Sir Julian Lewis
MP for New Forest East · Conservative · United Kingdom
“I will share with the House one particular case that is representative of many. My constituent, Mrs Gillian Pothecary, lost her husband almost a year ago. She wrote to me in July about her valiant but so far unavailing quest to obtain a civil service widow’s pension.”
“She said: “Mrs Pothecary’s…case falls under the commitment to be fully resolved by early September at the absolute latest. Capita has assured me that her case is on their escalation log and has been flagged for priority handling.” I rang up Gill just before coming into this debate and—you’ve guessed it, Dame Siobhain—she has not yet recei…”
“As the Minister seems to have run out of supportive Back Benchers, I shall endeavour to ask him a helpful and easy question. Accepting that it will be some years, to put it mildly, before we can eliminate our dependency on oil and gas, does he accept in principle that we are more secure if we exploit our own domestic oil and gas resources…”
“I warmly endorse almost everything the Secretary of State has said today, and I genuinely congratulate him on his appointment. In my first speech in this House almost 30 years ago, I promised to support Labour Governments as long as they supported the nuclear deterrent, the conventional armed forces and NATO.”
“On Monday, just as campaigners from the New Forest and Waterside were handing into Downing Street a 32,000-signature petition against the appalling and unfair outcome of local government reorganisation affecting our area, the welcome announcement was made by the Government that the local government reform proposals for Hampshire and three…”
“We are now in a situation that is worse than that at the height of the cold war, so the comparison we have to make is between what we are spending now and what we spent during the cold war, which was, in modern calculating methods, between 4.5% and 5.1% on defence. So let us not talk about increases to 2.7%.”
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“He asked the question: “Why, as well as murdering hundreds of defenceless young people at a rave, parade dead bodies as evidence of the atrocities? The answer is that their objective is uncontrolled rage. It is to make Israel lash out in a way that starts a conflagration. To start a war so intense that it spreads, igniting an explosion of violence in the West Bank and bringing in Hezbollah from Lebanon in the north, with Israel fighting on multiple fronts. To see so many Palestinians killed that the Israelis lose the moral high ground of defending themselves against mass murder. To use the fate of hostages, with maximum cruelty, to intensify a frenzy of hatred whenever that seems to be abating.” That is still going on now.”
“However, if he is able to claim some sort of success, by ending up with significantly more territory at the end of the process than he had under his control in February 2022, then it will only be a matter of time before he comes back for more. I want to say a few words about the middle east, but they are not actually my words; they are words from a remarkably perceptive article written by a Member of the upper House, the noble Lord Hague—William Hague, to us. He outlined his reaction to the atrocities of 7 October in an astonishingly perceptive way in The Times within 48 hours of that attack. I want to set some of what he said on the record, because he raised the question of why on earth Hamas should have undertaken such an action when they must have known it would provoke a horrifying response.”
“I suspect that what had made that possible was that the shock that they had experienced in previous years over the loss of Crimea, which, if I remember correctly, was taken over by the Russians quite easily, focused their minds, their efforts and their investment upon the dire possibility that Russia might come back for more. That is why Ukraine was so much better prepared, with the covert assistance of other countries, not least this one, to resist the second Russian invasion when it happened. I cannot stress too strongly that Ukraine’s battle is our battle. If Putin is seen to be unsuccessful in Ukraine, then the threat to us and to the rest of NATO will recede for a generation.”
“The question is this: are we prepared to revert to the sort of investment in defence in “peacetime” that we made so successfully during the 50 years of the cold war, which prevented an outbreak—a terrible further global conflict—between the then superpowers, both of which were armed with nuclear weapons? I revert to what I said in an intervention on the Secretary of State when he was opening the debate: everything depends on what happens in the Russia-Ukraine conflict. Let us be honest that when the threat of a Russian invasion of Ukraine arose in early 2022, not many people—hardly any in this Chamber, I suspect, myself included—predicted that Ukraine would be as successful as it has proved to be in resisting the might of the Russian invasion.”
“What we found was this: in 1963 we spent similar sums—about 6% of GDP—on both welfare and defence; and by 2017, after the study was carried out, we were spending six times as much on welfare as we were spending on defence. Similarly, it was found that in the mid-1980s we had been spending similar sums—about 5% of GDP then—on education, health and defence. By 2017 we were spending 2.5 times as much on education and nearly four times as much on health as we were spending on defence. At the height of the cold war confrontation, and every year from 1981 to 1987, we spent between 4.3% and 5.1% of GDP on defence. From 1988—when the cold war began to evaporate—until 2014, defence spending almost halved as a proportion of GDP. Of course, there was a reason for that: it appeared that the threat from Russia had gone away. Well, now it is back.”
“This is not just about a loss of treasure; even worse, it is about the human suffering and loss of life that would happen if we fail to invest adequately in peacetime to prevent that from ever coming to pass. The economist Roger Bootle recently explained: “During the Second World War, we spent roughly 50% of GDP on the military and slightly more than this in 1916 and 1917, during the First World War.” So for goodness sake, let us be serious about this. No Government can be exonerated for the Kool-Aid that they drank after the fall of the Berlin Wall. During the 2015-17 Parliament, the Defence Committee spent a bit of time trying to establish what had happened to defence expenditure in the post-war era.”
“I know what the Secretary of State and others mean when they refer to that, but it can be taken as meaning that we are in a situation where war is inevitable, and it is not. We have to behave as if we were going to have to defend ourselves in a real war, because if we make those preparations adequately, we will, through a policy of deterrence, prevent the war from happening in the first place. This close to a general election, it is perhaps inevitable that we will hear people on both sides of the House, but on the Front Benches in particular, quibbling over percentage points of GDP being allocated to defence expenditure. But I have to say that 2.5%, 3% or even 4% would not be anything like adequate if a war actually broke out—44% is probably more like what we would have to spend.”
“Earlier this afternoon I counted over 50 right hon. and hon. Members of the Labour party alone packing the Opposition Benches for the urgent question on the middle east. Sadly, though predictably, by the time we got to this important debate we were down to the usual suspects—the usual stalwarts, about half a dozen to a dozen Members on each side of the House. That difference in the numbers is relevant: the reason for it is that an actual war is going on in the middle east, so people are very focused on it, now that it is too late to prevent it. Our purpose in holding debates such as this one should be not to get to that situation. I have some reservations about the constant references to us being in a pre-war world.”
“I am grateful to the right hon. Gentleman for securing this debate. I have been contacted by three retired members of ExxonMobil, which has a very large refinery in my constituency. I was reluctant to name the firm because I have not had a chance to ask for its side of the story, but the three letters tell me that exactly the same thing has been happening. Those three people were given no discretionary rise this January, and it was then modestly reinstated after protests were made. There is clearly some sort of co-ordinated effort, and not in a good way, exactly as the right hon. Gentleman describes”
“I wonder whether the Chair of the Select Committee shares my concern that when those schemes go wrong, it seems to take an interminable time to get any form of resolution. I have in mind a scheme that I am sure he is familiar with: the Atomic Energy Authority Technology pension scheme. The Government gave strong guarantees from the Dispatch Box that transferring into that scheme would give benefits roughly similar to those of remaining in the original Atomic Energy Authority scheme, but that did not happen. I first quoted the concerns of my constituent, Dr Keith Brown, in 2016. The most recent answer that I received to a question on this subject was: “This is a complex issue requiring further consideration” between the DWP and the Cabinet Office. I first raised the matter in 2016, but the Government are still saying that in 2024.”
“My hon. Friend did say that things had moved on since January. May I gently remind him that it was in January that he told the Work and Pensions Committee that he was waiting to hear from his officials who were in discussions with the Cabinet Office about the AEA Technology pension scandal? He has since been saying that there is no timeline for how these people will be advised of appropriate redress. Does he expect there to be no timeline between now and the general election, or can they expect a definite answer at some point before then?”
“Does the Secretary of State agree that, if we cast our minds back to the time of covid, when we were spending hundreds of billions of pounds just to keep the country functioning, none of us could have imagined sets of statistics as positive as those that she has given us? May I re-emphasise a point that has already been made in slightly different terms? There appear to be eight times as many people sitting on the Conservative Front Bench as there are on the entirety of the Labour Back Benches. Does she take that as a vote of confidence in the Government’s positive message?”
“Will the Deputy Foreign Secretary take the message back to his boss that the insertion of British troops on the ground in Gaza will simply play into the hands of those who wish to divert attention further away from the existential conflict between Russia and Ukraine? Does he share my sadness that there is not a single mention of Ukraine in any of the questions on today’s Order Paper?”
“I am so grateful to the hon. Lady, for whom I have the highest regard, for allowing me to intervene. Can she explain one thing to me? I do understand the idea of safeguards against coercion, but this is where I have a problem with the notion of assisted suicide: how do we set a safeguard against the person themselves feeling that they have to accept that they will die by their own request rather than be a burden to others? We can protect them from the pressure of others. We cannot protect them from the pressures that they will put on themselves, even though they do not really want to die.”
“In regard to the worrying topic raised earlier of antisemitism and Islamophobia in schools, will Ministers please bear in mind sections 406 and 407 of the Education Act 1996? The former bans political indoctrination in schools, and the latter says that when political subjects are brought to the attention of pupils, they must be presented in a fair and balanced way.”
“One of the main strategic aims of Iran, Russia’s ally, in supporting what Hamas did in October last year was to suck western powers into the middle eastern theatre, thereby diverting them from Russia’s existential conflict with Ukraine. May I urge the Minister not to comment on the suggestion that we might have British boots on the ground in the Gaza strip, but to take the message back to the Secretary of State that this would be a completely insane idea? It would be far better to have moderate neighbouring Arab states deal with any distribution of aid that we have facilitated as a result of the viable RAF and sea power that we have rightly exercised.”
“The main reason why this welcome uplift has come when it has is Russia’s aggression against Ukraine. Does the Secretary of State agree that if Russia and Putin are seen to fail in Ukraine, the threat to NATO will be put back for at least a generation? Conversely, if they succeed, the threat to NATO will intensify. Will he therefore do everything he can to persuade our allies, especially certain parts of the United States’ new political establishment, that the success of Ukraine is essential for the peace of Europe and, indeed, the peace of the world?”
“The Langstaff recommendation for interim payments was because of the need for speed; because people are so ill. How many people do the Government believe to be still living who were infected in this scandal? How many of them applied for the interim payments? What proportion of those who applied have received the payments? If my right hon. Friend does not have the figures with him today, will he undertake to write to me and place a copy of the letter in the House of Commons Library?”
“The Minister has done good work in protecting leaseholders and renters from remediation costs above 11 metres. As a leaseholder myself, I am a bit baffled as to why people are not protected when fire remediation measures are necessary below 11 metres. I would be grateful if he could explain the Government’s reasoning.”
“Do the Government have any evidence that they can share with this House of the involvement of major foreign powers in what is happening in this terrible conflict in Sudan?”
“I am grateful to my right hon. Friend for giving way. I know that he is coming towards the end of his speech. Would he care to remark on a couple of slightly more optimistic features of deterrence, because deterrence of conventional forces depends on far more than an equal balance of equipment, even though, as he says, we are nowhere near achieving that? It also depends on our allies and others who will fight in the same cause. Does he not accept that it is not just enough to take our defence spending up to 3% or more, such as the 5% we regularly spent through the cold war, but essential to ensure that our American allies remain totally involved in the deterrence process and that the Ukrainians succeed in fending off Russia, because if they succeed we can contain Russia in the future, as we successfully did in the past?”
“I am grateful to the Minister for allowing me to intervene. I did not apply to speak in this debate because I could not be sure that I would be here at the end. Will he impress upon the House how our aid to Ukraine is vital because, if Ukraine successfully thwarts Russia, all those dread scenarios about an attack on NATO will not happen? Similarly, although President Trump is a worry, it is at least a relief that he has begun to say that, provided Europe does its bit, he will continue with America’s support for NATO, should he be elected.”
“It is clear that HMRC made a serious mistake, and the Government acted commendably quickly in intervening to put matters right. I am sure they will now take a close interest in what happens next. As a matter of policy, will the Minister ensure that, whatever the future holds, it will not be anything so sudden or brutal, and that there will be a trial period before anything so dramatic is implemented across the board?”
“The shadow Foreign Secretary slightly stole my script about the “golden era” of Sino-British relations trumpeted by then Prime Minister Cameron. While the Minister says that things have changed since then, one thing has not changed: communist China was a totalitarian state then, and it is a totalitarian state now. Is it not about time that the Foreign, Commonwealth and Development Office learned that lesson?”
“Surely the essential point here is that the Government are proposing not to ban any organisation, however extreme, from operating legally and within the law, but to identify organisations that should be barred from receiving funding or other support from the Government. They have not shared their proposals with the Intelligence and Security Committee, so any point that I make now is purely personal to me, but does the Secretary of State agree that in any democratic society people have a right to decide with which bodies they will or will not associate? That is why it is right that, since July 2021, Labour has banned no fewer than seven extreme-left organisations as incompatible with party membership, in accordance with values defined, quite properly, by its own national executive committee.”
“I am listening with great interest to my hon. Friend’s authoritative speech. There is a paradox that always strikes me about giving money to the French to stop the small boats coming: if they ever succeeded in stopping the small boats coming, that would mean that France would be the end of the line for those illegal immigrants. That would mean that the French would have to start imposing their own borders, which have largely been dismantled in the context of the EU, to stop the illegal migration into their country. Can we ever really expect the French to co-operate in sealing off the illegal route across the channel?”
“May I commend to anyone interested in the historical context a report produced by the Defence Committee in July in 2019 called, “Shifting the Goalposts? Defence Expenditure and the 2% Pledge: An Update”, HC 2527? It shows that for the last 20 years of the cold war this country spent between 5.6% and 4.1% of GDP, calculated in the same way we do today, on defence. Does that not show both sides of the House that we have an awful long way to go now that there is a hot war in Europe before we match what we used to do when there was a cold war in Europe?”
“Can the Minister explain to us his assessment of the attitude of the European Union towards the continuing sovereignty of Gibraltar, bearing in mind Spain’s long-standing ambition to infringe that sovereignty?”
“I welcome the Minister’s earlier assurance about Afghans who fought with or otherwise supported our troops against the Taliban. Can he explain, for the benefit of those of us not au fait with the details of this dispute, for what reason these reports were not published earlier, and at what level the decision not to publish was taken? Had they been published sooner, would the inspector have been out of a job, and would we have been looking for a replacement?”
“My hon. Friend does not even need to talk about products that are that addictive. As one of my constituents has pointed out, no one checks on him if he spends £150 on a dinner for two people. Would he accept that, even if the principle is conceded that there should be some checks, the level at which this has been set is far too low?”
“The Secretary of State will recall that, in handling this topic on 5 February, he strongly endorsed the suggestion that a lot of this trouble in the middle east was linked to tactics to divert from the war in Ukraine. Given that the route from what is happening in Ukraine to what is happening in the middle east is via Russia and Iran, is he satisfied that there is no inconsistency between the tough line being taken by the Ministry of Defence against the Houthis and the soft line being taken by the Foreign Office against their Iranian sponsors?”
“I could understand the hon. Gentleman’s argument better if he were talking about what the Americans seem to call a temporary ceasefire to see whether more hostages could be released, but he appears to be calling for an unconditional ceasefire—I see people nodding—which would leave all the hostages at the mercy of Hamas. Does that not put Israel in the position where previously it has had to release 1,000 people who had been criminally convicted in order to get one soldier back? Indeed, one of the people Israel released was the person who organised the Hamas atrocities on 7 October.”
“Is it not time that both sides of the House came together to agree on a common policy of increasing defence expenditure, so that by increasing our support for Ukraine, we can set an example to our American allies, without whose help there can be no future for peace and security in Europe?”
“In the debate on the Red sea on 24 January, I asked for confirmation that HMS Albion and HMS Bulwark would not only not be scrapped, but would not be mothballed. The deputy Foreign Secretary, my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), with the Secretary of State for Defence alongside him, said in response that I was “absolutely right to detect the supportive view of the Secretary of State for Defence.” —[ Official Report , 24 January 2024; Vol. 744, c. 402.] However, a journalist was subsequently told by the Ministry of Defence that nothing had changed, so are those ships going to be mothballed or not?”
“Following the battle of Cable Street against Mosley’s blackshirts, the Public Order Act 1936 introduced measures that severely restricted the ability of Nazi-type movements to march in predominantly Jewish areas. Is the Minister satisfied that the police of today are sufficiently aware of the powers they have to stop marches taking routes that go through areas that are predominantly associated with a threatened community?”
“I will assist the Home Secretary with a little context. When I was a ranking member of the Intelligence and Security Committee between 2010 and 2015, it was a matter of routine that the Committee went to see the Prime Minister once a year, usually in the Cabinet Room. That stopped in 2014. Successive Prime Ministers have failed to reinstate it, although it must be said that the shortest-lived of them did offer to meet with the Committee, but sadly ceased to be Prime Minister before that became possible.”
“Finally, I simply reiterate the key point: the Bill seeks an expansion in the investigatory powers available to the intelligence services. Although that expansion may be justified, any increase in investigatory powers must be accompanied by a concomitant increase in oversight, and the Government have not yet fulfilled that requirement.”
“I therefore seek assurance from the Minister that the Government proposal will not limit the information received by the ISC to category authorisations, and that all the information contained in the report to the Minister will be contained in the report to the ISC, unless it is material that falls strictly within the definition of current operations at the time at which the report is provided, which we accept is the one thing that we do not generally see. That definition should be strictly as set out in the Justice and Security Act 2013. Any excisions beyond that would undermine what we presume is the intent to provide assurance to Parliament and the public that the regime has robust democratic oversight.”
“The third and most important difference is that the Government amendment is less specific on the information to be provided to the Intelligence and Security Committee, and does not include individual authorisations within its scope, only category authorisations. It therefore does not provide the same level of assurance to Parliament and the public that the ISC will be fully sighted on the operation of this new regime. It is that final point that is causing us most concern.”
“The first is that the Government’s proposal will actually create more work for the intelligence community because, instead of simply sending the existing annual report to the ISC, it will have to produce an additional report. That seems entirely at odds with the Government’s general approach to the Bill. The Minister in the upper House was keen to emphasise the need to minimise the burden on the agencies when it came to other elements in the Bill, so it is most peculiar that the Government are deliberately choosing to increase the burden unnecessarily. The second difference is that the Government proposal excludes the Investigatory Powers Commissioner completely, and it is not clear why. Oversight by the commissioner should be regarded as essential, because that is what it is.”
“The Government therefore introduced their own amendment, which, rather than providing the ISC with the same report that they are providing to the Secretary of State, places an additional duty on the Secretary of State to provide a separate report to the ISC. Notably, even this secondary report would not be provided to IPCO. That Government amendment is now proposed new section 226DB. Although we are reassured that the Committee’s strength of feeling, which was matched by the feeling of noble Lords in the upper House, has been recognised by the Government, what concerns the Committee is why the Government have chosen to craft a separate amendment requiring a separate report to be drawn up. There are three key differences of which the House will wish to be aware between the proposals of the Committee and those of the Government.”
“The amendment would have achieved that by providing that the annual report that the Government propose be sent to the Secretary of State should also be sent both to the ISC and the Investigatory Powers Commissioner. One would think that that was a pretty reasonable request. Such a measure would rectify the current gap in parliamentary oversight of these authorisations and complement the commissioner’s existing powers of inspection to provide oversight at all levels. Unfortunately, the Government did not accept the amendment. However, they did at least acknowledge that the gap existed and that some level of parliamentary oversight of the new regime was needed.”
“I would like to highlight one particular issue, which concerns my colleagues on the ISC and myself, relating to the oversight requirements for the retention and examination of bulk personal datasets. The Bill will insert new section 226DA into the Investigatory Powers Act 2016 to require each intelligence service to provide the Secretary of State with an annual report detailing the individual bulk personal datasets that they retained and examined under either a “category authorisation” or an “individual authorisation” during the period in question. In the upper House, Lord West, on behalf of the Committee, tabled an amendment that was designed to ensure that there is independent parliamentary and judicial scrutiny, too—I emphasise that—of this information, rather than just political oversight.”
“Fine words in a code of practice are, I am afraid, not worth the paper they are written on; the statute must include everything that is needed to provide Parliament and the public with the necessary assurance that investigatory powers are tightly drawn and robustly scrutinised. The Committee therefore expects the Government to take this opportunity to bolster the effective oversight that they keep saying they value. Actions speak louder than words, as is often said, so I look forward to hearing the Minister’s assurances in his response to our interventions. I hope that he will be able to find a solution both to the individual aspects of the Bill that continue to be raised, and to our overarching concern about the diminution of parliamentary powers in respect of national security.”
“However, matters that deal with procedural safeguards or external oversight must be on the face of the Bill to ensure that they are adhered to and cannot be changed or watered down without Parliament being consulted. I am sorry to say that in recent years the Government have been reluctant to ensure that democratic oversight keeps pace with intelligence powers, particularly where it is related to the remit and resources of the ISC, which have been increasingly undermined in a way that I believe Parliament never intended. It is therefore imperative that Parliament ensures that the safeguards and scrutiny provided by the ISC and other external oversight bodies, such as the Investigatory Powers Commissioner, are clearly set out and cannot be discarded on a political whim. That means putting them in the legislation itself.”
“Any increase in investigatory powers ought to—indeed, must—be accompanied by a concomitant increase in oversight. That is a very basic principle that Parliament has always expected to be followed. By oversight, I do not just mean parliamentary oversight as exercised by my Committee, but robust ministerial, judicial and regulatory oversight too. During the passage of the Bill, Members of the Intelligence and Security Committee will seek to ensure the inclusion of necessary safeguards and sufficient detail on those safeguards. The Bill deals with a number of technical areas, where it is right that the necessary guidance is provided in codes of practice.”
“In particular, it does not yet provide the safeguards and oversight that are so essential when it comes to secretive actions that have the potential to intrude on a great many people. The Bill seeks an expansion of the investigatory powers available to various public bodies. The Committee is in agreement that, at least in the case of the intelligence services, that is justified, but we are still sceptical—this was eloquently presented in more detail by my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes), who took the original legislation through when he was Security Minister—of the broad way in which some powers have been restored to an unknown number of as yet unidentified public bodies through clause 14.”
“As the Home Secretary said in opening the debate, we now face a different threat picture, with greater danger from state actors, a significant rise in internet-enabled crime, and an ever-accelerating pace of technological change. The ISC has therefore made time to consider and scrutinise the case for change put forward by the intelligence agencies and the Government, and to take classified evidence on the Bill. I can tell the House that, broadly, the Committee welcomes the Bill as a means of addressing those developments that have the potential to undermine the ability of the intelligence agencies to detect threats and protect our country. However, as we have heard, there are several areas in which the Committee considers that the Bill goes too far.”
“In looking at the Bill as a whole, I will also touch on one other specific matter in addition to those that my colleagues have tackled individually. As right hon. and hon. Members on both sides of the House will be aware, the original Investigatory Powers Act was introduced as a result of the Intelligence and Security Committee’s 2015 report on privacy and security. The report recommended the creation of a new Act to set out clearly: the intrusive powers that are available to intelligence agencies; the purposes for which they may be used; and the authorisations and, crucially, the oversight that should be required. There have, however, been a number of developments since the Act was introduced.”
“It is a pleasure to follow the hon. Member for Wallasey (Dame Angela Eagle). As she mentioned, she is the newest member of the Intelligence and Security Committee, but that has not prevented her, as we have seen this evening, from already making a valuable contribution to our work. As Chairman of the ISC, I will set out the Committee’s view of the Bill as a whole, based on the engagement that we have had with the intelligence community, and with the Government more broadly, on the legislation. In doing so, I pay particular tribute to our member in the other place, the noble Lord West of Spithead, who has already clearly set out our Committee’s position there, and had success, in at least one respect, in obtaining an improvement to the Bill.”