CONSERVATIVE
New Forest East

INTELLIGENCE AND SECURITY COMMITTEE - 11 December 2024

INTELLIGENCE AND SECURITY COMMITTEE - 11 December 2024

[Intelligence and Security Committee of Parliament

Motion made, and Question proposed,

That Peter Dowd, Richard Foord, Sir John Hayes, Jessica Morden, Derek Twigg and Sir Jeremy Wright be appointed to the Intelligence and Security Committee of Parliament under Section 1 of the Justice and Security Act 2013. – (Lucy Powell.)]

Sir Julian Lewis: I promise that I will not unduly detain the House. As the retiring Chairman of the Intelligence and Security Committee of Parliament, I wish to put on record that it has been an interesting tenure. It got off to a somewhat controversial start when the then Prime Minister delayed its reconstitution by seven months, and then proceeded to try to impose a Chairman on the Committee in defiance of the provisions of the Justice and Security Act 2013 that the Committee should henceforth choose its own Chairman from among its members.

I am delighted to see that the present Government do not appear to be trying to do either of those two things. I am also encouraged by the fact that there appears to be a better balance between the Members of this House and the number of Members from the other place, which reflects more appropriately the joint nature of the Committee.

During my four years in post, the Committee produced several substantial reports – not just the famous Russia report, which was the work of the previous Committee and which we resolved to publish on our first day of reconstitution in July 2020. We produced major reports under our own steam, including one on extreme right-wing terrorism; a particularly well-received report on China; a substantial report on international partnerships; and, although it has not yet been published, a very interesting and comprehensive report on Iran. That report is in its final form and is just awaiting completion of the agreed redactions that have to be worked out between the agencies concerned and the Committee. I hope that that report will appear soon. The Committee also produced no fewer than four of its annual reports, which surveyed the general landscape of the seven intelligence agencies and other security organisations that it supervises.

There have been only two clouds on the horizon. One was the persistent refusal of the previous Government – no doubt on advice from officials in, I suspect, the Cabinet Office – to allow the Committee to adapt its memorandum of understanding with 10 Downing Street, which was specifically designed for flexibility when security sensitive activities were undertaken by different Departments. That element of the work of those different Departments should be scrutinised by the ISC, and appropriate adaptations should be made to the terms of the memorandum of understanding. Instead, it was unrealistically suggested that the general Select Committee for the Department concerned could do that sensitive work. It could not; it should not – this should be down to the ISC.

The second point is something I have alluded to repeatedly in speeches in this Parliament, which is that the independence of the secretariat of the ISC has been compromised by a so-called temporary arrangement, which was entered into with the Cabinet Office no less than 10 years ago. It means that if the ISC is deemed to be unhelpful to the Government or the establishment, or the two organisations out of the seven that it scrutinises which happen to be located in the Cabinet Office, the careers of the staff of the ISC will not prosper. I want to put it on record that the director and the staff of the ISC – this is a common view among all parts of the Committee throughout my tenure as Chairman – are absolutely outstanding.

I was particularly incensed when on two occasions, my recommendation as Chairman for an outstanding grading for the ISC’s professional director was overruled by officials in the Cabinet Office and downgraded. It was as a result of that sort of unacceptable behaviour and intrusion on the independence of the ISC that the Committee earlier this year voted unanimously – I stress, unanimously – that the secretariat of the ISC should be removed from the oversight or control of the Cabinet Office and should become an independent body or a body corporate, as exists in certain other organisations. I really do commend that to the Leader of the House. We do not want to see a persistence of this conflict of interest, where the Cabinet Office is able to put a blight on the careers of the loyal, talented and dedicated members of staff who have served the ISC so well.

With that, Madam Deputy Speaker –

Sir Jeremy Wright: Will my right hon. Friend give way before he finishes?

Sir Julian Lewis: I was just about to finish, but of course I will.

Sir Jeremy Wright: I am extremely grateful to my right hon. Friend for giving way. On behalf of those who have served on the Committee and, in my case, who hope to carry on serving subject to the will of the House, I just say that this moment should not pass without our simply saying thank you to my right hon. Friend for his service. This is an important Committee, as he knows better than anyone. It does a considerable service to the House, and he has done a considerable service to the House himself in serving on it or chairing it with the skill with which he has over nearly a decade.

Sir Julian Lewis: I am flattered and extremely grateful. Coming from someone of the calibre of my right hon. and learned Friend, that means a great deal to me.

It reminds me of one last point that I perhaps would have overlooked: one can achieve an awful lot with these secret organisations. I remember going with the excellent director of the ISC to meet a senior figure, shall we say, in the secret world, and we were discussing some of the reports we were going to produce. One of them was, as I mentioned in my list earlier, a report on the international partnerships that our intelligence agencies have. The senior figure was saying, “Well, it’s going to be very difficult. You’re not going to be able to publish just about anything. Are you sure you really want to do this examination?” To which the obvious answer was, “Well, we will certainly be able to produce a very interesting report, even if it is classified in its entirety and published only as a single sheet with the title page on it.”

I know I am not allowed to produce props, Madam Deputy Speaker, but I just happen to have with me a copy of that report, which it proved possible to publish in the end. It was not a single page; it was about 100 pages. That is what a clever, dedicated staff can manage to produce, irrespective of the fact that it rightly has to exclude anything that might harm the interests of the nation. It is possible both for the secret agencies to do their work and for the scrutineers of the secret agencies to do their work, provided that the independence of the people who do all the heavy lifting, namely the director and the secretariat, are not compromised.

The Leader of the House of Commons (Lucy Powell): May I take this opportunity to pass on my thanks, and the thanks of the Government and the whole House, for the right hon. Gentleman’s exemplary work as Chair of the Committee over many years and in challenging times? We are incredibly grateful for his work, and I want to put that on the record.

I echo the right hon. Gentleman’s remarks about the brilliant work of the director and the secretariat, and about the importance of maintaining their independence so that they are able to do that work freely. As he says, it is vital to this House and the country that the Committee is, remains and is seen to be totally independent, and that it can speak truth to power where it needs to. I commend the motion to the House.