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Protection of Critical Infrastructure

As I understand the matter, the hon. Gentleman’s description of a directive is valid in relation to the binding elements. Much of the directive and the documents behind it, however, are entirely voluntary. That is why—I was going to say ““unusually””, but I will not say that—the hon. Member for North Southwark and Bermondsey (Simon Hughes) made a clear point in relation to what my hon. Friend the Member for Luton, North said about the definition. Where the protection of such infrastructure can be achieved bilaterally, multilaterally or on a sectoral basis, in areas that are not, as we would define them, either European, critical or infrastructure, that is where the competence is and should remain. That is why the definition is so important. I think that the right hon. Member for Wells made a good point about the binding elements—people will tell me if it is otherwise—and that is why we have concerns, which remain concerns and which we hope will be resolved. In relation to the timetable, there was enthusiasm to deal with the matter at the June Council. Given all the to-ing and fro-ing of negotiations, however, that is unlikely to be the case. I also take the right hon. Gentleman’s wider point that there are ways in which a nation state can make multilateral and bilateral agreements, below the European level, to protect its national infrastructure.