Examination of Witnesses

Telecommunications (Security) Bill – in a Public Bill Committee at 3:30 pm on 14 January 2021.

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Dr Scott Steedman and Charles Parton gave evidence.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak 4:14, 14 January 2021

We now move to the sixth and final panel of the day, which consists of Dr Scott Steedman CBE, who is the director of standards for the British Standards Institution, and Charles Parton from the Royal United Services Institute. We have until 4.45 pm for this session. Again, I ask the witnesses to introduce themselves for the record. May we start with Dr Steedman, please?

Dr Steedman:

Good afternoon, everyone, and thank you for the opportunity to attend the Committee this afternoon. My name is Scott Steedman. I am director-general of standards at BSI, the British Standards Institution. In my role, I have primary responsibility for the activities of the National Standards Body, which provides the UK experts—industry, Government and consumer experts—to participate in the development and maintenance of standards at the national, regional and global level.

Charles Parton:

Good afternoon. My name is Charlie Parton. I used to work as a diplomat, for 37 years, and the vast majority of that was working on China. Since I left diplomacy in 2017, I have continued to work on China. My “Mastermind” special subject, I suppose, is the Chinese Communist party and domestic politics, but of late, in the past couple of years, I have also been looking at strategy—UK relations with China—and, in that context, the question of Huawei and how we deal with technology and divergence.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

Thank you both, gentlemen. Let us start.

Photo of Dean Russell Dean Russell Chair, Speaker's Advisory Committee on Works of Art

Q Many years ago, I used to work in communications and did some work with Huawei as a client. I remember, 10 or 11 years ago, someone told me that about 80% of all electronic communications go through some form of Huawei technology across Europe. I do not know how true that was, or whether it was inflated, but I am interested to understand from your perspective, given the impact of the Bill, how you see what it proposes compared with what is being done in other countries, in particular looking at comparable countries such as our Five Eyes partners.

Charles Parton:

I think you are absolutely right to focus on our Five Eyes allies, in particular America and Australia—Canada and New Zealand at the moment are a little bit undeclared—which have come out very forthrightly to say that we really should not be entertaining Huawei in our systems. We have now followed them—even if only by 2027—and I think that is very much the right decision for a number of reasons, which I could go into if you wish me to.

I am not a technologist, and look at it much more from the political angle. It seems to me, if I may say briefly on the technology and the 5G system that is going to last us for the best part of 25 years and on which, no doubt, 6G will be built, that the idea that we can stay ahead in technology and be absolutely certain for the next two or three decades that we are ahead of the game and can keep them out of manipulating our data or using it in some advantageous fashion, is one of very great trust in our own abilities—first, they are putting enormous resources into it.

There are other reasons why the decision to get rid of Huawei was correct, and one is what I call the “black vulture of policy”. We have seen the way in which China will bully and sit on those countries that go against its wishes, in whatever field—way outside telecom. If you are dependent on another country’s systems, whether for getting equipment on time, or upgrades—let alone the more devious aspects of possible interference—I think that you will be looking at that black vulture and thinking, “Is it safe to pursue a policy that is very much in my interests, on telecoms, if I am going to be hit hard in other areas?” We have seen that: Australia, at the moment, is under the cosh; the UK was under the cosh when the Dalai Lama visited in 2012; Norway has been under the cosh, and so on.

In that context, are we saying that Huawei rules the Chinese Communist party’s policies? Of course not, but they are very intimately linked. I think that if the Chinese Communist party says to Huawei, “Jump!”, the only response from Huawei is, “Yes, sir! In what direction and how high?” You might look at the national security laws and say that those of course oblige them to co-operate and all that, but I do not think that matters so much—if the Communist party says, “Do it!”, they have no choice. If you look at how close they are, as another illustration, look at what is happening in Canada with the two hostages and the chief financial officer, Meng Wanzhou. Again, I could go into more detail if you want.

Also, there is the financial support that Huawei has received over the years, in terms of cheap finance, loans to customers, tax rebates and so on. Why does it do that? Because the Communist party wants to dominate the technology of the future, and Huawei is its tool for doing that. So I think that to trust Huawei in the long term would be a very unwise decision.

Dr Steedman:

Can I take us back to the Bill and talk in that context? We are in a period of very rapid technological development and evolution. Many countries, including the Five Eyes countries, have allowed the market to drive this forward and not perhaps paid attention to it. While this was a hardware-driven sort of infrastructure, that was possibly manageable, and we have managed it over the last few years fairly satisfactorily. But looking ahead to the 5G and, perhaps—who knows?—the 6G world, we have moved to a much more vulnerable position away from hardware and towards software.

I welcome this Bill because I think it is incumbent on countries that want to protect themselves with secure and resilient infrastructure, and because it puts in place a structure of regulation, guidance and standards, which I represent, that will enable a transformation in the industry of the United Kingdom. It will enable us to use technology and software from providers all over the world, but also from SMEs and start-ups in the UK that we can encourage, and create a really innovation-friendly future. But to do that we have to create a market framework that is structured under a quality piece of regulation that enables that to take place in a clear way—clear for the market, clear for the regulator Ofcom, and clear for the Department that manages it on behalf of the Government.

In this Bill we see clear statements about new duties, codes of practice and guidance—another form of standard —to be approved by a Secretary of State for the industry, and also indications about the use of industry standards to support and deliver a new policy. We can really play to our strength in the UK, where we work in a very performance-based market structure, and we can enable a pro-innovation culture that will stimulate and deliver the diversification, security and resilience that we are looking for.

It is not unusual in the world that major commercial players, given free rein, try to influence things in the direction that suits them best. It is not unusual. We are talking about China specifically, but it is not unusual. The key to this is ensuring that in the standards landscape, which is used to support the delivery of regulatory bodies, the governance and processes of the development of those standards is managed and influenced with UK stakeholder interest at heart. In the big landscape of standards, which we might want to talk about further, there is a very wide range of organisations developing standards, from the fringes to the formal systems, and we can discuss and deploy that in a coherent and consistent way.

There is evidence from other Departments of how this works in a co-regulatory manner, supporting industry, Government, Departments and the regulator to deliver the outcomes that we as a nation desperately want.

Photo of Chris Matheson Chris Matheson Shadow Minister (Digital, Culture, Media and Sport)

Q First to Mr Parton, we talk about Huawei, but is it the case that it is not Huawei but the Chinese state or the Chinese Communist party trading as Huawei? All the focus is on Huawei at the moment, but are there any similar companies, or front companies, that the Bill might have to cover in future? Bearing in mind the view that the Bill can help with diversification among trusted partners in the UK, how did Huawei get into such a dominant position globally? What can we do, perhaps in legislative terms within the framework of this Bill, to avoid that in the future?

Charles Parton:

Of course, Huawei got the headlines because of the urgent need for 5G, but you are absolutely right that it is not the only player in telecoms, and indeed telecoms is not the only subject. I think that we need to look much more seriously at the whole question of technological co-operation with China. This gets into the whole question of divergence, or decoupling if you are American.

We have to recognise that, whereas our aim in China relations is to maximise trade, investment, global goods and so on, there are increasingly limits because divergence is happening. The intention of the Chinese Communist party is to dominate. As Xi Jinping in fact said in his first speech to the Politburo, the intention is to dominate western capitalism. He said that the Chinese system will take the superior position. Clearly, technology and its advance is a very important way of doing that, so it is not just Huawei and 5G. Therefore, we have to look very carefully at the whole question—that, I suppose, is what lies behind the National Security and Investment Bill—of how we co-operate on technology with China.

I have called for this a number of times, as many others have. The Government will need to set up a body and give much clearer guidance on which subjects in this field of technology we can co-operate happily with China, as well as which organisations—many are connected with the military, and the distinction between civil and military technology is eroding—and which individuals, because there are a number of individuals who have taken back or collected technology to help the Chinese security apparatus develop it.

You are absolutely right that it is really important to look much more broadly than Huawei. The company that comes immediately to mind is Hikvision, because it has such a large amount of the CCTV market. Secretary of State Dominic Raab made an interesting point in his speech the other day about the reputational harm that could be done to some of our companies if they are co-operating with Chinese companies that are deeply involved in the surveillance state, of which of course Huawei and Hikvision are two. Huawei has three laboratories with the public security bureau in Xinjiang, and is devising for them technology that will enable them to pick out Uyghur faces in crowds. That is on that side.

I think your second question was, why has Huawei been successful?

Photo of Chris Matheson Chris Matheson Shadow Minister (Digital, Culture, Media and Sport)

Q How did they manage that dominant position, and what lessons are there to be learned from that, either in stopping other companies from getting that dominant position or in helping us to diversify?

Charles Parton:

I think the Chinese state very strongly supported Huawei through its financing provisions and tax breaks, and indeed worldwide by giving cheap tied loans to countries and companies that would use its equipment. Of course, Huawei has been very successful because it is enabled thereby to provide very cheap goods, and it works extremely hard and quickly. I have to say also that there have been times when we have helped it. I am not a great supporter of the Huawei security cell that checks it. I think Huawei must be delighted with that, because some of the best brains in Britain are paid to pick out the holes in its shoddy system. It does not necessarily have to do the work and it can plough ahead with speed, in the knowledge that the Brits will very kindly point out where its systems are deficient and demand that it fills them. It is a great model, and we need to think a bit more carefully about that in future.

Dr Steedman:

Technology companies that secure major positions in the market, wherever they come from, do so either because the market is not being monitored or regulated carefully enough, or because they win the contracts. You would need to ask market experts about why Huawei achieved the position that it did.

Perhaps I could focus on the diversification question and looking to the future. There are very effective ways and means to manage the market structures in our country, and they require a combination of regulation, guidance and standards. You can do that through procurement routes on both the technical side and the supply chain side, and you can do it through the contractual routes. Although we have a very successful and professional regulator in Ofcom—its role is to police the regulatory environment—we can also encourage, through the supply chain channels, the use of standards on specific technical requirements and on specific contractual requirements which encourage better business behaviour.

The Government in the UK use a small proportion of the British standards catalogue—perhaps 10% or 15% of the 37,000 standards that I am responsible for—in support of regulation. This is the area where co-operation can take place in a very effective way between UK experts, industry experts, consumer experts, regulators, academics and other countries of our choosing. Indeed, in the international domain, I have 1,200 committees. The UK chairs, hosts and manages 200 international committees, and a lot of the action, in terms of co-operation outside individual companies and universities working in their laboratories, takes place in the international standards system. It is in this system that we can seek to increase UK participation, co-ordination and influence, in order to get the results that we want. We want to ensure that the standards used are open and interoperable, that their governance is managed in an independent and neutral way, and that British stakeholders have the opportunity to influence the content of those standards.

The key to international co-operation is managing and influencing the international standards through which technologies, software and business processes are all delivered around the world. That is the plug- and-play global economy—trade, innovation and so on. It is an enabler; it is not a level playing field. The Telecommunications (Security) Bill will provide the level playing field for parties in the UK, and standards provide the opportunity. I would encourage us to see beyond the Bill’s provisions on rules, guides and guidance and to see the role of standards as a tool for us to help stimulate the diversification, security, resilience and quality that we are looking for in a future market environment in the UK. That is an area where the diversification taskforce under Lord Livingston, which I am privileged to be a member of, has been working very hard. We have some ideas emerging from that taskforce to support the 5G strategy, which I hope in the medium term will see British influence in international co-operation on standards really ramped out. We look forward to that.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

I think I might interrupt you there, because we have only until 4.45 pm. I would really like to bring in Mr Sunderland, the Minister and the shadow Minister, so we need very tight questions and very succinct answers.

Photo of James Sunderland James Sunderland Conservative, Bracknell

Q Gentlemen, I have been a massive fan of RUSI for many years, and clearly I am a recent convert to the British Standards Institute, so thank you for coming in. I have two quick questions, which should be quite straightforward.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

One quick question, I think. Seriously.

Photo of James Sunderland James Sunderland Conservative, Bracknell

The important question from me is: what will be the reaction to the Bill within the Five Eyes community?

Dr Steedman:

I will lead on that. I think the Five Eyes community will welcome the Bill, and it may well begin to set a model for the way that the UK and like-minded nations can create a pro-innovation market framework which has sufficient regulatory powers, backed up by industry standards, to deliver the environment that we want and that will, particularly in the UK’s case, stimulate new entrants, SMEs and innovation. That is a really critical part of future diversification, because we have no incumbent major players based out of the UK, so we need to stimulate our own industry as well.

Charles Parton:

I do not have a great deal to add to that, other than, as a side note, that I do not think we should underestimate American bipartisan attitudes to the whole question of China and technology. I think we are going to have to take that into account in the broader context, because they are long-standing allies and sharers of the same values as us.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

Thank you. I see Dr Steedman nodding assent.

Photo of Chi Onwurah Chi Onwurah Shadow Minister (Business, Energy and Industrial Strategy), Shadow Minister (Digital, Culture, Media and Sport), Shadow Minister (Science, Research and Innovation)

Q Can I just say that I had been a fan of the British Standards Institute for decades and am a more recent convert to RUSI?

I start with a question to Mr Parton on behalf of Catherine West, which relates to the last point you made. As we know, the Government were moved to ban Huawei entirely from the network following US sanctions instigated by President Trump. What changes do you see the Biden Administration having on the US’s outlook on China, if any? Can you also squeeze in a reference to Chinese influence on academic research and development in this country? Then I have another question for Dr Steedman, which I will ask afterwards, if I may.

Charles Parton:

A very quick response to that. I am more an expert on China than America, but nothing in the last couple of years has suggested to me that the Democrats will take a very much different position from the Republicans on the question of technology. I think they see it as a very great threat, as the Chinese have said. I think nothing will change there.

On the question of academic influence, I really do not think we should underestimate that. I wrote a paper on it about two years ago and much of what I sketched out there exists. For that reason, if I may repeat the point I made earlier, a great deal of effort has to be made, particularly in the STEM subjects. We could talk about the arts subjects and the clampdown, or the influences, on the freedom of speech and the self-censorship there, but in the STEM subjects it is really very urgent that we give our universities good guidance on what subjects, what organisations and what people they can co-operate with in the China context. As some of the research has shown, in terms of what is going on in our universities, there are subjects that we perhaps should not be helping on. GAIT technology with Huawei is an example. What can GAIT technology be used for? Surveillance. Not always, but it is very important in surveillance when you cannot see someone’s face because they are wearing a mask or it is bad weather. We have to be very much more on the ball in that area.

Photo of Chi Onwurah Chi Onwurah Shadow Minister (Business, Energy and Industrial Strategy), Shadow Minister (Digital, Culture, Media and Sport), Shadow Minister (Science, Research and Innovation)

As I said, I am a massive fan of standards development. I have worked in the area, with the ITU. I agree that it is essential to enable open RAN and diversification. The Government have said that standards are driven by vendors. We heard this morning from the network operators that their standards presence was driven by their headquarters—their owners. We do not have a UK vendor. When you say that we need to improve our presence in standards bodies, who is going to do that and how is it going to be funded?

Dr Steedman:

Actually, we have excellent people in the UK who participate in international standards work. The challenge is that there is a huge breadth of organisations, fora, consortia and formal bodies that generate, develop and maintain the standards that are then used in the evolution of the equipment—hardware, software and so on. We need to pick those organisations that are doing the critical work, particularly perhaps the ones around security, and ensure that we have British voices in there. It is true that if you look at a consortia model, you will find that the consortia that develop standards are what we call pay to play: companies pay to join a consortium, and together they sit and write a standard. But actually there are other organisations that have more governance and more formal mechanisms for national representation, national voice and consumer voice, as well as industry voices. This spectrum is the piece that is often not well understood.

Our ambition, on the diversification taskforce, is to look to co-ordinate UK voices, which are currently fragmented in these multiple organisations, and to see what we can do to target, to focus, on the areas of standards development that we know are going to support the ambition of security, resilience and diversification in the UK—and, frankly, to allow other areas of standards development to carry on as they will. People write standards to suit themselves. But where we need formal standards to support a market structure in the UK, we must be absolutely sure that those standards have had UK stakeholder voices in the process, and that is part of the formal process.

You mentioned the ITU-T. That is where the DCMS, of course, is representing the Government. And the BSI represents the UK in ISO/IEC JTC 1 and in and the European regional organisations, including ETSI. So there is a big opportunity for us to take those lessons that we have learned in influencing these great international organisations and extend that policy of influence through co-ordination of the UK voice in other spaces. The ORAN-ALLIANCE is one example of where we need to improve our co-ordination. Who is going to pay for it?

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

I am going to interrupt you. I am sorry, but I want to let the Minister get a last question in. My apologies.

Photo of Matt Warman Matt Warman The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport

Q Thank you, Mr McCabe, although Dr Steedman was articulating some of the answers to the question that I am going to ask. Dr Steedman, the diversification strategy, as you described, lays out the importance of our work in international bodies and in international co-operation. Could you lay out what you think the most influential bodies are and where the Government should be focusing there? And Mr Parton, could you talk about how you see this Bill fitting together with the National Security and Investment Bill, to try to tackle some of the issues that you described yourself a few moments ago?

Dr Steedman:

Thank you, Minister. I might suggest that this is very much a matter of horses for courses. There is a range of organisations. I mentioned the ORAN-ALLIANCE; that is clearly one. We know, obviously, about 3GPP and the role of ETSI and 3GPP; that is another. And there may be roles for the formal bodies. We need to discuss the ITU-T, the UK participation in ITU-T and how we can strengthen that. With respect, this is an area that we need to work further on; and in the diversification taskforce, we are talking about the detail of that and how we might approach it from a United Kingdom perspective.

I am optimistic that the initiatives that have been taken today with the diversification taskforce, under Lord Livingston’s leadership, are going to produce for you really quite powerful ideas and initiatives to be taken forward in the years ahead. This is possibly the first time that the UK has really co-ordinated its input in this way to try to achieve some industry transformation and behavioural change.

The other areas I have mentioned, Minister, that are really important are in the area of procurement. This is not just about the technical standards; it is also about the way standards are used in the supply chain to stimulate behaviours and to enable SMEs to participate, rather than our just being locked into large-scale providers. I am very keen that we should comment on and discuss that, and those standards are not in the technical environment; they tend to be more in the business environment, where the UK has a very strong position already in global business standards. So there is another tool in our tool shed, to be used when we come to looking at shaping the market. I am looking forward to discussing that further with you in the taskforce.

Photo of Matt Warman Matt Warman The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport

Q Mr Parton, will you comment briefly on the co-ordination between the NS&I Bill and this Bill in a more wide-ranging response to the Chinese situation?

Charles Parton:

I cannot possibly deal with this in one minute. Obviously, telecoms is a very crucial—an increasingly crucial—part of critical national infrastructure, so they are very closely linked. It goes back to what I was saying earlier. There is this question of where in the science and technology field and our research and development we allow ourselves to co-operate with China, given that its attitude is one, I think, that is really quite risky. So, when the DCMS talks about the extremely fine idea of setting up a national telecoms laboratory, I do hope that, in setting it up—it talks about co-operating widely internationally—it takes that sort of thing into account, too. I think that there will have to be great restrictions there.

This might be another example. I am well out of my field here, but we have designated high-risk and non-high-risk vendors, but what happens if some of the Chinese—they do not have to be Chinese—higher-risk vendors try to sneak under the wire by purchasing or using proxies? Again, I think that needs to be considered.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

I am afraid that brings the time for this witness session to a close. I think that we could all have done with a bit longer with both of you gentlemen, but thank you very much for your evidence. We are extremely grateful to you. That brings the formal part of the proceedings to a close.

Ordered, That further consideration be now adjourned. —(Maria Caulfield.)

Adjourned till Tuesday 19 January at twenty-five minutes past Nine o’clock.

Written evidence reported to the House

TSB 01 techUK

TSB 02 BT Group

TSB 03 Junade Ali CEng

TSB 04 Three

TSB 05 ITSPA (Internet Telephony Services Providers’ Association)

TSB 06 ISPA UK (Internet Services Providers’ Association)