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Intelligence and Security Committee

In my case, yes. [Interruption.] We are both certainly young in our outlook. I should like to echo the praise that the right hon. and learned Gentleman gave to the agencies and to the staff of the ISC, who are very open with us, very helpful, and enable us to do the job that we have been appointed to do. When we go to visit the agencies—sometimes we do have to make visits, like other Committees—or when they come to give evidence, those events are invariably well organised and well informed. Our most recent visit, which was to GCHQ, was no exception, and I learned a lot from it. It was well structured and well organised, and it is important to acknowledge that. Before I move on to the three key issues that I want to cover, it is important to recognise that the impartiality, or independence, of the Committee is paramount and, in my experience, can be relied on. Michael Mates, a former member of the Committee who, until he retired at the last election, served on it from the outset, used to say that when the Committee meets, our political affiliations are left at the door. In my experience, that is the exactly the case. We are seeking not to score party political points, but to get at the truth and carry out the job of scrutinising the work of the agencies concerned. That leads me on to my first point, which is about the reform of the Committee. A great deal has been said about that already, and I will not repeat it all, but I want to make two observations. First, I agree with the right hon. and learned Member for North East Fife and my right hon. Friend the Member for Torfaen (Paul Murphy) in that I am unconcerned about whether the Chairman of the Committee is a member of the governing party or of the Opposition party. I have served under four Chairmen—their downfall, in three cases, had nothing whatsoever to do with me—and I have found them all to be extremely capable and experienced. Whatever their political affiliation was, it never influenced how the Committee was conducted. The most important thing is that we get the right man or woman in the job. I hope, like the hon. Member for Croydon South (Richard Ottaway), that we might have some continuity with the current Chairman during the course of this Parliament, because that is helpful. Secondly, I support the reforms of the Committee set out in the Green Paper and covered in our report. Let us be brutally frank: there are now two Prime Ministers who have wanted reforms in this direction, and it would be a very foolish Committee that did not notice that they were both from different parties and that perhaps the time for change had arrived. I therefore have no problem with the reforms. However, we need to be careful about one thing. We should not set up the expectation that these reforms will make the whole operation of the services and everything that they do a matter of public knowledge. As the Chairman of the Committee said at the outset, there is information that we are party to that we can never make public because we sign the Official Secrets Act and, by and large, retain the trust of the agencies. That is why we sometimes, reluctantly, have to put redactions in our annual reports. Principled critics of the Committee criticise it because we have access to privileged and secret information. States will always have secrets, and necessarily so. We should not lead anybody to believe that everything that we know will be made public as a result of the reforms of the Committee. I know that nobody is claiming that and I do not mean this as a criticism of the Government or other Committee members. However, it is important, as the right hon. and learned Member for Kensington (Sir Malcolm Rifkind) made clear at the outset, that there will not be a free-for-all in relation to the information that the state has and what can be made public. The brutal truth is that a state secret that becomes public is no longer a state secret and is therefore useless. The second point that I want to make is about cyber-security. That issue has been covered extensively, but I want to cover it in a slightly different way. It is not a new issue. In June 2009, the Cabinet Office produced the ““Cyber Security Strategy of the United Kingdom””, which rightly stated that it was an urgent, high-level issue that could not be ignored. More recently, in October 2010, the national security strategy cited"““Hostile attacks upon UK cyber space by other states and large scale cyber crime””" as a tier-one risk, as the right hon. and learned Member for Kensington has said. For several years, the importance of this issue has been acknowledged. However, for national security and diplomatic reasons, the UK has been coy about naming those responsible, at least until recently. I will say a little more about the recent developments where those responsible have been named in a moment. First, I want to use this opportunity to emphasise how important this issue is for our country. Our annual report makes it clear that we generally approve of the cross-cutting approach that the Government are taking on cyber-security. It states rightly that the Government's decision to move ministerial responsibility for the issue to the Cabinet Office, which is better placed to deal with such issues across Departments, is appropriate. That was a good move on the part of the Government. It is also important that we seek better international cyber-security controls against cyber-attacks. I do not underestimate the difficulties that that presents. I am well aware that the Foreign Secretary is on the case and is raising this issue in international forums, no doubt discretely. I believe that we need to develop international protocols and controls over the coming years to make it easier to get control over what is going on across the world. I do not make that point in a spirit of criticism, I merely say that the matter has to be given some prominence. I hope that the Under-Secretary of State for the Home Department, the hon. Member for Old Bexley and Sidcup (James Brokenshire), might be able to support that point of view when he winds up the debate. It is in the interests of our national security, and of businesses in the UK, that we take such an approach. I wish to make one further point on cyber-security that is perhaps less driven by consensus than those that I have already made. It concerns the role and status of the Prime Minister's official representative to business on cyber-security, Baroness Neville-Jones, who was of course Security Minister until May. Over recent years, our Committee has struggled with both the current and previous Government on whether those primarily responsible for attacks could be named in our reports. I am sure the right hon. and learned Member for North East Fife would bear me out on that. Up until this year, we were losing that struggle. However, there has been movement. In his recent signed article in The Times, the head of GCHQ, Mr Iain Lobban, flagged up the importance of the issue, but sensibly declined to say which countries were responsible. In our report, published in July, we went further, stating:"““The greatest threat of electronic attack continues to be posed by State actors and, of those, Russia and China are””" suspected of carrying out ““the majority of attacks.”” That form of words, carefully nuanced and the product of thorough negotiations between the services, the Government and our Committee, was the best way of putting it. Certainly the Government and the agencies concerned seemed to believe that that was the right way to describe the situation. However, when Baroness Neville-Jones was pressed in an interview on Radio 4's ““The World at One”” about whether China and Russia were involved in such attacks, she responded, ““They certainly are””. That is rather further than anybody else has gone. The reason for highlighting that is straightforward. Either it is right to be circumspect about naming the states concerned, or it is not. It is not clear to me whether Baroness Neville-Jones speaks for the Government or whether she is, as it were, a free spirit in these matters. We need to know with what authority she speaks, and to what extent anything she says can be attributed to the Government or to the agencies concerned. Perhaps the Minister might be able to say a little about the noble Lady's position, and what her status and authority is. I turn to the use of intelligence material as evidence. The issue has arisen principally from the Binyam Mohamed case, and the Government have brought forward a way of dealing with it that may or may not work. I agree with the points made in our annual report about the matter, but what concerns me is that, no matter how Parliament may express itself on the issue, what guidance is given to the judiciary or what clauses are put in Bills, at the end of the day judges who will handle such cases will have to make a choice between, on the one hand, what is in the national interest and important for national security, and on the other hand the conduct of the court and the particular trial that is taking place. My fear is that the conduct of the trial and the proceedings of the court will, in some cases, as in the Binyam Mohamed case, take precedence over what Parliament intended, anything in any particular Act of Parliament, and the national interest. This is not an attack on judges. I have tried to think of this by asking myself, ““What if I were sitting in that chair and had to make that choice,”” but they might ask, ““What am I responsible for?”” The answer is that they are responsible for the good conduct of that trial. Why is that important? Several hon. Members, including the right hon. and learned Member for Kensington, who chairs the Committee, have made the point that it is hugely important that the co-operation we have with foreign Governments on intelligence remains something on which we can rely. In turn, it is vital that those Governments feel that intelligence that is passed to the UK will not be made public in court proceedings. I would go slightly further than the right hon. and learned Member for North East Fife. I believe that the amount and quality of intelligence that we have received from the US since the Binyam Mohamed case has declined. As the right hon. and learned Gentleman said, that is a difficult case to prove, and I cannot within the confines of this debate give chapter and verse on it—certain issues of which I am aware cannot be discussed in public—but most well informed people who have made a judgment on the matter believe that co-operation between the US and the UK has declined. That is important not from the point of view of the volume of information that we receive, but because incidents have been prevented on the basis of intelligence co-operation not only with the US, but with other close allies. The reputation of the UK could become such that foreign agencies and Governments feel they cannot share information with us because it will end up being broadcast all over the place in a court case. As has already been said, there is evidence that fishing trips are being made in the British courts to support cases elsewhere. I am not necessarily saying that the Government have got it wrong. My point is that we need to think long and hard about how we will handle this, not because of any political matter that might attach itself to the problem, and not even because of day-to-day political relationships with other Governments, but because getting as much information as we can is in our national interest and the interests of the security of our people. I hope that will be addressed fully and sustainably as things develop and in legislation. It should be addressed in a way that does not leave the courts feeling that they can do what they like regardless. As other hon. Members have said, it is an enormous privilege to be a member of the Intelligence and Security Committee—it is now six years since I was fortunate to be appointed to it. The Committee is sometimes criticised not for what we do, but for what we cannot say. We should be careful in how we deal with that. Hopefully, we are all big enough and experienced enough to know that we sometimes have to take a hit as a Committee and as individuals because some sections of the press and the media want to know what we know and we cannot tell them, but at the end of the day, being able properly to oversee the activities of the agencies and knowing why the public need to be protected overrides our concerns about any criticism we might get in the media.