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UK PARLIAMENT · SITTING

Sir Julian Lewis

MP for New Forest East · Conservative · United Kingdom

IN THEIR OWN WORDS

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.

CIVIL SERVICE PENSION SCHEME · 2026-09-15 · READ IN HANSARD

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…

CIVIL SERVICE PENSION SCHEME · 2026-09-15 · READ IN HANSARD

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…

SAUDI EAST-WEST OIL PIPELINE · 2026-09-15 · READ IN HANSARD

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.

UKRAINE AND RUSSIA · 2026-09-10 · READ IN HANSARD

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…

BUSINESS OF THE HOUSE · 2026-09-10 · READ IN HANSARD

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%.

UKRAINE AND RUSSIA · 2026-09-10 · READ IN HANSARD

The complete record

Every one of 3,750 lines we hold for Sir Julian Lewis, in date order, each linked to its source. Free to read, in full, without an account. Page 33 of 75.

  1. Minimum deterrence relies on the fact that possession of a last-resort strategic nuclear system that can be guaranteed to inflict unacceptable and unavoidable devastation in response to nuclear aggression does not require any ability to match the aggressor missile for missile or warhead for warhead. Nuclear superpowers have huge overkill capabilities that offer zero extra protection against countries with much smaller weapons of mass destruction arsenals, as long as the latter can retaliate with an unstoppable and unbearable counter-strike against any nuclear aggressor who is seeking to wipe them out. Overkill capabilities may have symbolic political value, but in the dread event of a nuclear exchange, all they can do, as was famously said, is to “make the rubble bounce”.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  2. If the hon. Gentleman, whom I regard as a friend, waits for the next part of my analysis, I hope that all will become clear. However, it is absolutely the case that nuclear weapons, as a deterrent, do not deter every sort of threat that could be ranged against us. If they did, we could abolish all the other armed forces. The truth of the matter is that they deter other weapons of mass destruction. Unless there were a development in the cyber world that could inflict destruction on a mass level comparable with a nuclear exchange, it is entirely incredible to think that nuclear weapons would be used in retaliation to an attack of that sort. I hope that satisfies him on the main point that he was making.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  3. In a conventional war taking place in a nuclear-free world, the former nuclear powers would immediately race to reacquire the bomb. The first to succeed would then use its monopoly, as occurred in 1945. If the treaty’s vision of general and complete conventional disarmament ever becomes reality, then nuclear weapons can indeed also safely be declared redundant; but, until that day dawns, the United Kingdom is perfectly capable of changing the size of its warhead stockpile without breaching the non-proliferation treaty in order to maintain indefinitely the credibility of its strategic minimum deterrence policy.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  4. Previously, on 14 March 2007, Parliament had voted by 409 to 161 in favour of proceeding with the initial gate for renewal of the Trident submarine fleet. Even that huge majority was eclipsed on 18 July 2016, when it rose to 355 after MPs voted for the decisive main gate stage to proceed by 472 to only 117. There is nothing in article VI of the non-proliferation treaty that requires any country already in possession of a recognised nuclear arsenal to get rid of it and to achieve a nuclear-free world prior to a state of grace when general and complete conventional disarmament—also referred to in the non-proliferation treaty, but seldom cited by those who quote it selectively—can be guaranteed. There is a very good reason for this, because if we were to abandon all nuclear weapons in an unreformed world, that would be a recipe for disaster.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  5. What seems most unlikely is an intention to invest in additional warheads of the existing design. We are certainly cancelling their reduction from a theoretical maximum of 225 to one of only 180 for any or all of the four reasons listed, particularly the first explanation. Raising the maximum from 225 to 260 to provide extra headroom for the eventual transition from current warheads to their replacements is a sensible explanation, though not a conclusive one, given that the changeover is not due to happen for well over a decade. Despite the imposition of a dedicated supporter of the Campaign for Nuclear Disarmament as the Leader of the Opposition in 2015, hon. and right hon. Labour Members ensured that their party’s policy remained multilateralist.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  6. Explanation 2—quite probably—is that it is to give more headroom for the time, in the late 2030s or early 2040s, when we are due to exchange our current stockpile of warheads for next-generation nuclear warheads, while at the same time preventing disruption of our continuous at-sea deterrent patrols. Explanation 3— possibly—is that it is to send a signal internationally that the UK is determined to keep nuclear weapons as long as other countries have them and remains committed to doing whatever is required to maintain their invulnerability. And—here it comes—explanation 4, conceivably, is that it is also tailored for a domestic audience worried about cuts in the size of the Army, in order to offer reassurance, or at least to divert some attention from those reductions.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  7. Let us see if the hon. Gentleman was right in anticipating what I have to say. In the absence, at present at any rate, of any briefing on the issue, classified or otherwise, from my parliamentary colleagues on the Defence ministerial team, here are the four possible explanations that occur to me. Explanation 1—most probably, as already stated—is that it is an insurance policy to prevent a potential aggressor from calculating that advances in anti-ballistic missile systems have reduced our retaliatory capability to a point where our response to an attack becomes bearable or even avoidable.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  8. I do not wish to inject a depressing note into proceedings, but the Minister mentioned the Taliban in Afghanistan. There are many of us who are very concerned about the announcement of a specific end date without a clear military support plan for the Government for which our troops have sacrificed so much. It does not sit well with the objectives that we set ourselves all those years ago in intervening in Afghanistan. I wonder whether he can say anything about that.

    UK DEFENCE SPENDING · 2021-06-24 · READ IN HANSARD

  9. I refer to my entry in the Register of Members’ Financial Interests. Last week, The Sunday Times detailed the colossal sums imposed on ordinary people by rapacious freeholders and reckless developers. Why should anyone risk purchasing a lease on a residential flat if we fail as a Government to protect innocent leaseholders from bearing the costs of defective extra storeys or defective extra cladding forced on them by those who are actually responsible for such terrible defects?

    HOME OWNERSHIP · 2021-06-22 · READ IN HANSARD

  10. Given our shared belief that without the US and NATO there can be no security for the UK and Europe, does my right hon. Friend recall the strain on Anglo-American relations caused by Huawei’s infiltration of our critical national infrastructure? Will he therefore ensure that companies with dodgy and dubious links to the Chinese and Russian regimes will be firmly and fully shut out from building or operating our vital data and power pipelines in future?

    G7 AND NATO SUMMITS · 2021-06-16 · READ IN HANSARD

  11. It is encouraging that General Dynamics has been able to make a vehicle work satisfactorily in the United States, so will my hon. Friend confirm that the Government will not be rushed into bringing this already much delayed vehicle into service until these problems are solved to the satisfaction of the people in the armed forces who will have to fight in it?

    AJAX PROGRAMME · 2021-06-08 · READ IN HANSARD

  12. The statistical snapshot that my right hon. Friend gave in his statement showed that just over 2% of people hospitalised with the Indian variant had had both jabs. In order to encourage everyone to get vaccinated, will he in future publish on a daily basis how many patients in hospital with covid have previously had one jab, two jabs or no jabs at all? If that information is not held centrally, should it not be?

    COVID-19 UPDATE · 2021-06-07 · READ IN HANSARD

  13. The shadow Minister is a considerable specialist in this field; I particularly endorse what she says about the importance of a non-partisan approach to national security in this and other legislation. As noted on Second Reading, the Intelligence and Security Committee of Parliament has long been concerned about the security of the UK’s telecommunications networks. Our 2013 report “Foreign Involvement in the Critical National Infrastructure” identified serious failings in the way that successive Governments had managed the entry of foreign telecommunications companies into the UK market—Huawei especially—and we urged the Government not to sacrifice security in the pursuit of investment when it came to our critical national infrastructure.

    TELECOMMUNICATIONS (SECURITY) BILL · 2021-05-25 · READ IN HANSARD

  14. In support of what my right hon. Friend says, he will recall that one of the main reasons why the Government felt it so difficult to rid themselves of Huawei was that there would then be only two remaining possible suppliers, and if one of them got into difficulty, we would have total dependence on a single supplier. If we do not diversify, it really has knock-on effects: we sometimes have to improperly consider using suppliers that are really a risk to our security.

    TELECOMMUNICATIONS (SECURITY) BILL · 2021-05-25 · READ IN HANSARD

  15. I am sorry to have to reiterate this point. There are other ways in which our concerns could be addressed, such as by adjusting our memorandum of understanding, rather than putting it on the face of the Bill, so I am with my hon. Friend as far as that is concerned. However, it is very clearly within our remit to oversee not only the agencies but those parts of other Departments where highly classified information is concerned. That is just a matter of fact—it is in the agreement between us and the Prime Minister.

    TELECOMMUNICATIONS (SECURITY) BILL · 2021-05-25 · READ IN HANSARD

  16. I am very happy to agree with what the Minister has just said. It would not be necessary to keep trying to put these provisions on the face of each individual Bill every time a new unit is set up in a different Department, or a new duty laid on a different Department, if it could be agreed with the Government that the memorandum of understanding would be adjusted as it is meant to be adjusted when these changes occur. However, sadly, no Front Bencher has yet been able to give us an assurance that that is going to happen, and I know that the Minister will not be able to do so, either.

    TELECOMMUNICATIONS (SECURITY) BILL · 2021-05-25 · READ IN HANSARD

  17. I hope we are not so naive as to believe that the Taliban will stick to any peace deal unless they recognise adverse consequences for breaking it. So will the Government take steps, in conjunction with the US and other NATO allies, to find a new strategy, possibly based on a strategic base in the region, to deter the Taliban and protect Afghanistan from a total Islamist takeover after our land forces have totally been withdrawn?

    AFGHANISTAN: WITHDRAWAL OF UK FORCES · 2021-05-24 · READ IN HANSARD

  18. May I underline what the Chair of the Foreign Affairs Committee said about the dangers of the Nord Stream 2 pipeline in this context? When adopting this aerial adaptation from the Putin playbook of how to deal with dissidents, Lukashenko was clearly expecting an outcry, but already we are hearing suggestions that we must not be too harsh against Belarus, otherwise we will be driving him further into the Russian embrace. Will the Foreign Secretary ensure that no such argument of appeasement will be accepted by him and his fellow Ministers?

    BELARUS: INTERCEPTION OF AIRCRAFT · 2021-05-24 · READ IN HANSARD

  19. It really is enormously frustrating for those of us who, time and again, have made representations to Treasury Ministers on behalf of victims of the loan charge, only to be knocked back by ripostes relating to tax avoidance schemes, that now, when people who have suffered from the loan charge are urging colleagues on this side of the House and no doubt on the other side as well to take steps to ensure that people are not trapped in these schemes in the future, the Government do not want to give them that added layer of protection, so they seem to be wanting to hit them in both directions.

    FINANCE BILL · 2021-05-24 · READ IN HANSARD

  20. How much better will it be to take a leaf from the book of what was done so successfully in South Africa by substituting for investigation and prosecution, with little chance of success, a truth recovery mechanism to bring closure to the bereaved?

    AFFORDABLE AND SAFE HOUSING FOR ALL · 2021-05-18 · READ IN HANSARD

  21. That report drew heavily on the expert testimony of four eminent law professors that was given on 7 March 2017 and is well worth studying today. Their testimony made it clear that anything done to resolve the question of vexatious reinvestigations and prosecutions must apply across the board. It later became clear that, as a result of the Northern Ireland (Sentences) Act 1998, no more questions should be raised about putting terrorists and security forces on the same level. Everyone is on the same level before the law, and the 1998 Act said that even the most heinous murders would result in nothing longer than a two-year prison sentence.

    AFFORDABLE AND SAFE HOUSING FOR ALL · 2021-05-18 · READ IN HANSARD

  22. For example, will we maintain in the region a strategic base from which action can be taken if necessary? Finally, I will refer to this, as opposed to just mentioning it in passing. According to a rather impressive scoop by Larisa Brown in The Times a few days ago, some very good news about the plight of Northern Ireland veterans is coming at last. It appears that troubles-related cases, up to the signing of the Belfast agreement, will have a line drawn under them, and that will be coupled with a truth recovery mechanism on the model of what was done in South Africa on the inspiration of Nelson Mandela. The proposals, if true, are closely aligned with the recommendations of the Defence Committee’s seventh report of 2016-17, published in April 2017.

    AFFORDABLE AND SAFE HOUSING FOR ALL · 2021-05-18 · READ IN HANSARD

  23. That loss will not happen to war widows in the future, but it has not been put right for war widows in the past. I would refer to the possible misdiagnosis of veterans, who in reality have mild traumatic brain injury resulting from blast injuries in Afghanistan or Iraq but are being misdiagnosed as suffering from post-traumatic stress disorder. I would refer in particular to the urgent necessity to permit to resettle in the UK, before they become trapped, locally employed Afghan civilians, including interpreters, who helped our troops. That could lead to a wider debate about what we and our NATO allies can do to deter or counteract a total Taliban takeover in Afghanistan and the slaughter of those we supported and encouraged for so many years.

    AFFORDABLE AND SAFE HOUSING FOR ALL · 2021-05-18 · READ IN HANSARD

  24. Teenage totalitarians are shutting down free speech, egged on by activist academics and compliant administrators who could not win an election if their lives depended on it. The latest case is of a mature law student on the eve of her finals threatened with the loss of her degree for defining a “woman” in terms with which more than nine out of 10 people would agree. The Education Secretary’s proposals to put an end to such abusive indoctrination cannot come too soon. No day was selected by the Opposition to focus on defence, foreign affairs or security. If time permitted today, I would return to such issues as I have raised in the past, including that of the 250-plus war widows who are still waiting for the return of their war widows’ pensions, forfeited when they remarried or cohabited.

    AFFORDABLE AND SAFE HOUSING FOR ALL · 2021-05-18 · READ IN HANSARD

  25. Thank you, Mr Deputy Speaker, for pointing out at the beginning of today’s debate, that there is no restriction on the subjects that can be raised on any day of the debate on the Queen’s Speech. Before I move to address other subjects, I would like to say how pleasing it was to see the Secretary of State nodding in response to the Chair of the Select Committee’s invitation to work on a cross-party basis on the grave concern about the plight of leaseholders following the cladding scandal. I am sure that the Secretary of State is as concerned as Members on both sides of the House by reports of leaseholders facing bankruptcy and lease forfeiture right now, which must be prevented at all costs. Barely a day goes by without some fresh horror story emerging from our universities.

    AFFORDABLE AND SAFE HOUSING FOR ALL · 2021-05-18 · READ IN HANSARD

  26. It seems rather strange that it should be said, “We are not changing the rule—we are just clarifying what the House meant previously, and when it previously said that the person has to still hold a parliamentary pass, what it really meant was that he or she did not have to be holding a parliamentary pass at all.” That is surely not a clarification of the rule; it is a change of the rule and, therefore, it should be forward-looking and not retrospective, should it not?

    AMENDMENTS TO THE INDEPENDENT COMPLAINTS AND GRIEVANCE SCHEME · 2021-04-28 · READ IN HANSARD

  27. I apologise to you, Mr Deputy Speaker, that I did not hear the opening comments from the Leader of the House because I was chairing a Committee meeting in another building. Following as closely as I can what the shadow Leader of the House is saying, as I understand it—on this particular paragraph 4.3, about passes—I presume that she would not have any objection to a change in the rules saying, “Passes used to be required but no longer will be required”, as long as that applied only to future cases.

    AMENDMENTS TO THE INDEPENDENT COMPLAINTS AND GRIEVANCE SCHEME · 2021-04-28 · READ IN HANSARD

  28. I know that my right hon. Friend will only be able to give me his opinion on this, in the light of what he has just said, but does he know of any specific historical case that is currently under way that would be ruled out of scope unless the rewording of paragraph 4.3 was applied retrospectively?

    AMENDMENTS TO THE INDEPENDENT COMPLAINTS AND GRIEVANCE SCHEME · 2021-04-28 · READ IN HANSARD

  29. My understanding is that very few promoters of these schemes have been prosecuted. Is it not rather shocking that so many people who were mis-sold the schemes on the basis that they were perfectly legitimate are being pursued so relentlessly, while the promoters are in some cases being allowed to continue their work unhindered?

    LOAN CHARGE: PROSECUTIONS · 2021-04-27 · READ IN HANSARD

  30. If we want the United States to help defend our interests in Europe, it is only right that we should help it defend common interests in the far east. Does the Secretary of State accept that having Americans intimately involved in this whole process adds to the deterrent effect of a carrier strike force? We do not want to get, in the digital age, into a situation where a surface ship, no matter how powerful, up against a peer enemy armed with hypersonic missiles, might find itself at a fatal disadvantage, but for the deterrent effect of our joint activity with our strategic allies.

    CARRIER STRIKE GROUP DEPLOYMENT · 2021-04-26 · READ IN HANSARD

  31. I hate to be slightly disobliging, but it is a fact, is it not, that the staffs of these Select Committees do not have the clearance necessary to see or handle top secret material, and showing a top secret document to the Chair of a Committee on his or her own, briefly in very limited circumstances, does not amount—as I will explain shortly—to effective scrutiny?

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  32. The first claims that because BEIS is not listed in the Justice and Security Act 2013 or in the associated memorandum of understanding on the scope of our work, the ISC cannot look at decisions taken by the new unit in BEIS. That is based on a false premise. During the passage of the 2013 Act, the Government explicitly and repeatedly told Parliament that the Act and the MOU would provide the ISC with oversight of all security matters across Government. The MOU mechanism, again, in the Government’s own words, was a “flexible” way to ensure that the list of organisations working on security matters and therefore subject to ISC oversight would be kept up to date.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  33. They would allow the Secretary of State to move any classified information into an annex and to provide that classified annex to the ISC. With the amendments in place as they currently are, we could be confident that the Bill will create the robust regime needed to protect the United Kingdom. Given the powerful speeches from all quarters and the size of the majority in the other place in support of the amendments, it is surprising and disappointing that the Government remain opposed to them and are seeking to overturn what is clearly common sense. The amendments provide for the ISC to scrutinise the highly classified national security elements and the weighing of those classified elements against commercial concerns. There appear to be three arguments employed by the Government against the amendments.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  34. The Government ought to accept amendments 11 and 15 from the other place, introduced on a cross-party basis by former Security Minister and current ISC member Lord West, former Cabinet Secretary and former ISC member Lord Butler, former party leader and former ISC member Lord Campbell, and former Defence Secretary Lord King—who was of course the first Chairman of the Intelligence and Security Committee when it was established. Their amendments make provision for that previous lack of oversight. They would require the annual report produced by the new Investment Security Unit in BEIS to include, for each final order and notification made, the Secretary of State’s decision, along with the security services’ assessment of the national security risks uncovered.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  35. The Intelligence and Security Committee greatly appreciates the work of the Minister and of his predecessor on this important legislation. I was on the Committee in June 2013 when we identified the risks posed by foreign investment and takeovers to the United Kingdom’s critical national infrastructure, citing Huawei as a case study—and we know what happened after that. We strongly support the Government’s decision to address those risks and we welcome their assurances that national security concerns sit at the very heart of the Bill. That is exactly as it should be. However, what was not as it should be, with the Bill as originally drafted, was the lack of adequate oversight arrangements for those security concerns and for the process when they are weighed against business and other commercial concerns by the new Investment Security Unit.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  36. Indeed, if the Government were willing to give an undertaking here and now to add the new unit to those listed in the MOU, the need for these amendments would disappear.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  37. The functions undertaken by a Department one year may be undertaken by another the following year… An MOU is flexible: it can be changed much more easily than primary legislation. It will enable the intention of the Government that the ISC should have oversight of substantively all of central Government’s intelligence and security activities to be realised now and in the future.” –– [ Official Report, Justice and Security Public Bill Committee, 31 January 2013; c. 98.] The setting up of the new Investment Security Unit in BEIS is therefore precisely the situation that the Government assured the House that the MOU was designed to address, and the unit can easily be added to the MOU by a simple exchange of letters.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  38. I will give way in a moment, because I would like my right hon. Friend to hear this next bit, as I think there was a bit he was missing in his earlier intervention. These words were used in Committee in my presence by the then Security Minister, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), when introducing the 2013 Act. He said: “I want to be clear that the Government intend that, through the provisions of the MOU, substantively all of central Government’s intelligence and security activities will be subject to ISC oversight.” –– [ Official Report, Justice and Security Public Bill Committee, 31 January 2013; c. 97.] As if that were not clear enough, he went on to say, and this is the bit that matters: “Things change over time. Departments reorganise.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  39. Proper oversight of the national security elements of any decision under this new regime within BEIS must include the ability to access, analyse and discuss top-secret material frequently and fully. The Government already have one body, and only one body, that can do all those things and that they created for that express purpose: the ISC. Members of the ISC are all subject to the Official Secrets Act and have a dedicated office with appropriate security facilities to store and discuss top-secret material freely, and staff who undergo the most stringent Government clearance processes before they are allowed to handle such material—I said in an intervention earlier that the staff of other Select Committees of this House are not so cleared. There is also a lengthy process through which the Committee’s reports must go ahead of publication.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  40. Select Committees cannot be given proper access to top-secret material in order to scrutinise effectively. Ministers have suggested that the BEIS Committee can substantively scrutinise such material, but that is impossible. While it is true, as we have heard tonight, that the provision of classified information can be negotiated with Select Committees on a case-by-case basis, the laying out of classified material in a secure room in the Department for Members to come in and read for an hour or so—but without allowing them to take any notes, without allowing them to retain it, without allowing them to share it with their staff, without allowing them to discuss it and without allowing them to report on it since any one of those would constitute a very serious security breach—does not amount to effective oversight.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  41. The Government’s second argument is that the BEIS Committee is both capable of providing and best placed to provide the necessary oversight. I have the greatest respect for the work and experience of the BEIS Committee, chaired by the hon. Member for Bristol North West (Darren Jones), from whom we will hear later. He and his Committee are indeed best placed to provide oversight of the business functions of the new Investment Security Unit, and there can be no doubt that that Committee will do an excellent job in that respect, yet it is simply impossible for it to provide substantive scrutiny of the highly classified national security elements or of the overarching decisions taken about how to balance them with the commercial elements.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  42. Unfortunately, and I am afraid unusually for my right hon. Friend, he missed one little part that was missing in turn from the Minister’s answer, because the MOU as it stands does not include the Investment Security Unit. The MOU has a list of seven organisations that we can currently scrutinise. The whole point about flexibility is that, as these units are set up in other Departments, they can be added to the MOU, but the Minister has given no undertaking to add the ISU to the MOU. I am happy to give way to the Minister. If he would like to say that he will add the ISU—the new unit within BEIS—to the organisations listed in the memorandum of understanding, I will stop my speech immediately and say, “Well done, Minister,” but I fear that that is not going to happen, so I will continue with my speech.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  43. I am not sure that without concrete examples of what my right hon. Friend has in mind, I am in a position to give an answer to that question. What I do know is that it is the work of the ISC, on a basis of professional, full-time constant monitoring, to be able to look at the activities of those agencies that cannot be looked at by other Select Committees. He seems to be talking about the power of Secretaries of State to call in decisions, and I am not sure quite how that relates to the work of either Select Committees or the statutory Committee, which is the ISC.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  44. The ISC, on behalf of Parliament, is able to scrutinise the input of the intelligence agencies into these processes. It would not be able to scrutinise how that input is then handled, and the trouble is that because that input is top secret, the BEIS Committee would not be able to scrutinise it either. That means that there would be a scrutiny gap between what was being scrutinised by us as it went into the process of the new unit and what was being scrutinised by BEIS minus that sensitive material, so there would be no effective parliamentary scrutiny of the process whereby, as I said earlier, the highly sensitive security requirements were being balanced and offset against the commercial imperatives. Indeed, that may be the very reason why the Government are so reluctant to let the ISC see what is going on.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  45. 98.] The matter before us today is exactly as described in 2013: an area of Government in respect of which the ISC has oversight responsibility has been moved to a different Department. The memorandum of understanding could therefore be updated to reflect this, by way of a simple exchange of letters, to add the Investment Security Unit to the list of bodies covered by the MOU. The ISC would happily accept a commitment from the Minister to this effect tonight, in lieu of the amendment. Either method will ensure what is needed: real oversight of the national security elements of this legislation by the only body constituted and equipped to carry it out, rather than what might be described as “scrutiny in name only”.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  46. If, for some reason we have not been told, the Government cannot accept provision for oversight on the face of the Bill, there is the other solution that I have previously indicated. The Justice and Security Act and the memorandum of understanding linked to it set out the ISC’s role and remit, which the Government expressly told Parliament was the oversight of all intelligence and security matters across Government, now and in the future. The memorandum of understanding mechanism was rightly described by the security Minister at the time, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), as “flexible” because “it can be changed much more easily than primary legislation.” –– [ Official Report, Justice and Security Public Bill Committee, 31 January 2013; c.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  47. The ISC already scrutinises these activities in their current form in the Cabinet Office, so it cannot be “overreach” to do in future something that we already do. If the Government do not maintain this existing ISC scrutiny when the new Investment Security Unit takes over, it will be a step backwards from the current position. If national security really is at the heart of the Bill, the ISC, as the national security oversight body, must be allowed to oversee it. The Government gave assurances to the House in 2013 that the ISC would oversee all security and intelligence matters. It is as simple as that. The sensible solution is that which was proposed and accepted in the other place—namely, the amendments that we are now being asked to reject for, as I have demonstrated, no good reason.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  48. That is what has always happened, perfectly harmoniously, in respect of a number of other Departments, so it is, again, bizarre that the Government now see this as a problem when they themselves have already made express provision for it. The ISC can work seamlessly with the BEIS Select Committee on oversight of the Investment Security Unit, as it already does with other Select Committees such as the Defence Committee and the Home Affairs Committee, and in respect of the work of the Foreign, Commonwealth and Development Office. Far from being an “overreach” of our remit, in this particular case the ISC is trying to prevent its existing scope from being reduced. The unit that currently carries out investment security work is based in the Cabinet Office. Consequently, it is already overseen by the Intelligence and Security Committee.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  49. The ISC will aim to avoid any unnecessary duplication with the work of those Committees.” With that machinery already in place, it is all the more baffling that the Government are now refusing to use the very body they created. Without including oversight by a properly structured and fully cleared security body, the Government are not placing security at the heart of the Bill. The Government’s third and final argument is that if the ISC had a role, it would encroach on the BEIS Select Committee’s remit. This, too, is baffling and not borne out by experience. The Government’s own MOU already expressly states that the ISC scrutinises the classified parts of some Government Departments, leaving the remainder to the corresponding departmental Select Committees.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD

  50. That is why paragraph 8 of the memorandum of understanding between the Government and the ISC categorically asserts: “The ISC is the only committee of Parliament”— I will say that again: “the only committee of Parliament that has regular access to protectively marked information that is sensitive for national security reasons: this means that only the ISC is in a position to scrutinise effectively the work of the Agencies”— and please listen to these next few words— “and of those parts of Departments whose work is directly concerned with intelligence and security matters.” A footnote to that sentence helpfully explains: “This will not affect the wider scrutiny of departments…by other parliamentary committees.

    NATIONAL SECURITY AND INVESTMENT BILL · 2021-04-26 · READ IN HANSARD