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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“We suggest that it be broadened to cover those who behave recklessly, even if an intention to aid a foreign adversary cannot be proven. Secondly, the failure radically to reform the Official Secrets Act 1989 leaves in place a requirement to demonstrate that actual harm has been caused by a civil servant or someone outside Government service when publishing classified information. However, the act of disclosing and specifying what harm has been done will often compound the problem and increase the damage; some prosecutions thus have to be dropped in order to prevent such further harm.”
“Clause 2 is a worthwhile attempt to protect valuable trade secrets, although we feel that there are issues of complexity and breadth of definition which will require simplification if this new system is to succeed. Clause 3 is strongly to be supported, both for criminalising the giving of assistance to a foreign intelligence service and for empowering the agencies and the police legitimately to unravel the hostile networks involved. Clause 12 creates a new offence of sabotage, at home or overseas: causing damage to vital UK assets or infrastructure, whether intentionally or recklessly. Clause 13 introduces an offence of foreign interference, but only for conduct that involves an intention to have a negative impact on the UK, for or on behalf of the foreign power in question.”
“I am receiving indications that I may hear something in the summing-up speech, so I shall live in hope. As I wish to leave scope for other members of the ISC to drill down into the detail of all three areas on which the Bill ought to be focusing, I shall confine myself to just a few comments on each. First—as we have said—we warmly welcome the repeal of the Official Secrets Acts of 1911 to 1939, with their references to century-old concepts of data targets, such as “sketches” and “plans”, which have long been superseded in the digital age. The new espionage offence created by clause 1 should enable the intelligence and security agencies more effectively to combat hostile state action in a world that has undergone a technological revolution in the modern era.”
“Nevertheless, as has been pointed out, our Australian friends enacted their foreign influence transparency scheme as recently as 2018, while our US allies introduced their own legislation as long ago as 1938, so there is no shortage of precedents on which we can draw to get the legislation right and close at least one more gap in our national security arrangements.”
“The third leg is that there will be many practical issues with the contents and the proper parliamentary scrutiny of any amendment to the Bill to initiate a foreign influence registration scheme. Careful drafting will be required to catch those who are consciously and deliberately, or unreasonably and recklessly, acting on behalf of another state and its interests, without criminalising every parliamentarian who runs a bilateral international friendship group, for example. High on the agenda must be the issue of dodgy donations from questionable sources to political parties and campaigns—another good reason for the closest possible examination of the provisions that the Government eventually bring forward.”
“There is such a distinction. One could certainly argue that it is a graver offence for someone entrusted officially with secrets to breach that trust than for a journalist who thinks he has a scoop but knows that he might be harming the national interest to proceed nevertheless, recklessly or with deliberate intent to do harm. However, we are not talking about a spy rifling through a filing cabinet and taking pictures with his Minox camera; we are now in an age when a technician can download a gigabyte of information in a short period and have it published worldwide, unread even by the people who have published it. That is where there are huge gaps in the legislation, and closing them will require revisiting the 1989 Act.”
“The Minister will recall that when I asked for a commitment from the Home Secretary about a Committee of the whole House, she indicated that he might be able to give that commitment when responding to the debate. Will it be a Committee of the whole House?”
“We have nearly half an hour. I do not know why this Minister is making such a fuss about the urgency to conclude a debate that is scheduled to run until 10 o’clock if necessary. For some very unclear reason, the Government decided to introduce what should be a major plank of the legislation not at the beginning, so that we could include a proper debate on Second Reading, but through an amendment, when the process was under way. All we want to know is that the whole House can debate properly something that we have not yet seen, so there must be a Committee of the whole House, otherwise we will have only the meagre opportunity offered by Report. He should not be blasé in dismissing that suggestion.”
“One last time: the Minister has taken a lot of interventions about the matters that are in the Bill, but there is a whole tranche that is not in the Bill that will be introduced in an amendment, and he has only briefly touched on that. That is inevitable, because it is not in the Bill. When that tranches comes into the Bill, the whole House should have an opportunity properly to debate it.”
“Given the cavalier way in which these rules were interpreted in No. 10, does my right hon. Friend agree that rules of such intrusiveness and rigidity must never again be imposed on the British people as a whole?”
“I think I heard my name in the list the Secretary of State read out earlier. As early as April 2017, the Select Committee on Defence recommended a statute of limitation combined with a truth recovery process. One reason we felt able to recommend this is that the Northern Ireland (Sentences) Act 1998 meant that no one, no matter how many murders they had committed, could face a jail sentence of longer than two years, which meant being released in one year or 18 months at most. So there is no question of punishment fitting the crime, and there is no question of it not being the same for service personnel and terrorists—the Act has already established that—so the question is, what will stop the process, because the process of trying elderly veterans is the punishment, rather than the sentence.”
“Given the length of time that this has all gone on, is it not quite clear that there is no way that there is a single solution around which consensus can be built? Therefore, the Government are left with two choices: either do nothing and carry on as has been happening, or come forward with the best solution they can come up with, in the full knowledge that everybody who has been fighting among themselves without reaching a solution will find something to object to in it. The fact that they are all objecting to it by no means means that this is wrong; it is the only way forward, other than doing nothing.”
“However, there was a difference then, in that legislation had not been passed—as it was felt necessary to pass it in this context in 1998 —to say that no matter how many people someone had killed, they could not be sentenced to more than two years in jail and they would not serve more than a derisory few months of that sentence. So the pass has already been sold on the question of getting justice for heinous crimes. We then come to the question of those who say, “Well, it is not so much the length of the sentence that matters, but that we should have our day in court.” There is another problem here: all these years have elapsed and people have not had their day in court, because there has not been enough evidence adduced.”
“We did so in 2017 with our first report, but I had heard of the concept of the statute of limitation some 50 or 60 years ago in the context of Nazi war criminals who were escaping justice because a certain number of decades had elapsed since they had committed their crimes. As it happens, a few years before I was born, the vast majority of my family in Nazi-occupied Poland was murdered for nothing more than the crime of being Jewish. I felt then, as I am sure the victims’ families feel now, that it would be outrageous for the perpetrators to get off simply because a certain amount of time had elapsed.”
“It was often said at the time, “Security forces personnel could go to prison for life, but terrorists could not be sentenced to more than two years in jail no matter how many people they had killed.” I had a meeting with MPs from both sides of the divide in Northern Ireland, including Sinn Féin MPs, who pointed out to me that, as far as they knew, that applied to the security forces just as much as it applied to the IRA. And they were right: it does. I think the Defence Committee was one of the first organisations, if not the first, to introduce the concept of a statute of limitation into the current debate.”
“I would be inclined to agree with many of the speeches made from the Opposition Benches, not least the eloquent one from the hon. Member for Rochdale (Tony Lloyd), if it were not for one salient fact. As part of the peace superstructure, in 1998 the Northern Ireland (Sentences) Bill was passed. That Bill put an end to the argument that we must not treat terrorists on the same level as security forces, because it does that in one sense only, which is that everybody is treated equally before the law.”
“That is exactly the central point. There are perhaps two ways of getting the knowledge. One way is to go on as we have been in trying to investigate these things piecemeal, with everybody trying to hide everything to the maximum because they feel that they will be prosecuted. The other way is to bring in a truth recovery mechanism which, in return for the granting of immunity, maximises the possibility that the truth may come out.”
“We have heard much about the trauma of the victim’s family, and I empathise with that totally—not least because of what I said about my family history—but we have not heard enough about the trauma of innocent service personnel and security forces who were being investigated over and over again. [ Interruption. ] I am delighted to hear murmurings of support from my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), who knows more about this than most.”
“I can happily live with that compromise, if the hon. Member for North Down (Stephen Farry) can do the same. In our 2016-17 inquiry, we approached this question from the point of view that serving and ex-service personnel were being dragged into court—because we were worried not that guilty service personnel might be found guilty, but that innocent service personnel would be found innocent only after they had gone through a horrendous process of trial, investigation, reinvestigation, and on and on. There are numerous cases of perfectly blameless personnel who, as a result of vexatious litigation, have found themselves being investigated over and over again.”
“The professors also made it clear that international law required not a prosecution, but an adequate investigation, and that that requirement could be met by a truth recovery process. The one concession that I make to those who have been criticising the Bill is that the Government need to be absolutely sure that the truth recovery process that they propose will stand up to that test in international law.”
“That is absolutely right. It is all about protecting innocent service personnel from the vexatious use of the legal process. As I said in my intervention on the Secretary of State, it is not the punishment, but the process; indeed, the process is the punishment. In the Defence Committee’s inquiry, we were fortunate to discuss with four eminent professors the applicability of the statute of limitations. Of course, I do not attribute my views to any of them, but I record the then Committee’s gratitude to Professor Sands, Professor Rowe, Professor McEvoy and Professor Ekins. They made it very clear that any statute of limitations had to apply to everybody or to nobody; there could be no legislating for state impunity.”
“Bereaved families are being asked to make a sacrifice, but they are being asked to make it on behalf of a huge number of former soldiers and others in the security forces who deserve to be protected from vexatious pursuit through the courts. That is what the Bill is intended to achieve.”
“That is what we did in the Northern Ireland (Sentences) Act 1998, so the Labour party, which introduced that Act, has no basis on which to criticise a Bill that proposes exactly the same thing, for the same reason: to put an end to this persecution and, perhaps, to increase the possibility that, through the truth recovery process, families will find out more about what happened to their loved ones. One thing is certain: the families are unlikely ever to see the people who killed their loved ones brought successfully to court. Those people are even less likely to be convicted, and even if they were, they would serve only a few months in jail.”
“I am glad to see the Secretary of State and the Minister of State nodding, because it is essential that the process stand up to the test. As I said in my intervention on the hon. Member for Gordon (Richard Thomson), we can do one of two things. We can do what the Opposition parties want, which is to go on investigating cases more or less ad infinitum with very few prosecutions and even fewer convictions, but with a miasma of fear percolating among people who know themselves innocent—particularly those who served with distinction in the armed forces, but feel the sword of vexatious legal persecution hanging over them. We can go on with that process in the almost certainly vain hope of convicting a few more murderers, or we can protect those people, but the only way to protect them is by protecting everyone.”
“Last Friday was the 36th anniversary of the rebel amendment in the House of Lords proposed by Lady Cox, which banned the indoctrination of schoolchildren with partisan political views. Does the Secretary of State accept that the concept of anti-nuclear education, and of anti-imperialist education, which led to that ban, are to be compared with the concepts of vicious identity politics and of the decolonisation of subjects, which rightly fall foul of the legislation he cited?”
“When senior managers and administrators are found to be directly involved in gross negligence and deliberate cover-ups, will they lose their jobs or will they be allowed to continue?”
“I am a little concerned about the point raised by the right hon. Member for Dundee East (Stewart Hosie), because many, if not most, of these protesters feel that their cause is the most important thing in the world—in fact, some of them think that they are saving the world. If, therefore, they can give excuses of that sort by way of a reasonable explanation of what they are doing, is not the legislation leaving a loophole? In particular, I have in mind some previous cases where anti-nuclear protesters broke into military bases and damaged military equipment, and certain courts felt that they should be acquitted because their motives were to try to prevent nuclear war, even if, in fact, it has the opposite effect.”
“I cannot see what these general points about the record of individual Ministers have to do with the substance of the Bill. What does have to do with the substance of the Bill is the difference between the right to protest peacefully within the rules and the right to insist on repeatedly bellowing a message—on and on and on—irrespective of the fact that other people have heard it and now want to exercise their right to go about their normal life. If I had insisted on intervening on the right hon. Lady when she was not allowing me to do so, that would be the parallel with the sort of abuse these measures are designed to stamp out. I obey the rules, and so should protesters.”
“The idea that the same people could go on protesting day after day after day without being interfered with by the police, either for obstruction or causing a public nuisance, is ridiculous. What will she do to defend the right of other people to go about their normal lives once the protest has been made but the protesters will not stop?”
“I thank the right hon. Lady for giving me a second bite of the cherry. I fear I have to confess that I am possibly the only Member here today who was actually arrested once—for taking part in a counter-demonstration 40 years ago, when we played the national anthem in public against a group of protesters against the Falklands taskforce, which was embarking to the south Atlantic. The point that I am trying to get over to the right hon. Lady with the use of the words “bellowing” or indeed “incessant bellowing” is this: when the huge pro-nuclear and anti-nuclear demonstrations took place, everybody stopped and allowed each other to have their protest; and then the protest was over, and that was that.”
“As someone who, for decades, has gone around with a heavy chain and padlock to secure my motorcycle, I have never found myself in a situation where I was carrying that device but did not have my motorcycle with me, so hon. Members should think about that. However, what my hon. Friend is explaining so lucidly has been thought of before. To return to the anti-nuclear protests, there was even a term for it—NVDA, which is non-violent direct action. It is not violent, but it is not really peaceful, because it is deliberately breaking the law. I think that is the distinction that he is correctly trying to draw between that and peaceful legitimate protest.”
“Several years after the fall of the Berlin Wall, we were still spending 3.5% of GDP on defence. Successive Defence Committees have now called—even before the present crisis arose—that we should raise our target not from the minimum of 2% of GDP, but to at least 3% of GDP. It is a matter of priority. What has happened to Ukraine shows where our priorities must lie.”
“At that stage, the best suggestion that I could make—at that time, let us face it, none of us expected Ukraine to resist as successfully and as courageously as it has so far been able to resist—was at least to offer a Ukrainian Government-in-exile a home here in Britain if their country became, as appeared likely, overwhelmed by massive Russian firepower. So far at least, there is every sign that such an offer will not have to be made. The lesson that we must take away from that is that we must always have a full range of military preparedness, because we do not know what the threat will be, we do not know when it will arise, and we do not know how it will turn out when it happens. I end by saying, as I have said so many times before, that as recently as the mid-1980s we used to spend 4.5% to 5.1% of our gross domestic product on defence.”
“The three concepts are: deterrence, which is carried out by nuclear weapons primarily; containment, which is carried out by conventional weapons primarily until such time as the potential enemy has had a chance to evolve or implode, but either way until it can no longer cause a threat; and, finally, the unpredictability of future conflicts—the unpredictability of when or if they will arise, and the unpredictability of what will happen when they do arise. My mind goes back to 24 February, the day of the invasion, when there was an exchange with the Prime Minister on the Floor of the House.”
“Therefore, there is a certain appropriateness in the decision now of two countries—Finland and Sweden—with a tremendous history of neutrality, albeit strongly armed neutrality for purposes of self-protection, to apply now to NATO in order to prevent themselves being exposed and suffering the fate that Ukraine looked as if it was going to suffer, and which Belgium, Norway and the Netherlands had suffered in 1940. That leads me to the only other point that I will make in this short contribution, which I have said before and will continue to say. Despite many years of thinking about these matters, all I can come up with in the end are three concepts summarised in half a dozen words.”
“It was that in 1940 they had all been neutral, and in 1940 they had all been invaded and occupied nevertheless. The proposal that those three Foreign Ministers put forward, which in the fullness of time led to the Brussels treaty and eventually the formation of NATO, was that Britain should be offered strategic bases in their countries once they had been liberated, and once the war was over, so that they could never again be occupied, despite their pacific intentions, by another European power.”
“Member for Glasgow South (Stewart Malcolm McDonald), was even born—that I had a conversation with the late, great strategic historian Professor Sir Michael Howard on the proposed subject of my doctoral studies, which was how the British empire, as it still was at the time, prepared to adopt a strategy for after the defeat of Germany and Japan, and how the possible revival of German and Japanese threats gave way to a confrontation with our erstwhile allies, the Russians. What I was surprised to find was that the first thinking about this went back to the end of 1941: Trygve Lie, the Foreign Minister-in-exile of the Norwegian Government, made an approach to the British Foreign Office and was soon joined by the Foreign Ministers in exile of Belgium and the Netherlands. What did Belgium, the Netherlands and Norway all have in common?”
“Thank you very much for calling me to speak so early, Mr Deputy Speaker. When one has discussed these sorts of subjects for a very long time, it becomes rather difficult to avoid simply saying the same things over and over again. On the principle of trying to say at least one new thing that I have not contributed to a previous debate, I wish to refer to the role of formerly neutral states in the formation of NATO. It comes as something of a shock to me to realise that it was in 1975—substantially before the admirable defence spokesman for the Scottish National party, the hon.”
“My right hon. Friend has done excellent work on protecting leaseholders over the cladding scandal as a result of revisiting Government policy. Will he revisit another Government policy that affects leaseholders badly: the encouragement of building new floors on top of existing apartment blocks? Having experienced this disaster myself, I know only too well how shoddy workmanship then leaves leaseholders picking up the bills for a development that they did not want and they had to endure for months on end.”
“I think the Government are to be strongly commended for all the economic sanctions work they are doing, but how can that prove effective as long as Germany is pumping billions of euros into the Russian economy week in, week out for oil and gas?”
“I welcome the right hon. Gentleman’s generally consensual approach, but the fact is that if we entered into a new military or security relationship with Europe but without the United States, we would be fatally undermining the deterrent power of NATO. Putin would like nothing more. Will the right hon. Gentleman please be more careful in his recommendations? That is my advice.”
“Very much in the spirit of consensus, I will entirely concede the right hon. Gentleman’s point if he believes that the effect of our being part of that conversation would be to help stop Germany paying for Russia’s war effort, as unfortunately it is at the moment.”
“I am not quite satisfied yet with the answer we are getting on the question how we should be helping Ukraine to counter that. Matching artillery piece for artillery piece is not the answer, any more than matching tank for tank or aircraft for aircraft. We need to see a smart system of eliminating Russian artillery, in the same way that its other heavy equipment has been eliminated.”
“Goliath was armed with all the might and the conventional weapons, but David was armed with a slingshot—a simple weapon that nevertheless proved more than a match for the traditional might of Goliath. I suggest to the House that that is why, in most areas of the war it has been trying to wage, Russia has not been doing very well. Our Defence team can take a lot of credit for that, in terms of what they have supplied to Ukraine. Ukraine has been supplied with slingshots, in the form of missiles, that have meant that Russian aircraft are not safe in the skies, Russian tanks are not safe on land and Russian ships, as we have seen, are not safe in the Black sea. However, there is one shot left in Goliath’s locker: the cruel, ruthless bombardment, from an apparently safe distance, by artillery, of Ukrainian cities.”
“I must say to the House that, while I praise all the efforts being made on sanctions, sanctions will not affect the outcome of this war unless and until Germany stops paying billions of euros to Russia to fund it. By all means let us go on with sanctions, but let us not fool ourselves into thinking that they can possibly be decisive under the present economic flow of wealth from Europe into Russia. I want to make a point that I have not made before in these debates: this is clearly a David versus Goliath contest. People will nod at that and say, “Well, that’s a bit obvious.”, but I suggest that right hon. and hon. Members remind themselves why and how it was that David beat Goliath.”
“I venture to suggest that when that time comes, it will be seen that one of the key factors that weighed heavily in Putin’s decision to do this monstrous thing of invading and raping the country of Ukraine was the way in which a new and apparently weak United States President betrayed the mission in Afghanistan—leaving not even in an orderly way, but in a disorderly way under the arbitrary pressure of a symbolic deadline. That, I am sure, sent a signal to Putin that he would never have a better chance than now to flex his military muscles. There are the military means of opposing this invasion and the economic means of opposing it.”
“I do not propose to dwell on the issue of the EU and its aspirations for a combined military voice, whether alongside, apart from or instead of NATO. All I say to the House today is what I have said for many years: without the United States and its military presence and power, there is no security for Europe, and I include the United Kingdom in that concept of Europe. Once upon a time, it seemed crazy to suggest that the Kremlin archives would ever be opened, but at the end of the first cold war they were, and who knows, one day they may be opened again.”
“In earlier debates on 9 and 15 March, I set out my analysis—for what it is worth—of the nature of Putinism in the context of post-communist Russia, and I do not propose to try the patience of the House by repeating all that now. I will just say once again that the great country of Russia is in the grip of a sick, cynical psychopath who is himself firmly in the grip of small-man syndrome. Thus, he waves his shiny new intercontinental ballistic missiles at the world as if it had not been the case for the last half century that if Russia had wished to destroy the west, or if the west had wished to destroy Russia, either could have done that within the lifetime of a day. What we have to look at more specifically are the political and military forces at work.”
“We want the Russians to think that every time they fire an artillery round, their artillery piece is going to be destroyed. We have a very capable Defence Minister doing the wind-up—I am delighted to see him nodding—and that is my one point that I wish to see addressed, because if we can show Goliath that all his weapons are useless and that we can supply the slingshots, perhaps Goliath will decide that it is better to stay away from the battlefield.”
“I do not dispute that at all, but we must remember that Russian artillery has Ukrainian cities to aim at, whereas Ukrainian artillery would only be aiming, presumably, at Russian artillery. That may be the best answer there can be, but I would have thought that some of the more modern, smarter systems such as suicide drones might be a more effective response. That leads to my final point. When people say, “What does victory look like?”, it is not so much a question of victory over Putin as of showing Putin that, unless he desists from this, he will end up much worse off than if he gives up. What has happened so far is that his troops have paid a price that has not shown commensurate gains—his aircraft similarly, his tanks similarly and his ships similarly—so all he has left is this method of artillery.”