front Work Department, which is part of the Chinese Communist party, and had not been open about the nature of these links. Meanwhile, China has sanctioned critics of its regime, including Members of this House. That is not remotely conducive to open and honest discussion made in good faith.”
“The attacks affected more than a quarter of a million servers worldwide. Victims included the Norwegian Parliament and the European Banking Authority. It is completely unacceptable for the integrity of our democracy to be threatened by state threats. In January, I made a statement to the House about an individual who knowingly engaged in political interference activities on behalf of the Chinese Communist party and targeted Members of Parliament for a number of years. As I said in January, “this kind of activity has recently become more common, with states that have malign intentions operating covertly and below current criminal thresholds in an attempt to interfere with our democracy.” —[ Official Report , 17 January 2022; Vol. 707, c.”
“There are sensitive sites that are particularly vulnerable to threats from foreign powers. We need greater scope to respond to new tactics and particularly to technology. The Bill will give us that ability. There is a serious threat from state-linked attacks on assets, including sites, data, and infrastructure critical to the UK’s safety or interests. The sabotage offence will likewise apply where a person knows, or ought reasonably to know, that their conduct is prejudicial to the safety or interests of the UK and where the foreign power condition is met. It, too, comes with a maximum sentence of life. Starting on 27 February last year, at least 17 different Chinese-linked threat actors simultaneously took advantage of flaws in Microsoft Exchange. They were able to access email accounts, acquire data and deploy malware.”
“Definitions are important, of course, but on a case-by-case basis much of the work will link to the activity and the intelligence that is provided about the individual. All sorts of elements could come together to make that case. As I have touched on, much of this will be done on a case-by-case basis; it will be based on intelligence, on the conduct of the individual involved, on the impact they would have on our national security and on the threat they pose. The Bill will create two offences relating to access to prohibited places—sites that are vital to our national security. One will require a person to be acting for a purpose prejudicial to the safety or interests of the UK; the other, which carries a lesser sentence, applies to unauthorised conduct.”
“My hon. Friend is absolutely right. In this specific case, the point about individuals with malign intentions operating covertly and quite dishonestly, but below a criminal threshold, was exactly the challenge we were faced and confronted with earlier this year, which is why we need to bring in these changes.”
“My hon. Friend is absolutely right. Other hon. Members who intervened earlier in this debate spoke about the role of Parliament and the security directorate here, with which we are working closely, as are our intelligence and law enforcement colleagues. I am afraid that I think this is where reality bites for all of us. Look at the changing world in which we live and the threats coming our way. I think we have to have even more curiosity about some of the approaches made to us. I say this because we of course want to go about our lives as freely as possible. We love our democracy, and our democracy and our free society must continue to flourish along with free speech. Of course, free speech is not necessarily a value universally held by those who want to target us and seek to do us harm.”
“It will be an offence for foreign powers to interfere inappropriately with the UK’s democracy and civil society through covert influence, disinformation and attacks on our electoral processes.”
“My hon. Friend makes an important point. With this whole culture, and it is a culture, of covering up through other acts the intent of some organisations—the Chinese Communist party, for example—those seeds have already been established. That is why we have to find the right ways and the most sensitive and appropriate ways to address these practices. They have become long-established practices, and we are now only scratching the surface with the work that has been taking place in addressing them. A new foreign interference offence will enable the disruption of illegitimate influence conducted for or on behalf of foreign states seeking to advance their interests or to harm the UK. It will come with a maximum prison sentence of 14 years.”
“Importantly, this is where we need to join up both ends of the legislation. That is absolutely vital, through this Bill and the wider work on online harms, but there are changes that we certainly want the platforms to be putting in place. We have touched on the accountability of platforms already, but there is just so much more that they need to do and which is their responsibility. My hon. Friend makes an important point about how, for example, if we look at counter-terrorism offences and platforms’ approaches to footage online, GIFCT—the Global Internet Forum to Counter Terrorism—has led the way on some significant change. That is what we need to see across the board here, and we really need them all to come together.”
“At the end of the day, we are focused on individuals who are trying to do harm to our country. I will look specifically at that—obviously, I will—but intent is also based on the information and activity that can come together around some of the individuals. Right now, we are only referring to much of this on a case-by-case basis, but as we have learned with recent examples, some of which I might come on to, we can see the intent and the harm in the sequence of activity that has taken place around individuals.”
“It will be used when intelligence confirms that highly damaging threat activity is planned or being undertaken, but prosecution is not realistic. These measures will be proportionate to the threat posed by an individual, and they will be subject to rigorous checks and balances, including by the courts. The Bill improves schedule 3 powers in the Counter-Terrorism and Border Security Act 2019.”
“I am bringing forward search and seizure powers to replace the existing investigative tool to counter complex state threats investigations. A new power of arrest for state threats activity, a new state threats detention scheme, and longer retention periods for biometric data will give the police further powers effectively to investigate these cases. There will be some cases where it will not be possible to bring a prosecution. As is the case with counter-terrorism law, where similar challenges arise, we need a way of protecting our country. New state threat prevention and investigation measures will allow the Home Secretary to impose targeted restrictions, such as where an individual works, lives or studies, to prevent the most serious forms of harm. This is a tool of last resort.”
“In February last year, a Belgian court sentenced an accredited Iranian diplomat based in Vienna to 20 years in prison for his role in a plot to bomb a conference in Paris hosted by Iranian dissidents. The Belgian state security service stated: “the plan for the attack was conceived in the name of Iran and under its leadership.” Russian dissident Alexei Navalny was poisoned by Putin’s thugs and could easily have lost his life. In response, our Government enforced asset freezes and travel bans against 13 individuals and a Russian research centre. It is vital, when creating a suite of new offences, to ensure that the police and the security and intelligence agencies have the powers effectively to investigate the threats this Bill seeks to address.”
“The indictment also detailed four other individuals under surveillance by the network, including one based in the United Kingdom. Prosecutors said that one of the conspirators was an Iranian intelligence official, while the other three were assets of Iranian intelligence. Again, that speaks to the aggravating factors and the type of activity that takes place, as well as the cross-collaboration when it comes to dealing with some of those hostile state threats. The people who engage in such nefarious behaviour are often highly skilled at keeping their activities hidden and we should never lose sight of that. Let us be under no illusion about the scale of the threat we face.”
“The Bill criminalises people who prepare to commit acts that constitute state threat offences and other harmful activity that constitutes a serious threat to life or public safety. They will face the prospect of life behind bars. When it comes to state threats, an aggravating factor will ensure that sentences for state-linked criminality recognise the seriousness of hostile activity conducted for or on behalf of foreign states. This applies to all offences not in the Bill where the foreign power condition is met. In July 2021, the US Department of Justice announced that a New York court had unsealed an indictment against four people resident in Iran for their involvement in a plot to kidnap an unnamed Iranian-American journalist.”
“My right hon. Friend makes an important point. Of course, that is the whole purpose of legislation. As I said in the first part of my remarks, we cannot remain static; we must have the agility to respond. Since February this year, with Russia’s incursion into Ukraine, techniques and tactics have changed. Yes, we are responding to them differently, but some legislative underpinning is absolutely required, as is having the flexibility and agility to respond. Hack and leak is only one example. There are so many other examples, as he will know from his time as Security Minister and from his time on the Intelligence and Security Committee. The landscape is shifting and, frankly, it is shifting fast. We cannot wait for terrible atrocities to happen before we intervene.”
“Where that risk is ongoing, the courts will be empowered to permanently withhold those funds. When an individual commits an act of terrorism, they are rejecting the democratic state that provides the benefit of civil legal aid, and it cannot be right that the same individual can then go on to receive civil legal aid funded by that very state. These changes will end that abuse of our legal aid system.”
“Likewise, the Government have been considering reform of the treason laws, but right now we do not have plans to do so through this Bill. The House passed the Economic Crime (Transparency and Enforcement) Bill in a day, because we recognised the severity of the situation, and we recognise that at a time of crisis, we must act collectively in the national interest. However, good legislation in such complex areas must be undertaken effectively as well as efficiently to achieve the desired outcome of bolstering our agencies and protecting our nation. The National Security Bill restricts convicted terrorists from access to civil legal aid and will enable the courts to freeze civil damages awarded to terrorists where there is a risk those funds might be used for terrorism purposes.”
“Following feedback received during the Home Office’s public consultation on this issue, and following Russian attempts to undermine European stability, it is right—we welcome all views and considerations on this—that we take the time to ensure that it is an effective and proportionate tool to counter state threats activity and to protect the UK’s interest. On measures not in the Bill, I have already touched on the Official Secrets Act 1989 and the work that needs to be undertaken. To confirm, I will look at reform of the OSA, along with other work that the Government are doing to strengthen whistleblowing practices and transparency. In the context of Russia’s terrible invasion of Ukraine, it is essential that we prioritise measures that strengthen our defences against state threats, which this Bill does.”
“It also includes the activity represented by the deeply concerning case of an individual engaged in political interference on behalf of the Chinese Communist party, as touched on earlier. The scheme will make the UK more resilient to threats. Those who work covertly will face a choice between registering with the scheme, thus exposing their activity, and risking prosecution for not doing so. Both options present risk to state-threat actors. There is no intention, however, to create unnecessary barriers or to discourage those engaged in legitimate activity in the UK. Foreign Governments routinely engage in efforts to influence UK domestic and foreign policy. Where undertaken in an open, transparent way, this will continue to be welcome. As I have mentioned already, we intend to bring the scheme forward before the Bill leaves the Commons.”
“It will strengthen our efforts to deter and disrupt state-threat activity through greater transparency and the scrutiny that it requires, with penalties for those who seek to obfuscate and hide such arrangements. It will increase the risk to those engaging in covert or malign activities for or on behalf of any country, including those identified by the UK intelligence community, such as Russia, China and Iran. That includes the type of activity described by the Intelligence and Security Committee in its Russia report, where individuals with access to UK political institutions and public officials covertly exert influence at the behest of foreign intelligence services.”
“We will introduce a foreign influence registration scheme that requires individuals to register certain arrangements with foreign Governments, to deter and disrupt state-threat activity in the UK. It will bring our country into line with similar schemes run by allies, but we clearly need to ensure that that is workable here. The scheme will be included in a Government amendment, as I have highlighted. A consistent message from respondents to our public consultation last year was that any scheme of this nature must strike the right balance between highlighting foreign influence in the UK and protecting those involved in legitimate activity from disproportionate compliance and regulatory matters. The scheme will follow precedents from the US and our Australian allies, requiring registration of certain arrangements with foreign Governments.”
“It is important, as I have said, that these measures are proportionate to the threat posed by an individual and are subject to rigorous checks and balances, which I know my hon. Friend the Member for Wycombe (Mr Baker) will provide, and by the courts. We should never negate or ignore that, because the courts have a significant role to play. Changes to schedule 3 powers in the Counter-Terrorism and Border Security Act 2019 will give police officers the ability to stop individuals at ports to ascertain their involvement in hostile activity by foreign states. The authorisation process enabling officers to retain confidential information is being streamlined to match the process using counter-terrorism laws. There are other measures, not currently in the Bill, on which we have touched.”
“I look forward to many debates with my hon. Friend on this issue. When it comes to TPIMs, there has been a considerable journey. Based on the work of our intelligence and security services—I am privileged to see, I am afraid, too much of the threats and insights, right down to the reconnaissance on certain individuals and their characteristics and the behaviours in which they participate—as I have said, this is a tool of last resort, which will be used only when intelligence confirms that highly damaging threat activity is under way. That will mean restricting the liberty of individuals if they pose a threat to the British people, to a local community and to our country.”
“They will mean that our courageous law enforcement and intelligence agencies will have the powers they need to keep us safe. We will have the ability to bring those who mean us harm to justice and, at the same time, to evolve and respond in an agile way to those threats. I urge the whole House to send a clear message to our adversaries that we will put the safety of the British people first by getting behind the Bill. I commend it to the House.”
“We should all reflect that when the Berlin wall fell back in 1989, some people thought that liberal democracy had won and history as we knew it then was at an end, yet this year, as we all know, Russia launched an unprovoked war against a neighbour. It is right that we are vigilant, and we have to be vigilant every day, all the time. We cannot think in terms of just keeping up—we have to be several steps ahead. That is why the Bill is state-agnostic, but we need to be ready to face threats from wherever they may emanate, and the threat landscape is changing. Keeping our country safe is not exclusively a matter for Government. It is also a matter for us as legislators. It is vital to come together on these measures and, as I have said several times, the measures in the Bill were drawn up after extensive consultation.”
“It will also enable more effective joined-up working with international partners to improve not only our operational agility, which my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) has already touched on, but how we can be flexible going forward to address the changing landscape of threats. It is worth remembering that things and situations can change for the better, as well as for the worse. Some of the UK’s closest allies today are countries with whom we have fought wars in the past, and we regularly develop new tools to keep us safe. The point is that none of this happens by chance.”