I beg to move Amendment 175, in Clause 101, page 95, line 11, leave out from “person” to end of line 12 and insert

“to disclose information to an enforcing authority where—

(a) the person is serving in an intelligence service, or

(b) the information is intelligence service information.”

This amendment would provide that clause 98(2) does not authorise the disclosure of intelligence service information.

With this it will be convenient to discuss Government Amendment 176.

When carrying out investigatory and enforcement activity, the enforcement officers will need to obtain information relevant to the Secretary of State’s enforcement functions. That is why Clause 98(2) permits the disclosure of information to the Secretary of State or an enforcement officer if the disclosure is made in connection with an enforcement function. But there is a need to ensure that certain categories of information are treated differently, given their likely sensitive nature or content.

One such category is intelligence service information. The chiefs of the intelligence services are under statutory obligations to make sure that information relating to their service is not disclosed unless to do so is in accordance with certain requirements. Clause 101 therefore sets out restrictions on the disclosure of intelligence service information, to ensure that the Bill is consistent with those obligations.

Clause 101(1), as introduced, refers only to persons serving in an intelligence service. After discussion with the intelligence services, it is clear that there is a need to ensure that intelligence service information held by third parties is also protected, so Government Amendment 175 widens the restriction at clause 101(1) to ensure that clause 98(2) does not require third parties to disclose intelligence service information to an enforcement officer.

Government amendment 176 is consequential on amendment 175. Amendment 176 inserts wording into clause 101(1) to clarify that the restriction on persons serving in an intelligence service from disclosing information under clause 98(2) does not affect disclosures that such persons could make under intelligence service disclosure arrangements.

These amendments protect intelligence service information from disclosure. They are part of a series of amendments that aim to balance the need to preserve the work that the intelligence services do in protecting key national interests with ensuring that the fair work agency can exercise its functions where necessary. On that basis, I commend the amendments to the Committee.

When it comes to protecting our intelligence services, it turns out that the Minister is not Dr No after all. [Interruption.] I think we will leave it there. The point that I have made so many times is that it is right to protect and exempt our intelligence services to ensure that they can get on with the work they need to do, with the right level of confidentiality, and that the vital work done to protect our country is at all times protected. Therefore, we welcome the amendments, but, as ever, we ask why it has taken until the Bill is in Committee to work out that position and the vital importance of exemptions for the intelligence services.

Amendment 175 agreed to.

Amendments made: 176, in clause 101, page 95, line 13, leave out “such a person” and insert

“a person serving in an intelligence service”.

This amendment is consequential on Amendment 175.

Amendment 177, in clause 101, page 95, line 24, after “from” insert “, or relating to,”.

This amendment is consequential on Amendment 181.

Amendment 178, in clause 101, page 95, line 27, after “from” insert “, or relating to,”.

This amendment is consequential on Amendment 181.

Amendment 179, in clause 101, page 95, line 29, after “from” insert “, or relating to,”.

This amendment is consequential on Amendment 181.

Amendment 180, in clause 101, page 95, leave out lines 32 to 36.

This amendment is consequential on amendment 205.

Amendment 181, in clause 101, page 96, line 7, leave out “from” and insert

“directly or indirectly from, or that relates to,”.—(Justin Madders.)

This amendment amends the definition of “intelligence service information” so that it is consistent with NC49.

Question proposed, That the clause, as amended, stand part of the Bill.

The Clause ensures that intelligence service information is disclosed to the fair work agency only in accordance with intelligence service disclosure arrangements and cannot be shared by the fair work agency without authorisation from the appropriate service chief. In the course of investigating some employment rights abuses—for example, in cases of modern slavery or coercive employment practices—the fair work agency may make use of information provided by the intelligence services or come into possession of information relevant to the intelligence services. That information is likely to be highly sensitive in nature, and specific disclosure arrangements therefore apply.

The clause authorises a person serving in an intelligence service to make disclosures of information to an enforcement authority in accordance with intelligence service disclosure arrangements. It restricts the disclosure of intelligence service information by an enforcing authority without the authorisation of the appropriate service chief for the intelligence service from which the information was obtained. It is right that there are additional protections for this information, not least on national security grounds. I commend the clause to the Committee.

Yes, absolutely—there is no issue for His Majesty’s loyal Opposition with the protection of our intelligence services.

Question put and agreed to.

Clause 101, as amended, accordingly ordered to stand part of the Bill.