Sir Julian Lewis: What a pleasure it is to follow such a splendid maiden speech by the new hon. Member for Ilford South (Jas Athwal). As a third-generation immigrant myself, whose family lived in the city of Swansea for more or less exactly 100 years, I know precisely how he feels in his gratitude to the place in a new country that gave him every opportunity to develop his talents and abilities to the point at which he deservedly finds himself in this place. I am sure he will make maximum use of that opportunity. I particularly welcome his warm reference to his predecessor, Mike Gapes, who served in this House for no fewer than 27 years and was the epitome of moderate, patriotic Labour. He won respect on the Conservative side of the House as well as on his own side, and it was sad that a point came when he felt he could no longer remain a member of the Labour party, although I am glad to see from his Wikipedia entry that he is back in the fold today.
This uncontroversial Bill seeks to change the status of the Commonwealth Parliamentary Association and the International Committee of the Red Cross, to convert each of them into what is known as a body corporate. These are sensible proposals, which I broadly support. However, as stated during the Sir David Amess Adjournment debate on the rising of the House on 12 September, there is one other organisation, with which I am rather familiar, that requires the same change in status as the CPA and the ICRC, to make it into a body corporate too. That organisation is the office that supports the Intelligence and Security Committee of Parliament, and this Bill presents us with the timeliest opportunity to achieve that necessary change. Indeed, it is a perfect fit, so I trust that the House will bear with me while I explain the serious conflict of interest that has arisen, why that conflict matters to Parliament and how it can easily be rectified with a simple addition to the Bill before the House today.
For the benefit of newer Members in the Chamber, I should explain that the ISC is a cross-party Committee of both Houses of Parliament created by statute in 1994. Under the Justice and Security Act 2013, the ISC was given the legal responsibility for overseeing the UK’s intelligence community on behalf of Parliament, yet Parliament’s intent, as expressed in that Act, is currently being undermined. Right hon. and hon. Members might be surprised to learn that the ISC’s office, with a very small number of staff, belongs to the Cabinet Office, despite the ISC overseeing certain sensitive organisations within the Cabinet Office. They would be right to be surprised, because that is indeed a fundamental conflict of interest, which is why, when the Justice and Security Act was passed, the Cabinet Office was supposed to be only the temporary home of the ISC’s office. Yet here we are, more than 10 years later, with the Committee staff still beholden to, vulnerable within, and unfairly pressured and even victimised by the very part of the Executive that the Committee is charged with scrutinising and holding to account on behalf of Parliament.
The Executive should not be able to constrain and control the Committee’s democratic oversight on Parliament’s behalf by exerting control over the ISC’s small staff team to prevent them from doing their job independently. Such control means that part of the Cabinet Office can – and does – starve the team of resources so that the ISC’s staff are unable to fulfil the Committee’s legal responsibilities. That completely contravenes and disregards a clear ministerial undertaking given by the then Deputy Prime Minister, my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden), before the recent general election about vital extra resources for the ISC staff.
Control by the Cabinet Office also means that it can stigmatise and penalise the ISC’s staff, blaming them for the Committee’s robust scrutiny, with damaging consequences for their future careers in the civil service. Such deplorable behaviour has included repeatedly downgrading highly positive assessments, submitted by me as ISC Chairman at the time, of staff performance in recent years. In reality, the members of the ISC in the last Parliament valued the Committee’s staff very highly indeed, as I believe all members have since the Committee was first established 30 years ago. We certainly found the arrangements that I have described totally unacceptable.
The ISC therefore formally resolved, by a unanimous vote across all three political parties on the Committee, that it is essential for parliamentary democracy and its scrutiny system for the Committee’s office to move out from under the control of the Executive – that is, from the Cabinet Office – and instead to be established as an independent body corporate with a link to Parliament rather than to the Executive. That unanimous decision was confirmed by the members of the Committee at its meeting on 19 March, following expert and authoritative external advice that it is within the ISC’s power to take such a step and to determine the suitable mechanisms for implementing it.
That constitutional change, which the Cabinet Office has predictably attempted to ignore, is essential to protect the separation of powers. It is also extremely easy to achieve. It requires a very short amendment to the Justice and Security Act to change the status of the ISC’s office. The amendment would establish the office as a body corporate to support the Intelligence and Security Committee of Parliament and safeguard the independence of the Committee itself.
I had hoped that the amendment would be included in the new legislative programme. Unfortunately, but unsurprisingly in the Committee’s absence since Parliament was dissolved for the general election, the Cabinet Office has hitherto managed to block it. However, that is to underestimate the previous members of the Committee, from both sides of the House and in both Chambers, who are convinced that the Committee’s office cannot and must not continue to be controlled by the Cabinet Office.
The Bill, in seeking to change the constitutional status of the CPA and the ICRC and allow better provision for their staffing arrangements, is the ideal vehicle through which to achieve the same for the ISC’s beleaguered office. It is the obvious place to include a short amendment to the Justice and Security Act to change the status of the ISC’s staff organisation too. We must not pass up this opportunity: parliamentary time is precious, and there may not be another suitable vehicle during this Parliament.
As a measure to secure democratic oversight, I am confident that the amendment should and would secure cross-party support in both Houses. Prior to the election, both the then Government and the then Opposition seemed to accept that this reform was needed, which does rather beg the question why it has not yet happened. I intend to return to the issue at a later stage of the Bill with an amendment, and I trust, for the reasons I have set out, that the House will support it.
Having chaired the Intelligence and Security Committee for the past four years, and having also served on it throughout the 2010-15 Parliament, I reiterate what I said in 2019 after more than four years as Chairman of the Defence Committee: it is better to stop while people wish you to carry on, than to carry on until people wish you to stop – [Hon. Members: “Hear, hear.”] I am glad to have that endorsement. Hopefully, I can still be a friend of both Committees on the Floor of this Chamber, while giving support to my successors in office.
It was as extraordinary as it was shameful that no Prime Minister saw fit to meet with the Intelligence and Security Committee during the entirety of the last Parliament, although to her credit, during her short time at No. 10, Liz Truss did offer to do so. Perhaps the latest occupant of Downing Street will show greater respect towards a body that has consistently undertaken sensitive inquiries, and produced reports of the highest quality and the soundest judgment over the past 30 years, largely because of the calibre and integrity of its professional director and her dedicated staff. Let us now do the right thing by them all.
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[Alicia Kearns (Shadow Foreign Minister): … My right hon. Friend the Member for New Forest East (Sir Julian Lewis), the former Chair of the Intelligence and Security Committee, set out his concerns for the freedoms and protections of the Committee staff. Scrutiny is always at the forefront of his mind. I am sure that he was heard by the Minister, although I am sure that his staff from the Foreign, Commonwealth and Development Office in the Box were even more excited to hear the news that there will be an amendment in Committee. The Opposition will review his amendment very closely—he knows how closely I hold the importance of scrutiny in my own heart. It was very interesting to hear the challenges that he faced as the Committee Chair in the last few years.]
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[The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty): … The right hon. Member for New Forest East (Sir Julian Lewis) always makes important points. I heard very clearly what he had to say, but, as I take a key interest in these matters as well, I would gently stress the point that, as he knows, the Clerks have particularly strong rules relating to the scope of Bills, and the amendment that he suggested may not be in the scope of this Bill. Obviously, it is for the Clerks to opine on the matter. I have heard the right hon. Gentleman’s remarks and will certainly take them away, but there is clearly a stark difference between the Intelligence and Security Committee situation that he described and the position of the CPA and the ICRC.]
Sir Julian Lewis: May I urge the Minister, when the Government are considering the political dimension of what is being proposed, to engage in consultations with Lord West of Spithead, his own party’s representative on the previous ISC, and also with the new Lord Beamish, formerly Kevan Jones of this parish, who likewise was firmly committed to the sort of measure that I am proposing?
[Stephen Doughty: The right hon. Gentleman has mentioned some well-respected people – my noble Friends – and I will ensure that colleagues across Government hear what he has said, and also his request for the ISC to meet the Prime Minister, although, as he will know, the Prime Minister’s diary is incredibly stretched. … ]