National Security and Investment Bill — Clause 61 — Annual Report — 28 Apr 2021 at 16:44

The majority of MPs voted not to require reports on Government decisions to intervene in corporate acquisitions, mergers or investments deemed to risk national security to include summaries of decisions, and advice provided by the Security Services (with an option for providing national security sensitive information to the Intelligence and Security Committee in confidence).

MPs were considering the National Security and Investment Bill.^[1][2]

The motion rejected in this vote was:

• That this House disagrees with Lords amendments 11B and 11C.

Lords amendment 11B^[3] stated:

• Page 36, line 15, at end insert “, except for any confidential annex prepared under subsection (2B) while that subsection is in force”

Lords amendment 11C^[3] stated:

• Page 36, line 33, at end insert—
• “(2A) Until the condition in subsection (2C) is met, each report must also provide, in respect of final notifications given, and final orders made, varied or revoked—
• (a) a summary of the decision of the Secretary of State under section 26(1), and
• (b) a summary provided by the Security Services of any national security risk assessment provided under section 26(3)(a)(ii) relating to each decision under section 26(1).
• (2B) Until the condition in subsection (2C) is met, where the Secretary of State considers that publication of any information listed in subsection (2A) would be contrary to the interests of national security, those details may be excluded from publication and instead must be included in a confidential annex to the report provided to the Intelligence and Security Committee of Parliament on the same day that the rest of the report is laid before each House of Parliament.
• (2C) Subsections (2A) and (2B) have effect only until a revised memorandum of understanding between the Prime Minister and the Intelligence and Security Committee of Parliament under section 2 of the Justice and Security Act 2013 has been laid before Parliament which provides for oversight by the Intelligence and Security Committee of the activities of the Secretary of State under section 26 of this Act.”

The amendments would have impacted clause 61 of the Bill^[4] which provided for an annual report on expenditure and other elements of the operation of the law enabling the Government to intervene in corporate acquisitions, mergers or investments deemed to risk national security. The clause provided for the report to be laid before each House of Parliament, the amendment provided for a confidential annex to be withheld [but provided to the Intelligence and Security Committee], but those arrangements would only have effect until the Intelligence and Security Committee was formally given a role in oversight of the operation of the law in question.

Those voting for the Lords amendment voted there, potentially, to be a confidential annex, and for it to be excluded from publication, but for more information to be in the report which would be expected to promptly be made public^[5].

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• [1] Parliament's webpage on the National Security and Investment Bill, Parliament.uk
• [2] Explanatory notes to the National Security and Investment Bill , 11 November 2020, Parliament.uk
• [3] Lords amendments to the National Security and Investment Bill, 28 April 2021, Parliament.uk
• [4] Clause 61 of the National Security and Investment Bill, as amended in committee, 16 March 2021, Parliament.uk
• [5] Guide to Laying Papers, House of Commons Journal Office, September 2022, Parliament.uk

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