Overview

This bill concerns amendments to the National Security and Investment Bill, focusing on the level of transparency regarding decisions made by the Secretary of State for Business, Energy and Industrial Strategy (BEIS) on national security matters. The amendments concern the publication of information related to national security risk assessments and decisions, balancing transparency with the need to protect sensitive information.

Description

The amendments primarily deal with the reporting of decisions under section 26 of the National Security and Investment Bill. The original Lords amendments (11 and 15) proposed that summaries of the Secretary of State's decisions and security service risk assessments be publicly released, with exceptions for national security. The Commons disagreed, arguing that oversight by the departmental select committee is sufficient. The Lords then proposed amendments 11B and 11C in lieu. These amended amendments mandate the publication of summaries of the Secretary of State's decisions and security service risk assessments, unless doing so would compromise national security. In such cases, the information will be included in a confidential annex to the report provided to the Intelligence and Security Committee (ISC). These requirements will only remain in effect until a new memorandum of understanding (MoU) between the Prime Minister and the ISC is agreed and laid before Parliament, establishing the ISC's oversight of the Secretary of State's activities under section 26.

Government Spending

The amendments are not expected to have a significant direct impact on government spending. The cost will primarily involve the administrative tasks of preparing reports and confidential annexes, and the potential for additional scrutiny by the ISC following a revised MoU.

Groups Affected

• Secretary of State for BEIS: Increased scrutiny of their decisions under Section 26.
• Intelligence and Security Committee (ISC): Increased responsibility for oversight of the Secretary of State's actions, depending on the content of the future MoU.
• Parliament: Will receive reports, including confidential annexes to the ISC (until a new MoU is implemented).
• Public: May gain access to summaries of national security related decisions (but possibly only through the ISC's eventual review under a new MoU).
• Businesses involved in transactions under Section 26: Will be affected by the level of transparency surrounding decisions taken regarding their transactions.

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