Stephen McPartland: No, no—we will debate clause 23 when we get to it. I will be very happy to talk about clause 23 then.
Stephen McPartland: No. [Laughter.] As I was saying, clause 20 introduces schedule 2 to the Bill. Under the existing powers and those provided by schedule 2, the police can act on a reasonable suspicion that a relevant act has been, or is about to be, committed. The threshold is a crucial element within the provisions to enable the police to act with the necessary speed to counter state threats activity. General...
Stephen McPartland: The National Security Council is a committee of the Cabinet. It is a long-established precedent that information about the discussions that have taken place in Cabinet and its Committees, and how often they have met, is not normally shared publicly.
Stephen McPartland: The clause provides a disruptive tool to tackle preparatory activities carried out by those who seek to cause us harm. Malign actions by states have the potential to cause significant damage to the UK and its interests, and it is therefore vital that the law can intervene at an early stage when preparatory activities are under way. That is already provided for under the Official Secrets Act...
Stephen McPartland: I understand what the hon. Lady is saying—
Stephen McPartland: My hon. Friend makes a very good point. At the end of the day, my understanding is that the offences are designed differently, which is why we were unable to capture the relevant preparatory activity as part of the offences themselves. I am not a lawyer, but effectively those offences are designed differently, and that is where we are. Amendment 52 seeks to raise the threshold of that which...
Stephen McPartland: The clause provides for substantially increased maximum penalties where a person commits any of the existing electoral offences set out in schedule 1 and the person’s conduct meets the foreign power condition found in clause 24. I will also deal with amendments 10 and 11 and new clause 3 in the course of my speech. As I touched on in highlighting the necessity of clause 13, activity that...
Stephen McPartland: Clause 13 provides for a criminal offence of foreign interference. It is and always will be an absolute priority to protect the UK against such interference. The principal aim of the clause is to create a more challenging operating environment for, and to deter and disrupt the activities of, foreign states who seek to undermine UK interests, our institutions, political system and our rights,...
Stephen McPartland: I am grateful to my hon. Friend for his helpful contribution. The maximum time period is 14 days because we are trying to put in place a limit. The idea is to restrict the areas as tightly as possible to protect the sensitive material without having an impact on other issues. A cordon around the military area will cover a much tighter area. There are already other cordoning factors, which is...
Stephen McPartland: I will go through clause 12 in a bit more detail. As hon. Members have outlined, the clause makes provision for an offence of sabotage. It is designed to capture intentional reckless activity resulting in damage to assets including property, sites and electronic systems where the person is acting in a way that they know or should know is prejudicial to the UK’s safety and interests. A...
Stephen McPartland: I commit to write to the hon. Member for Halifax—and the whole Committee—to answer her point about the police. I totally accept the genuine concern I am hearing from across party lines about what safeguards are in place to ensure that a place is designated for reasons of defence as opposed to Government embarrassment. The safeguard is that the power to designate only be exercised may if...
Stephen McPartland: I appreciate that. We have heard this morning and in previous sittings about that tension in respect of the Government interest and defence. There is case law that defines it. The purpose of the Bill is to provide the intelligence services with the tools they need to keep the country safe. They feel that they need these tools to do that. There are safeguards. The idea behind the number of...
Stephen McPartland: Another query raised was about oil and metal, which I understand are already in the existing provision for use in defence. That is why we refer to those areas. Finally, we are not designating military bases abroad, other than sovereign bordered areas, purely because of difficulties with jurisdiction and making that work.
Stephen McPartland: The power set out in clause 9 allows a constable to designate a cordoned area around a military aircraft, part of an aircraft or related equipment. Regrettably, there have been several aircraft crashes over the past several years, including an F-15 aircraft crash in Lincolnshire in 2014. In such cases it is common for sensitive technology or material to be dispersed, and a specific power to...
Stephen McPartland: I beg to move amendment 5, in clause 7, page 7, line 3, at end insert— “(ca) any land or building in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is— (i) owned or controlled by the Security Service, the Secret Intelligence Service or GCHQ, and (ii) used for the functions of the Security Service, the Secret Intelligence Service or GCHQ;”. This amendment...
Stephen McPartland: Amendments 5 to 8 make critical additions to the definition of “prohibited place” in clause 7. The sites used by the UK’s intelligence services are some of our most sensitive locations and must be afforded the measures and protections given by the wider prohibited places provisions. These measures will mean that those who commit unlawful conduct can face prosecution under either of the...
Stephen McPartland: The powers set out in clause 6 allow for a police officer to exercise specific powers in order to protect prohibited places. A person commits an offence if they fail to comply with an order imposed under the police powers in relation to a prohibited place. Those powers include the ability to order a person who has accessed or entered a prohibited place or is in the vicinity of one to leave it...
Stephen McPartland: I am grateful to the hon. Lady for the very good points she has raised. My understanding is that the powers currently apply only to police officers, not to members of the military. It is very clear throughout the clause that it refers to “a constable”, and it is referenced as “Powers of police officers”.
Stephen McPartland: When we talk about military, MOD police will have those powers.
Stephen McPartland: Both the right hon. Member for North Durham and the hon. Member for Halifax made a very good point. We will take that away and look at it. If they want to strengthen the Bill, we are happy to work with them to do that.