Alicia Kearns

The reality is that an individual such as that would not be captured, because they would have diplomatic protections under the Vienna conventions. I admit that I have not been able to find an amendment that would correct that. That is why we have scrutiny of the House, because the shadow Front Bench is not the sole arbiter of where the gaps are. We would have been able to do this if we had had more time. However, I will use this as a chance to touch on the fact that there is a protection in the Bill that if a person acts “for or on behalf of, or holds office under, the Crown, or is in Crown employment”, they are protected against any interactions they may have with the IRGC. However, there is a slight concern, because that is followed by: “(whether or not they engage in the conduct in that capacity).” We would all like to say, hand on heart, that no one who works for our country as a civil servant—a Crown servant—would ever betray us, but technically, under this legislation, we could not prosecute anyone who did so, even if they did so outside their official capacity and were therefore genuinely working to abet another organisation. Again, if the Home Secretary would like to clarify how we would prosecute rogue civil servants, I would be happy to take an intervention from her—but there isn’t one. The Government decided that it was wise to attempt to pass such vital legislation in just one day, but we think that scrutiny is important because the Bill needs to work as well as it can. It is littered with omissions. I have already set out some of them. Additionally, Jonathan Hall said that we should give powers to the police to strip passports at the border, but the Government have not included that. It was proposed that there should be serious police protection orders, but they have removed them. We are gifting defences to would-be perpetrators, and the Bill should not be left as it is. These examples are only the gaping holes I could find in the two and a half days and late nights that I was given to find issues and table amendments. There is one more thing that the Government and the House must hold in mind as we fix our gaze on Tehran. This power is rightly organisation agnostic. We must not write a law for the IRGC alone. We are writing a law for every hostile state organ that comes after it, and the next may look nothing like the last. I think of the United Front Work Department of the Chinese Communist party, of whose reach I have spoken often, and I hope the day comes when the Government turn this power on it. I doubt that that will happen, but I set out that ambition. That day will come only if we build this Bill for the second designation, the third and the fourth. As drafted, this legislation has been written with a single, already sanctioned organisation in mind, and that shows. There is no reference to sanctions read-across in the Bill because the IRGC is already sanctioned. The Government said, “We don’t need to do a read-across for sanctions because the IRGC is already sanctioned.” I am not just looking at the IRGC. There are more organisations that will need to be designated in future. The law must fit not just one adversary but all. Otherwise, it is a single-use power dressed up as a meaningful law. We support the principle of this Bill without reservation, and we will support it on Second Reading, but we will support it in the right way, with scrutiny, attention and determination to ensure that a rushed process does not result in us not meeting the scale of the threats we now face. It is vital that the Government engage today in good faith and listen to Members on all sides. Their failure so far to accept any amendments does not give me cause for optimism, but there is still time for them to accept some. The delay of the last 14 months should not be undone by haste today, because a half-built Bill will not redeem that time; it will simply compound the danger.