Ben Spencer MP: speeches

Speeches

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  New clause 16 would require active board oversight of security and resilience measures and accountability for board members where they fail in those oversight duties, whereas new clause 17 would require regulated entities to carry out proportionate, periodic testing of the security and resilience of their network and information systems, and provide the results to regulatory bodies upon request. On board accountability, as we have already discussed in this Committee, the existing regulatory model under NIS regulations has not been sufficiently effective in driving up cyber-resilience standards to meet emerging threats. Board engagement is a key part of that, but the stat I quoted previously in this Committee indicates that engagement is going in the wrong direction. What assessment has the Minister made of the potential advantages and disadvantages of direct accountability in the adoption of effective cyber-resilience measures, based on a roll-out of the NIS2 regulations? Proportionate testing of systems may be a useful tool in detecting and managing cyber-security risk. What consideration has the Minister’s Department given to how that topic should be approached in the Secretary of State’s code of practice?

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  I beg to move, That the clause be read a Second time. The National Audit Office’s 2025 report on cyber-resilience highlighted that Government Departments and agencies are among the weakest links in the UK’s cyber-security ecosystem and lack a credible plan to become cyber-resilient in the short to medium term. The Government play a key role in the management of certain critical national industries, but the continuing cyber-security vulnerabilities in the IT systems used to operate CNI expose the UK to the threat of serious attacks that could undermine national security and the economy. That is not to mention the risk to enormous amounts of highly sensitive data held on Government systems. Dr Sanjana Mehta of ISC2 said in her oral evidence that the Department for Work and Pensions administered £288 billion of benefits over the past year, with more than 23 million people claiming benefits of some kind. That activity involves processing vast amounts of personal, medical and financial data, which presents rich pickings for malicious actors. The feedback from industry stakeholders, many of whom are being asked by the Government to take on onerous security and reporting obligations under this Bill, echoes those concerns regarding Government cyber-immaturity. There is a strong sentiment that the Government should be leading by example, as Chris Anley of the NCC Group commented in the Committee’s oral evidence sessions. In view of the growing risk posed to UK cyber-security by hostile state actors, by their affiliates and by criminal gangs, improving Government cyber-security is urgent. It is clear from the NAO’s findings and other recent reports that Government Departments have lacked the clear goals and necessary accountability to incentivise tackling this significant challenge. In his letter of 19 February to members of the Committee, the Minister said: “Government will be held to equivalent cyber security requirements that we expect of the essential and digital services in scope of the Cyber Security and Resilience (Network and Information Systems) Bill.” But as matters stand, there are no effective legal mechanisms for accountability to Parliament on increasing Government cyber-resilience to the standards necessary to meet the intensifying threats facing our Government Departments and agencies. New clause 5 would compel the Secretary of State to make yearly reports to Parliament setting out the Government’s progress towards meeting the recommendations of the National Audit Office’s 2025 report on Government cyber-resilience and towards meeting the standards they set themselves in their recent cyber action plan. Where necessary, the Secretary of State would have to account for failures to meet deadlines for implementation and issue a new plan to achieve compliance. In moving this new clause, I am aware of the challenges that successive Governments have faced in driving up cyber-resilience standards. There are serious practical and budgetary obstacles that can impede progress, such as the vast amount of legacy IT equipment that remains in use, which is inherently more vulnerable to attack. Moreover, there is the ongoing problem of recruiting highly skilled cyber-security professionals to work in these roles, given the competition in the recruitment market and constraints on public sector salaries. Illustrative of that challenge is the worrying statistic, cited by Chris Anley of the NCC Group, that “almost a third of cyber-security posts in Government are presently unfilled”. –– [ Official Report, Cyber Security and Resilience (Network and Information Systems) Public Bill Committee, 3 February 2026; c. 24, Q29.] None the less, the Government have now put in place a plan that they consider achievable, and they should be held to account for it. The new clause creates a mechanism for that much-needed accountability.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  We are a responsible Opposition and we are pleased to hear about the work that the Minister and his Department have been doing and about the shared purpose in getting this done and getting it right. Would he give us a bit more detail of the timescales and plans for public consultation? I understand that he has been doing some personal consultation in private, but will there be a public consultation? Given that the reform crosses two Departments, which Department will be taking it forward? What I am really looking for from him is a confirmation at the Dispatch Box that he is personally committed to getting this piece of work over the line during this parliamentary term.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  I agree about the importance of putting things on the record. Since the hon. Member obviously has not been listening to my speech, he can check it out on the record. I acknowledged the challenges in this area— [ Interruption. ] Does the Government Whip want to intervene, or was she just chuntering? I will continue. Given that the Bill puts quite a burden on the private sector, as we discussed over several sittings before the parliamentary recess, I think it is important that the Government recognise, as my hon. Friend the Member for Spelthorne said, it would be pretty shameless not to vote for accountability for themselves while putting it on other people. Let us see how the vote goes. I commend new clause 5 to the Committee.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  I am grateful to the Minister for his response, but we have seen over the past six months, especially with the alleged spying incidents in Parliament, the Government’s resistance to recognising the Chinese Communist party as a threat. When it comes to our new clause 3 and concerns over transparency, we have also seen, in the last few weeks, that there are mechanisms—for example, the Intelligence and Security Committee—to ensure the disclosure of documents, while preserving national security. I would therefore like to press new clauses 2 and 3 to a vote. Question put, That the clause be read a Second time.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  I am a bit unclear about the hon. Gentleman’s intervention. The point I was making was that there is legitimate concern that people doing research into this area and doing threat assessments risk prosecution, so, across the whole of our society, that work is not being done. We have heard quite a lot of evidence from cyber campaigns about the benefits that changes to this law would make to the system, which is why we tabled the new clause. I commend new clause 19 to the Committee. I hope the Minister agrees that now is the time to address the issue. I suspect that this will be my last, or penultimate, time speaking to the Committee, so I would like to finish by thanking Members on both sides of the Committee for a fun and, at times, robust debate over the past month. I thank the Chairs, the Clerks and all the teams working on the Bill—and Sophie Thorley from my office, who has done incredible research on the Bill.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  I will speak to new clause 19, tabled in my name on behalf of His Majesty’s official Opposition. The new clause would compel the Secretary of State, within 12 months of Royal Assent, to review the need for a statutory defence, encompassing legitimate cyber-research activities, to criminal offences under clause 1 of the Computer Misuse Act 1990, which is about unauthorised access to computer programs. The campaign for reform in this area, CyberUp, has argued that, in its current form, the CMA inadvertently criminalises critical activity such as vulnerability research and threat intelligence, both of which are essential for defending the nation’s digital systems. The new clause would also require the Secretary of State’s review to evaluate whether the creation of such a defence would enable regulated bodies to improve the resilience of their network and information systems via enhanced vulnerability testing and research. New clause 18, tabled by the hon. Member for Henley and Thame, relates to the same important topic and would require the Secretary of State to review, and report to Parliament within 12 months of the Bill’s entering into law, whether amending the Computer Misuse Act could improve the resilience of network and information systems. Hon. Members will recall the insightful oral evidence of Professor John Child of the University of Birmingham. Professor Child made a clear and compelling case for the need to amend the Computer Misuse Act to provide statutory defences for legitimate cyber-research—sometimes called ethical hacking activities. Likewise, campaign groups, industry specialists and parliamentarians have all argued that the Computer Misuse Act, which was written before the modern internet, is no longer fit for purpose. At present, the Act fails to distinguish between malicious attackers and cyber professionals acting in the public interest, inadvertently criminalising a large proportion of research that UK cyber-security professionals can carry out to protect UK critical infrastructure and the UK’s technological ecosystem. This means that cyber-security professionals working to defend UK organisations from real-world threats risk prosecution. That has created a chilling effect—talent is being lost, investment is stifled and security gaps are going unidentified. If we are to have true UK cyber-resilience—not just among regulated sectors, but across businesses of all types and throughout society—we need a multifaceted approach. Industry and private sector-led initiatives will play a strong role in that. Professor Child made clear that countries that have implemented more favourable regimes, such as the US and Israel, are benefiting from increased cyber-resilience as a result of cyber-research activity. The Government have acknowledged that reform of the CMA is a pressing issue. Indeed, the Home Office has been reviewing that question for some time. Further, the Minister for Security, the hon. Member for Barnsley North (Dan Jarvis), highlighted the urgent need for changes to the law in this area in a recent speech, stating that Government have “heard the criticisms about the Computer Misuse Act, and how it can leave many cyber security experts feeling constrained in the activity that they can undertake.” He went on to say: “These researchers play an important role in increasing the resilience of UK systems, and securing them from…vulnerabilities. We shouldn’t be shutting these people out, we should be welcoming them and their work.” Yet the Home Office has brought forward no specific proposals for reform. Parliament is unlikely to legislate again in the cyber-security domain for some considerable time; we cannot afford to kick the can down the road on this vital issue any longer if we are to have a credible plan for whole-of-society cyber-resilience.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  That information is concerning. I entirely agree with my hon. Friend that information sharing is important when dealing with evolving threats.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  My hon. Friend is absolutely right.

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  On a point of order, Ms McVey. I seek your advice with reference to the debate on clause 43, on 10 February. I draw Members’ attention to my question to the Minister in Hansard about parliamentary scrutiny of directions: “Even where they are redacted because of national security concerns, somebody, or some mechanism of Parliament, will be able to scrutinise them. Can the Minister confirm that?” –– [ Official Report, Cyber Security and Resilience (Network and Information Systems) Public Bill Committee, 10 February 2026; c. 212.] The Minister responded: “Yes.” We received a letter over the recess dated 19 February—we are very grateful to the Minister for writing to us—which states something slightly different: “The Government’s default position is that copies of directions will be laid in Parliament, to enable all parliamentarians to scrutinise the Government’s use of…powers. Where this is not possible for national security reasons, alternative options for scrutiny could be used, such as allowing for directions to be read in private reading rooms or briefing individual shadow ministers. As such, we are confident that alternative options are available for scrutiny when directions cannot be laid in Parliament for national security reasons.” “Will” is different from “could” and “are available”. Given that we have moved beyond the debate on clause 43, what options are there for the Minister to either clarify those remarks or correct the record?

• 24 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Seventh sitting) · Hansard source

  More

  I thank my hon. Friend for his intervention, which is more for the Minister and the Government Whip’s benefit than mine. Properly established ISACs will not only increase real-time awareness of cyber-risks and mitigations, but could also alleviate some of the burden on regulators in terms of sector-specific intelligence analysis. Industry feedback and experience from the adoption of the Network and Information Systems Regulations 2018 indicate that sectoral regulators are unlikely to have the capacity to assist with intelligence sharing in relation to real-time cyber-risks. We know from the sectoral regulators’ oral evidence that building sufficient capacity for effective regulatory oversight is a challenge. Where we have models for sector-led and market-led good practice in hardening cyber-resilience, we should look at how it can be rolled out further. Seeing more of these organisations emerge could even lead to broader adoption beyond NIS-regulated areas to other industries. ISACs have the potential to become integral nodes in improving whole-of-society cyber-resilience, and it is an approach called for by many cyber industry stakeholders. I therefore commend new clause 4.

• 24 Feb 2026 · Online Harm: Child Protection · Hansard source

  More

  On a point of order, Madam Deputy Speaker. This is a procedural question. Given that the long title of the Bill is not in the motion, does that mean that the Bill can effectively cover any subject or theme if the Order Paper is seized on that day?

• 24 Feb 2026 · Online Harm: Child Protection · Hansard source

  More

  Further to that point of order, Madam Deputy Speaker. Thank you for that clarification, but my understanding is that that is the short title, not the long title. Is it the case that the long title can be used to tag in any related subjects to expand the scope from the narrow one here?

• 23 Feb 2026 · Lord Mandelson: Government Response to Humble Address · Hansard source

  More

  An additional concern that I have with the appointment of Peter Mandelson is that the American Government had compromising information in the form of the Epstein files. I wonder what consideration was given to the appointment of an ambassador who would be going into sensitive negotiations with a foreign Government knowing that that Government had compromising information. Will the Minister confirm that those considerations and that information is in scope of the disclosures?

• 23 Feb 2026 · Local Government Reorganisation · Hansard source

  More

  What about the cancelled mayoral elections, such as those in Sussex and Hampshire? Do not the same arguments that the Secretary of State has made apply to those elections, or is he just afraid of our candidates, Katy Bourne and Donna Jones?

• 23 Feb 2026 · Schools White Paper: Every Child Achieving and Thriving · Hansard source

  More

  Clearly, the system needs reform, but many families that have managed to get through the system and get an EHCP will be concerned by the announcements and the uncertainty today. I note that the Government anticipate that by the end of this decade there will be a reduction in children with the highest need. Does the Secretary of State believe that that will be due to a reduction in their need or in provision?

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  Clause 19 amends the NIS regulations and will require regulators to publish guidance on the security and instant reporting requirements of regulated sectors. In formulating their guidance, regulators are under a duty to co-ordinate and consult with other regulators to ensure consistency as far as is reasonably possible. Relevant provisions in the code of practice, to be issued by the Secretary of State under clause 36, must also be taken into account. Newly regulated entities will, no doubt, welcome proportionate guidance on meeting obligations, and existing regulated entities will appreciate any streamlining that comes from consultation between regulators and their approach. Can the Minister provide further details about whether consultation between regulators and the Secretary of State is under way on a consistent approach to regulation?

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  Clause 18, which the Government seek to modify through amendments 14 to 18, creates new pathways for information sharing between regulators, public authorities and Government Departments. It also creates a power for NIS enforcement authorities to share information with relevant overseas authorities for specified purposes. The new regime is intended to remove gaps and ambiguities in the existing framework governing the sharing of information obtained in the course of competent authorities and the oversight role of NCSC, and to create legal certainty in this domain. In turn, it is anticipated that greater information sharing will assist with the detection of crime, enforcement activity and awareness of emerging cyber-risks and with ascertaining the effectiveness of the NIS regulations in building UK cyber-resilience. In particular, the Bill creates a new gateway to ensure that NIS regulators can share information with UK public authorities, and vice versa, as well as sharing and receiving information from organisations outside of the NIS framework, for example other regulators or bodies such as Companies House. The Bill strengthens safeguards on how information can be used once it has been shared under the NIS regulations by restricting onward disclosure. More effective information sharing will be vital for competent authorities to keep up to date with emerging risks and building resilience in their sectors, and the new measures were broadly welcomed by regulators in our oral evidence session. However, industry bodies such as techUK have called for further detail on the new information-sharing regime. What steps are the Government taking to ensure that regulators share responsibility for protecting sensitive data, and that information-sharing processes are coherent, proportionate and secure? Could the Minister elaborate on the discussions he has had with regulators on those matters, and on how secure information sharing will work in practice? Finally, on the detail of the text in Government amendment 14, proposed new paragraph (aa)(ii) refers to persons “otherwise in connection with…any other matter relating to cyber security and resilience,”. Given that this is an information-sharing power, that seems a remarkably broad “any other matter” provision. What disclosures that are not already covered in the Bill does the Minister conceive will come up in that scope? What guidance or consultation will the Minister produce to make sure that such powers are proportionate and not at risk of abuse?

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  The Minister has mentioned business continuity plans a second time as a justification for not going into detail on this, but the whole reason for the Government bringing in the powers in clause 12, and the designation of critical suppliers, is that there was no business continuity plan in place in the example of Synnovis. I do not see how that argument gets away from the need for clarity, for organisations that could be at risk of being in scope of being assessed and designated as a critical supplier, about what actions they have to take in response to regulation, proactively or otherwise, and the burdens on them. We have just discussed the cost of enforcement, which risks essentially becoming a cyber-security tax.

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  Part 3 is a very important part of the Bill. It gives the Secretary of State a range of powers, including ones to bring additional sectors into the scope of regulation, to update the NIS regulations, to publish statements of strategic priorities for regulators and to publish codes of practice that set out cyber-security measures for entities to comply with their regulatory duties. Clause 24 includes a power enabling the Secretary of State to specify new services that can be brought into the scope of the NIS regulations, and to designate additional regulatory authorities. Those powers are intended to allow the Secretary of State to identify additional critical sectors and respond to emerging threats quickly. That agility introduced by this measure has been broadly welcomed as appropriate, given the fast-evolving nature of malicious cyber-activity. Given the extent of the Secretary of State’s new powers, however, it is important to put in place guardrails to ensure that the appropriate response to emerging threats is indeed further regulation, rather than market-led or insurance-based mitigations. Can the Minister provide any further information at this stage about the procedure that will be followed in deciding whether to expand the scope of regulation to ensure consistency and transparency? Hon. Members have tabled several new clauses that would prompt the Secretary of State to use her duties under clause 24. I will speak to new clause 1, tabled by the hon. Member for Warwick and Leamington (Matt Western), and new clause 9, tabled by the hon. Member for Brecon, Radnor and Cwm Tawe, together, as they have some thematic overlap. New clause 1 seeks to bring all entities, other than small businesses and microbusinesses, in the food production, distribution and retail supply chain into the scope of regulation as operators of essential services. New clause 9 also touches on the regulation of food supply chains. It would require the Secretary of State to designate retailers of “food and essential goods (when part of a large-scale distribution chain)” and manufacturers of “critical transport equipment” as providers of essential services to be brought into the scope of regulation. Those new clauses reflect concerns about the cyber-attacks targeting the food retailers M&S and Co-op last year. New clause 9 reflects issues raised by the major attack on JLR, which cause such disruption and threatened the stability of regional jobs and supply chains. Those attacks caused significant public concern, but they would all remain out of scope after the Bill comes into effect.

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  I am more than happy to give way to the hon. Member for Harlow.

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  Will the Minister talk through what the data exchange flow chart will look like? How will it work in practice? Will the OES proactively contact the regulator and say, “We have all these suppliers—go play”? Will the regulator contact the OES and say, “Give us a list of all your suppliers, and then we are going to start an investigation programme and decide what data we need”? What is the direction of communication in practice? Or—perhaps even worse—will the burden be on suppliers to an OES to contact the regulator and say, “Could we possibly be in scope?” How will it shake out in practice?

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  Clause 17 will amend the NIS regulations to provide a framework for regulators to impose charges on regulated entities to recover the costs incurred by them in carrying out their supervision and enforcement functions. The Government’s explanatory factsheet supporting the Bill suggests that those changes are needed to ensure that regulators are “better resourced to carry out their responsibilities.” We have heard at length from witnesses in oral evidence sessions that resourcing is a key consideration for regulators in meeting their new and expanded obligations under the Bill. The concept of our regulators’ being better funded is good. However, as with much of the Bill, the lack of detail around the regulator charging model is causing uncertainty among regulated entities that would be liable to meet the associated costs.

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  I think I will follow up in writing on my intervention to try to dig down into the explanation of how liability will be laid down when the client is not a regulated entity but is receiving services from regulated entities. That is an important point, because these are quite hefty fines. As my hon. Friend the Member for Spelthorne pointed out, even with £34 an hour lawyers, there will be a lot of industry activity to try to avoid liability in the context of a substantial cyber breach, which can be significant. More generally, the clause makes significant changes to enforcement practices under the NIS regulations, including to increase the financial penalties regulators can impose for infringement of the regulations, and to set out a clearer system of tiered penalties, based on the severity of infringements. The Government’s impact assessment states that these changes have been made because of concerns reported by regulators that “enforcement under the NIS Regulations has been constrained by unclear band structures and a maximum penalty which is insufficient to deter non-compliance across all NIS sectors”, which goes back to my previous point. Enforcement activity under the NIS regulations has been sparse, inconsistent and insufficiently effective to increase cyber-resilience to the levels necessary to meet the proliferating cyber-security risks to our most critical sectors. Fundamentally, the existing approach to enforcement has not achieved the necessary change in attitude to cyber-risk at the highest levels of regulated entities. It is concerning that board level responsibility for cyber-security has steadily declined among businesses since 2021, with 38% of businesses having a board member responsible for cyber-security in 2021, compared with 27% in 2025. The enforcement model clearly needs to be more effective, and increasing fines is only one part of that. Regulatory capacity to undertake supervision and enforcement remains a concern, as does perceived reticence on the part of regulators to impose fines on critical infrastructure providers, due to the risk of destabilising essential services and increasing costs for consumers. In our oral evidence sessions, many witnesses, including Richard Starnes of the Worshipful Company of Information Technologists, raised the issue of greater responsibility at the highest levels of management for cyber-resilience. What assessment has the Secretary of State undertaken of whether changes to the penalty regime are likely to influence board-level attitudes towards cyber-security?

• 10 Feb 2026 · Cyber Security and Resilience (Network and Information Systems) Bill (Fifth sitting) · Hansard source

  More

  I thank the hon. Lady for her intervention. New clause 7 puts forward an assessment of the impact. It is not intended to make definitive changes, but to give time. I have confidence in the Government and the Minister that within 12 months—it is the kiss of death to say that one has confidence at the minute, is it not? [ Laughter. ] I apologise to the Minister.