National Security (State Threats) Bill

Second Reading

I beg to move, That the Bill be now read a Second time.

The first responsibility of a state is to protect its citizens. The security of our nation is the basis upon which our democracy, our prosperity and our way of life depend. If a state cannot guarantee the safety of its people, every other promise it makes rings hollow. Today we debate a relatively short Bill, but its brevity should not be mistaken for unimportance; it is essential to meeting the sacred responsibility of protecting this country and our fellow citizens.

This Bill comes at a time when the need is great. We live in an increasingly dangerous world—one in which many of our old assumptions no longer hold. The boundaries between war and peace have blurred; the tactics employed by hostile actors have become more sophisticated, more deniable and more insidious; and the threat has grown in scale. The director general of MI5 recently revealed that the number of individuals under investigation for state threat activity had grown by more than a third in the space of a year. After many years in which the Security Service was focused overwhelmingly on counter-terror work, it must now also respond to threats from foreign powers that are greater in number than at any time in a generation.

The nature of the threats posed by foreign powers will be known by many in this House. We have seen physical threats against individuals and property; we have witnessed attempts to interfere in and influence our democracy; and we have experienced cyber-attacks targeting both the state and the private sector that disrupt critical infrastructure and compromise sensitive data. The source of these state threats has come predominantly, although not exclusively, from three countries: Russia, China and Iran. I should emphasise that the threats from each present differently, both in scope and nature, and I will take each in turn.

The Russian state, as we know all too well, is responsible for deaths on British soil. What began with the murder of Alexander Litvinenko was repeated in Salisbury with the attempted assassination of Sergei Skripal. The Russian state’s wanton disregard for human life was evident in the risks it was happy to pose to British citizens, which led, tragically, to the death of Dawn Sturgess—an innocent British woman killed by the Russian state.

Putin’s Russia has also sought to influence our politics, as demonstrated by the guilty plea by Nathan Gill, Reform UK’s former leader in Wales, who accepted bribes for peddling pro-Kremlin narratives. Russia is also a prolific and malevolent force in cyber-space. A recent targeting of politicians, journalists, universities and civil society organisations was disrupted by our security services in December 2025, resulting in the sanctioning of eight Russian cyber-intelligence officers.

As you know, Madam Deputy Speaker, our approach to China is nuanced: we will co-operate where we can and challenge where we must. There are areas on which we will engage with China, including the economy, the environment and, indeed, on certain shared security challenges. Choosing not to engage with China is no choice at all. However, national security is the first duty of Government, and China does pose real national security threats to the United Kingdom. We have seen cyber-attacks, foreign interference, and espionage targeted at our institutions. Just days ago, MI5 and fellow Five Eyes members issued an alert warning of the threat posed by China’s military intelligence services. The Hong Kong police force has also encouraged transnational repression on our soil against a community to whom we are proud to have given sanctuary.

I commend the Minister for bringing forward this legislation. I am concerned on behalf of my constituents of Chinese descent who still have families living in Hong Kong and China and who are still subject to persecution and human rights issues. The pursuit of my constituents by Chinese officials in Belfast and elsewhere in Northern Ireland has to be stopped. What can the Minister do through this legislation to stop the pursuit by Chinese officials—clandestinely, or in whatever way it may be—of my constituents, who are law-abiding citizens, just because they happen to be Chinese and just because happen to have relatives in Hong Kong?

Both the National Security Act 2023 and the measures we are debating today will ensure that we have the strongest suite of measures available to us to take action against those who come after people on our soil, including dissidents from other regimes and people to whom we have given sanctuary. Transnational repression will be caught by the measures in this Bill.

As the Home Secretary will know, this is the fifth or sixth national security-related Bill in the past few years—the most Bills on national security issues that we have seen in any Parliament. She will also know that the UK intelligence community has more powers as a result of these Bills, as well as bigger budgets and more responsibilities than ever before. I commend all those serving in our agencies for their distinguished service. However, I am concerned that there are parts of Government that are currently not covered by aspects of the oversight of our intelligence community by the Intelligence and Security Committee. I commend the excellent members of that Committee; I am a former member, so I can commend them in the House today.

It is absolutely vital that the intelligence services have independent oversight. Unfortunately, the legislation that oversees the ISC is 30 years old and 10 years old. We are having all these national security Bills, but we do not have commensurate Bills to improve oversight and accountability of our intelligence agencies. It needs to change, because we cannot have an echo chamber in the UK intelligence community. There needs to be parliamentary oversight with the power of sanction—summons and sanction. At the moment there is no power.

Let me first associate myself with the right hon. Gentleman’s tribute to the excellent work and service of all those in our United Kingdom intelligence community, wherever they serve, and indeed all those who serve and put their lives at risk in order to keep the rest of us safe. I also pay tribute to the tremendous work done by the Intelligence and Security Committee—one of Parliament’s most august Committees—to provide vital scrutiny of our legal frameworks in this important area.

I must say to the right hon. Gentleman that, personally, as someone who signs warrants every day that are subject to both Secretary of State decision and judicial decision, I think that we have a legal framework that is sufficiently robust to provide oversight, without getting into the operational choices that must be made. Of course, these matters are always kept under review, and I take that review process seriously. If there are proposals that he wishes to make, I would be happy to discuss them with him.

On oversight, will the Secretary of State confirm that proposed new section 33G of the National Security Act 2023, which would be added by clause 3, is not intended to limit access to justice, or prevent challenges through the courts to future decisions made under human rights principles? That seems to me to be a measure that her Government would not want to bequeath to future Governments, who might misuse the legislation.

I do not agree with the hon. Lady’s construction of

proposed new section 33G, but I am sure that we can pick up that point in Committee, when we do line-by-line scrutiny. The Bill is intended to be read alongside all our other pieces of international and human rights legislation, and the Bill is compliant with our domestic and international human rights obligations.

The Bill gives considerably more powers to the Home Secretary and the Government, so it results in greater Executive power. Further to earlier interventions, is she not concerned that the Executive, and this branch of the Executive, are to have much greater power, but there is no commensurate increase in bodies’ accountability to Parliament for deciding what organisations and which individuals are to be sanctioned, and what the system will be for making those decisions? We have been through this process many times, going right back to the Prevention of Terrorism Acts in the 1970s. Does she not feel that there is a danger of our moving too far away from parliamentary and public accountability for the very important decision to deny liberty to various individuals, who will have difficulty challenging that legally?

I disagree with the right hon. Gentleman almost entirely. The Executive have a responsibility to protect and maintain this country’s national security, and we have to move when we see that hostile actors are employing new methods to put our people and interests at risk. We have seen an increase in hostile activity from those who are not directly related to foreign powers, but have a relationship with them. That is why we are bringing forward the designated body condition in the Bill. It rather sounds as if he questions the basis for us having counter-terror legislation, or this legislation, at all. I disagree with him on that. I think we have a suitable legal framework, under both the Terrorism Act 2000 and this new Bill, to deal with all the threats that this country faces, including those that are emerging as new ways for people to put our citizens at risk.

Let me turn to the threat posed by Iran. We are debating this Bill in the shadow of a recent surge in hostile activity by the Iranian state. In just a single year, MI5 has tracked and disrupted over 20 potentially lethal Iranian plots. These have targeted dissidents, media organisations and critics of the Iranian regime, and they pose a real and enduring threat to our Jewish community here at home.

The right hon. Lady has already spoken powerfully about attacks on politicians, and the Prime Minister’s home was recently attacked. One point she has not raised, but hopefully will come to, is the nature of the media engagement that follows attacks. Lies and distortions have been used to suggest all number of different abuses by the Prime Minister—all of them false—when this was simply a Russian-paid attack on his home. Does she agree that it is not just Russia that is doing this? PressTV and anybody who has taken money from it have been active participants in the hate-filled propaganda that we see spreading, online and offline, in our country, encouraging murder and attacks on Jewish people, and attacks on our entire democracy.

The right hon. Gentleman is right. It is incumbent on all parliamentarians to reflect on the platforms we appear on, and what those platforms are seeking to do. There will always be a balance to be struck with freedom of speech and other matters, but where activities lead people to fall foul of the law, they will be pursued with the full force of the law—whether that is this Bill, the National Security Act 2023, or any other part of our criminal legislation framework.

On the attacks on the Prime Minister’s home, let me just say, factually, what happened in the criminal justice system. It was not part of the prosecution’s case that there was any additional direction of that activity. That was not part of the evidence. I would not want to let that stand without making that clear about the prosecution.

The Home Secretary will know that I am an admirer of hers, and we tend to agree about much. We certainly agree about the threat posed by Iran. She will be familiar with the report produced by the Intelligence and Security Committee, of which I am pleased to be a member—indeed, I am basking in the glory of the compliments that the ISC has already received—which said:

“Iran poses a wide-ranging, persistent and unpredictable threat to the UK, UK nationals, and UK interests. Iran has a high appetite for risk when conducting offensive activity and”—

this is the critical point—

“its intelligence services are ferociously well-resourced with significant areas of asymmetric strength.”

Iran is a particular threat, and the Home Secretary will well understand that the way it uses its intelligence services is entirely different from the way that we see our intelligence services in this country. I have no doubt that she is mindful of that fact in relation to the Bill. I see this Bill as quite closely associated with how we deal with Iran. Will the Home Secretary comment on that?

On a point raised by the right hon. Member for Islington North (Jeremy Corbyn) and my right hon. Friend the Member for The Wrekin (Mark Pritchard), one way of dealing with oversight would be for the ISC to be pre-briefed by a Minister when proscription was considered, rather than it having to play catch up afterwards.

I thank the right hon. Gentleman for his contribution. The Bill seeks to create the legal framework by which designations will be made in future. The Bill will hopefully be approved quickly by Parliament, and I will seek to move forward with designations as quickly as possible, to deal with the threats that I am discussing in the House today.

I hope that the right hon. Gentleman would agree that the fact that I have spent some time considering the different nature of the threat posed by these three states in particular shows that we are very alive to the ways in which they use their unique positions to pose a threat to us in the United Kingdom. He is right about the way in which Iran operates; it is different from how Russia and China operate. The Government have to be alive to the different type of risks posed by these three countries in particular. At the moment, those countries account for a large proportion of the hostile activities that are monitored by our security services, but those activities are not exclusive to those three countries.

On matters of oversight, I will repeat my starting position. I do think that our current framework is robust and has stood the test of time. Of course, things change, and we would review the framework all the time anyway. I repeat my general offer—I suspect that I am making it to the whole of the ISC, given how well represented it is in this debate—of a conversation to pick up any concerns that its members have. The Minister for Security and I will make sure that we consider any additional proposals fully, but I am mindful that we do not want a position in which the Government cannot act quickly, or to over-regulate what is necessarily an Executive function, as speed is often of the essence. With that understood, a sensible conversation is always welcome.

In relation to Iran, Members will be aware that two men await trial under the National Security Act for the surveillance of Jewish sites. While investigations remain ongoing, the police are exploring potential links between Iran and the spate of arson attacks directed at our Jewish community in London. Faced with this intolerable hostility, our nation has bolstered its defences. The National Security Act, brought forward by the previous Government and supported by Labour, rightly commanded support from both sides of the House. It has given our authorities new tools and provided the legal underpinning for a series of complex and sensitive investigations, and it has secured important convictions, including of two men for gathering information and conducting surveillance to assist the Chinese state.

I am grateful to the Home Secretary for giving way again; she has been generous. Does she believe that the Bill sufficiently covers the areas of non-state actors and non-kinetic activity, which are being used more and more?

The combination of what we already have on the statute book in the National Security Act and this Bill means that all aspects of that activity will be covered. It obviously depends on how the activity presents. The Bill closes the loophole where a designated body is responsible. Where proxy groups are responsible, they will be caught by the measures in the Bill, and that activity will be liable to both prosecution and conviction.

Jonathan Hall KC examined whether tools available in our current terrorism legislation might be emulated or adapted to address state threats. He determined that we could not use the existing terror legislation to proscribe a state entity. He memorably described that as

“shopping in the wrong department.”

He said:

“For the Secretary of State to have or purport to have power to prohibit the existence of foreign State entities would be well beyond what Parliament could have intended”

when it passed the Terrorism Act. He went on to conclude that applying the power to a state entity would

“appear to overstep the boundaries of the principle of non-intervention at international law.”

Instead, he proposed a new regime: a power equivalent to proscription under the Terrorism Act 2000, but specifically designed to tackle state and state-linked organisations. Through this legislation, we seek to bring that new power into law.

I will now take the House through the Bill in some detail. Clause 1 introduces a power for the Home Secretary to designate a body. It will insert new section 33A into the National Security Act 2023. Such a designation will be possible if the Home Secretary believes that a body is, or has been, involved in foreign power threat activity and that designation is necessary to protect the safety or interests of the United Kingdom.

The Bill’s offences are broad enough to inadvertently criminalise routine humanitarian operations, which could pose a significant problem for non-governmental organisations operating in countries where state institutions or public bodies could become designated bodies. Although safeguards for humanitarian operations are in the explanatory notes, they are not in the Bill. Will the Secretary of State think about putting those into the Bill?

I do not think that the activities that the hon. Lady mentioned are caught by the Bill. We have been clear in the explanatory notes to the Bill—I refer her to paragraphs 37 and 43—that diplomatic activity, and indeed humanitarian activity, will not be caught by any of the Bill’s measures. We do not want to create a regime with lots of exemptions as that would enable hostile states to try to play games with our legal framework by dressing up front organisations. I reassure her that the measures in the Bill will not apply to any humanitarian organisation going about its business as a humanitarian organisation.

If there is any doubt, I refer hon. Members to subsection (6)(d) of proposed new section 17B, which makes it clear that anything that has essentially been approved by the UK, or is part of an agreement to which the UK is a party, will not be caught. If humanitarian organisations are concerned, I urge them to talk to the Foreign, Commonwealth and Development Office—as the hon. Lady well knows, that happens regularly in the humanitarian sector. The combination of all those provisions will ensure that the activity that she wants to see continue, as I do, will not be caught by the Bill’s measures.

I understand that there is some consternation from the Opposition about what I might be intending to say in the rest of my speech. If that is so, let me say first that we might not have needed an unnecessary vote on the programme motion, but I will make quick progress as I explain the thinking behind the measures.

Clause 1 also introduces a new designated body condition. Under the National Security Act, it can be difficult to secure a prosecution, as a link must be proved that runs all the way from the individual to a foreign power, but through the designated body condition more organisations will be brought to justice.

On the so-called support offence, clause 2 sets out new offences related to those new designated bodies. Again, it amends the National Security Act, adding new sections 17A to 17C. The first offence is supporting a designated body, which covers inviting or expressing support and arranging, managing or addressing a meeting in support of a designated body. The offence will be triggered when the reason for the supportive act is to prejudice the safety and interests of the United Kingdom in what is known as a prohibited purpose test, echoing the National Security Act.

To build on the point made by my hon. Friend the Member for Esher and Walton (Monica Harding), if a humanitarian organisation were forced to make payment to a designated organisation to do its humanitarian work, would that lead it to fall foul of the Bill, or is the Home Secretary confirming that it would not be liable to prosecution?