The threat from hostile states is growing, diversifying and evolving and is manifesting itself in several different forms. Our espionage laws date back to 1911 and have not kept pace with the changing nature of threats to national security.
That’s why the Government has introduced legislation, through the new National Security Bill, which aims to deter, detect and disrupt state actors who seek to harm the UK. The Bill seeks to reform existing espionage legislation to provide effective protection to tackle modern threats, and enact new offences to tackle state-backed sabotage, interference, the theft of trade secrets and assisting a foreign intelligence service. Crucially, it will also, for the first time, make it an offence to be an undeclared foreign spy working in the UK.
Furthermore, a Foreign Influence Registration Scheme will be introduced, requiring individuals to register certain arrangements with foreign governments to deter and disrupt state threats activity in the UK. This sits alongside new civil measures which could be used as a tool of last resort where prosecution of a hostile actor is not possible.
I have sought ministerial clarification on Clauses 79 to 83, and have been assured that the Government is satisfied the measures will help improve public protection and are proportionate in nature. The clauses seek to enable the UK’s security services to apply for a reduction in civil damages in national security proceedings where a claimant has been involved in wrongdoing associated with terrorism, or a court order that would freeze or forfeit damages payable where the court is satisfied that there is a real risk of a claimant using their award to fund acts of terror. It is important to note that all applications would be subject to the independent determination of the courts on an assessment of the evidence in individual cases.
It is important too to stress that the legislation does not create a blanket criminal law immunity. It does not change the application of all other criminal law offences which overlap with those under the Serious Crime Act, including those criminalising torture anywhere in the world. Other offences, such as soliciting murder, misconduct in public office and secondary liability offences would all continue to apply.
There will also be no change to the UK’s international law obligations, including, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and international obligations concerning aid or assistance in the commission of an internationally wrongful act.
The purpose of this element of the legislation therefore is to remove the unintended effect the Serious Crime Act is having on the UK Intelligence Community and Armed Forces, not to make wholesale changes to the UK’s core legal, policy and ethical values. It will ensure that accountability for authorised activity rightly sits with HM Government, rather than individual officers who are taking forward vital work to keep the country safe.
I will make sure the Minister for Security is aware of your campaign.