National Security Council Leak

(Urgent Question): To ask the Prime Minister to make a statement on the findings of the inquiry into the National Security Council leak.

The National Security Council takes critical decisions about keeping this country safe. It was established in 2010, in part following lessons learned from the Iraq war, to ensure proper co-ordinated decision making across the whole of the Government. It operates with the full breadth of expertise in the room, with Ministers from the relevant Departments and advisers and officials, including the Chief of the Defence Staff, the Chairman of the Joint Intelligence Committee, the heads of the intelligence services and others.

The decisions that it makes are critical to the safety of British citizens and to British interests both in this country and around the world. For example, it is inconceivable today that the Cabinet could take a decision to commit combat troops without a full and challenging prior discussion in the NSC, on the basis of full papers, including written legal advice, prepared and stress-tested by all relevant Departments, and with decisions formally minuted. I am sure that the whole House will recognise how important it is that those decisions are taken in an environment in which members of the council and those who advise them feel free to speak their mind, with absolute certainty that the advice that they provide and the conclusions that they reach will remain confidential.

The leak investigation into the disclosure of information about 5G was constituted to ensure that the integrity of the NSC in general was upheld and, vitally, that participants in NSC meetings could continue to hold full confidence in its operation and the confidentiality of its proceedings. The Prime Minister set out her response to evidence from the leak investigation last night, and has thanked all members of the National Security Council for their full co-operation and candour during the investigation.

The unauthorised disclosure of any information from the Government is serious, and especially so from the National Security Council. The Prime Minister has said that she now considers that this matter has been closed, and the Cabinet Secretary does not consider it necessary to refer it to the police, but we would of course co-operate fully should the police themselves consider that an investigation were necessary.

The House will recognise that it is the policy of successive Governments of different political parties not to comment on the detail of leak investigations, and I will not comment on specific circumstances or personnel decisions.

The primary duty of any Government is to keep our country safe and secure. On that we all agree. This leak from the National Security Council is a fundamental breach of that duty. Let us be clear here: the Prime Minister believes that her former Defence Secretary leaked information from the National Security Council; he vehemently denies it. Only one of these accounts is accurate.

I do not think we have ever seen a leak from the National Security Council, and that is why this is so serious. The damning letter from the Prime Minister was a result of her understanding that to leak from that committee was an abdication of responsibility and public duty. It is indicative of the malaise and sickness at the heart of this ailing Government. It is indicative of the sorry state the Conservative party finds itself in. In response to receiving the most brutal sacking I can think of, the right hon. Member for South Staffordshire (Gavin Williamson) has protested his innocence. Therefore, this matter cannot be, as the Prime Minister says, closed.

The essential point here is that the Prime Minister has sacked the Secretary of State for Defence because she believes there is compelling evidence that he has committed a crime, but despite that she does not believe that he should face a criminal investigation. Where is the justice in that? In what world is it acceptable that the Prime Minister should be the arbiter of whether a politician she believes is guilty of criminal conduct in office should face a criminal investigation? Can the Minister confirm that there were no leaks from the leak inquiry itself, given that details seem to have been passed on to a national newspaper on 30 April?

At the heart of this battle in the National Security Council was whether the Prime Minister’s judgment that Huawei should be allowed to be part of our critical infrastructure network was sound. Many believe it was not. Our Five Eyes partners are so concerned about the UK allowing this company to participate in our 5G network that they are considering whether they can safely continue to share intelligence with us. The Minister will know that for the Americans and the Australians to raise public concerns on this matter is unprecedented. The Five Eyes network is the intelligence apparatus that has helped keep this country safe for nearly half a century. I know that. I have been a Defence Minister, and I have seen the material that we share with each other in total confidence.

The hon. Gentleman elided several different subjects in his questions. On the substance of the Government’s policy decisions, it has been said already from this Dispatch Box several times that the review of 5G networks by my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport is a matter of public record. The Government have committed to telling the House of their conclusions once those decisions have been taken and approved at all levels within the Government and once we are ready to bring the information to the House. That will be the time for the House to learn what the Government have decided and to hold Ministers to account for their decisions.

I can reiterate to the House that the Government’s priorities for the future of telecommunications remain stronger cyber-security practices, greater resilience throughout telecommunications networks and diversity in the marketplace. Again, as has been said before from this Dispatch Box, this is a policy challenge that goes beyond a single company or even a single country, and we continue to work very closely with all our Five Eyes allies and with other international partners.

The problem with this particular case was not so much the material disclosed as the forum from which the leak came. The Prime Minister set up the inquiry and took the decisions she took yesterday to maintain the integrity and secrecy that is essential for the proper conduct of the business of the Government of the United Kingdom, whichever party happens to be in office. As far as I am aware, the inquiry was conducted on the basis of confidentiality throughout its proceedings. It came to conclusions that were reported to my right hon. Friend the Prime Minister, and she took the decisions she announced yesterday.

This boils down to what is set out in paragraph 1.6 of the “Ministerial Code”:

“Ministers only remain in office for so long as they retain the confidence of the Prime Minister. She is the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences of a breach of those standards.”

Does my right hon. Friend agree that it is not only the work of our intelligence and security services that could be compromised by unauthorised disclosure but the Council’s access to information and advice provided by our allies on a top secret basis? Can he reassure us therefore that our allies have been reassured in turn that this sorry episode will not be repeated?

Appropriate contact is of course being made with our key allies, as my right hon. Friend would expect. He is absolutely right. I, like he, can recall discussions that involved not only material of the highest level of classification within the UK Government system but the sharing of information disclosed to us in confidence by key allies. Without going into detail—for obvious reasons—I should remind the House that among the subjects discussed at the National Security Council in the last year alone have been our analysis of and response to the chemical weapons attacks in Salisbury and our analysis and response to the civil war and conflict in Syria. I think that Members on both sides of the House will appreciate the importance of these discussions remaining confidential at all times and of all participants having full confidence that that will continue to be the case.

This is a most disgraceful episode from the right hon. Member for South Staffordshire (Gavin Williamson). Fair play to the Prime Minister for acting as swiftly as she did, but I am afraid that it is not in her gift to say that the matter is closed. Indeed, the fact that we are here shows that it is far from closed. The fourth paragraph of the Prime Minister’s letter states that all the Cabinet Ministers interviewed

“answered questions, engaged properly, provided as much information as possible”,

yet the conduct of the right hon. Gentleman was not “of the same standard”. What was his conduct? What exactly did he avoid answering?

What is the purpose of this investigation? Surely to God it was not set up only to determine who the leak came from. Surely once that has been determined there must be a more severe consequence than just someone losing their Cabinet position. If the integrity of the Government—what is left of it—is not to be further shot to pieces, there must be more severe consequences. Does the right hon. Gentleman who has been sacked have a future in the Conservative party, or will he be suspended from it? Will he be eligible for future candidacy within the Conservative party, and will he have his CBE removed by the Government? Finally, will the Minister stand at the Dispatch Box and answer a clear question? Has the Official Secrets Act been broken—yes or no?

The hon. Gentleman’s final question is not a judgment that I or any other Minister in any Government can make. Whether a criminal offence has been committed is a matter for independent prosecution authorities, and ultimately for the courts. I said earlier that I would not go further into the details of the investigation and its conclusions than had already been set out in the Prime Minister’s public statement.

Members across the House will recognise the history of the close working relationship between my right hon. Friend the Prime Minister and my right hon. Friend the Member for South Staffordshire (Gavin Williamson), and that ought to persuade the House that the Prime Minister would not have taken such a decision were there not compelling evidence and no credible alternative explanation for what happened. As the hon. Gentleman said, the Prime Minister stated in her letter that during the investigation the conduct of my right hon. Friend the Member for South Staffordshire and his team was in contrast with the full co-operation received from other ministerial members of the NSC and their teams, and the Prime Minister came to the decision that she announced last night.

On the hon. Gentleman’s request for further punishments, honours are not a matter for a ministerial decision but for an independent committee in any case, but I would just say that my right hon. Friend the Member for South Staffordshire has lost a job that he loved and to which he was utterly committed, and I think that should stand.

I entirely endorse the words used by my right hon. Friend in his statement, and it is necessary that the working of the National Security Council is kept confidential. Without that, our allies cannot trust us, and it would become impossible to discuss secret matters within the Government. Does he agree that we seem to have watched the progressive breakdown of collective responsibility? Unfortunately, that appears to have a corrosive quality, which starts in people’s willingness to contradict colleagues over policy issues in Cabinet, and creeps incrementally into a willingness to brief externally on discussions of an increasingly secret nature. Does he share my hope that if some good comes out of this most unfortunate episode, it will finally be a shot across the bows for those who think that such behaviour is acceptable?

I agree with my right hon. and learned Friend about the corrosive effect of unauthorised disclosures. We all have to be honest with ourselves. I do not think there has been a Government in history from which there have not been leaks and gossip from time to time—as I look at Labour Front Benchers, my mind goes back to what we saw under the Blair and Brown Administrations. But I do want to say this in response to my right hon. and learned Friend: above all, when it comes to National Security Council discussions—I think this applies to the Cabinet, too—there is great merit in the very old-fashioned precept that Members should speak with complete candour in the room and shut up when they get outside.

The hon. Member for Glasgow South (Stewart Malcolm McDonald) asked the Minister a very direct question: whether he thought that the Official Secrets Act had been broken. In reply, the Minister said that it was for others to decide. Has the Attorney General been asked for his opinion? Was any other legal advice sought by the Prime Minister in coming to her conclusion?

It is not a matter for the Attorney General or any other Minister. This decision has been taken on the basis of the lack of confidence that my right hon. Friend the Prime Minister, regrettably, came to feel in my right hon. Friend the former Secretary of State for Defence. It followed the principles I set out in quoting from paragraph 1.6 of the ministerial code.

Having been somewhat involved in the establishment of the National Security Council in its current form, and having sat on it for six years, I completely understand the Prime Minister’s correct understanding that it has to be, as the Minister said, a sealed container if it is to do its work appropriately. Does he agree that notwithstanding the rather brilliant confections of Opposition Members, on this occasion—thank goodness—so far as the substance is concerned and regardless of its legal standing, which I accept is a matter for others to decide, there does not appear to have been a compromise of any classified information?

I do not want to rush to make that assumption because normally all papers that are considered by the National Security Council are at an extremely high level of classification. The key point—I think this is the thrust of my right hon. Friend’s question, and I agree with him on it—is that the issue at stake was less the substance of the material that was disclosed than the principle of a leak from the National Security Council. The fact of that leak—that breach of confidentiality—is what puts at risk the mutual trust that is essential for all Ministers and advisers attending those meetings to have in one another, and the trust, as my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon) said earlier, that we expect our allies to have in our respecting the confidentiality of the material that they share with us.

The Prime Minister may or may not be right, and as far as the Government are concerned, her exchange of letters yesterday is the end of the matter, but surely when it comes to matters in this House, different considerations apply. The right hon. Member for South Staffordshire (Gavin Williamson) and the Prime Minister are both Members of the House, and they now have very different versions of events in relation to a matter of some national importance. It is surely important that the House should know which of them is right. For that reason, surely either the Prime Minister has to publish the evidence on which she relied, or somebody else has to be allowed to mark her homework. It cannot be possible that both mutually contradictory versions can be allowed to stand.

What we are talking about is a leak inquiry, carried out on the instruction of the Prime Minister, on behalf of the Cabinet Secretary, by another appropriate official, into the unauthorised disclosure of the proceedings of the National Security Council. It is an internal Government matter, just as any such disclosure and any leak inquiry would be considered a matter for the Government concerned—Labour, Conservative or coalition. I really do not think that it would be right to be in a position where the House collectively tried to establish itself as an investigating authority into internal matters relating to the conduct of Ministers as members of the Government, or the conduct of officials as members of the Government. Those are matters that it is quite proper for the Government to determine, and it is then for Ministers, as I am doing this morning, to come to explain the Government’s decision and be held to account by the House.

Having also sat on the NSC for several years, I recognise the importance of undertaking this leak inquiry. However, at the heart of this is a broader question about the approach that both the NSC and the Cabinet need to take to serve the national and public interest. I completely agree with my right hon. Friend on the NSC, but surely an element of this extends to how Cabinet is conducted, the rules around it and the behaviour of those who sit in the Cabinet.

Is it not now time to be clearer about the ministerial code of conduct and the role of the public interest in briefings given externally? I say that because we have a freedom of information law that clearly sets a public interest test that is routinely applied by Departments, yet it seems that the Secretaries of State running those Departments can routinely set that test themselves, without any regard for the way in which their officials would do so from day to day by almost certainly excluding ever publishing advice to Ministers when the public ask for it.