Select committee: Foreign Affairs Committee
Recommendation 4
Sixth Report: Striking the balance: Protecting national security through foreign investment legislation
Published 19 Jan 2021
Paragraph 26
Addressed to Foreign, Commonwealth & Development Office
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Recommendation (the committee's words)
Businesses, investors and the Secretary of State and the Investment Security Unit need clarity and guidance on the factors that should be considered as part of national security assessments. We recommend that the new legislation and accompanying guidance should clearly distinguish between ‘national security’ and the broader ‘public interest’ or ‘solely economic’ concerns that are not within scope, to prevent undue uncertainty for businesses and avoid any misuse of the term ‘national security’.
From: Foreign Affairs Committee, Sixth Report: Striking the balance: Protecting national security through foreign investment legislation (HC 296), paragraph 26, 19 January 2021
Government response
The government responded to the whole report on 26 February 2021 (deadline 19 March 2021).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government explains why it was "unable to accept" the Committee's amendment and does not define 'national security' in the Bill, while saying it shares the aim of the regime achieving the right balance.
- On Recommendation 1, the Bill "does not seek to define 'national security'", which the Minister calls "deliberate" so that the government of the day can respond rapidly to changes; risks will be determined "on a case-by-case basis".
- The Minister states he "fully agree[s]" that sufficient clarity must be provided to businesses and investors about how the regime will operate, and says the reforms are "solely about national security".
- On Recommendation 2, the Government "does not believe that it would be appropriate to define 'national security'"; it points to the Bill's explicit references to 'national security' in its legal tests and to the right to apply for judicial review.
- The Government "will formally consult on a further version" of the Statement on the call-in power, which will take into account the Committee's comments and feedback from other Parliamentarians. No date is given.