Angela Eagle
Main Page: Angela Eagle (Labour - Wallasey)Department Debates - View all Angela Eagle's debates with the Home Office
(1 month, 2 weeks ago)
Commons ChamberI thank all right hon. and hon. Members who have spoken in today’s Second Reading debate. We have had a very powerful and relevant debate, with a great deal of expertise in the Chamber from both sides of the House.
State threats are overt or covert actions by foreign Governments that fall below the level of armed conflict, but go beyond legitimate diplomacy to harm UK interests. They present a persistent and evolving risk to the UK and our allies, and that evolution and the hybrid nature of the threats we face today has come across in all the many excellent contributions we have heard from Members on both sides of the House. There is cross-party recognition that the threats we are dealing with are increasingly complex, and rapidly changing and evolving. They manifest across a wide spectrum of activity, including interference in democratic processes, acquisition of sensitive information, threats to public safety and disruption of economic security. We all know—it has been mentioned by many hon. and right hon. Members—that certain states have the intent and capability to conduct such activity to advance their objectives. We have talked about Iran, Russia and China. Such activity is often opportunistic. It is adaptive, and it is increasingly integrated across multiple domains, combining physical, cyber, economic and international tools. Increasingly, as has been pointed out, it involves new and emerging tools such as AI, as well as TikTok, cyber, AI and a range of other things.
In December 2024, the former Home Secretary, my right hon. Friend the Member for Pontefract, Castleford and Knottingley (Yvette Cooper), commissioned the independent reviewer of state threats legislation, Jonathan Hall KC, to conduct a review into the tools available in terrorism legislation to see how they might be applied to the problem of state threats. He proposed that there should be legislation to create a state threats power equivalent to that of proscription under the Terrorism Act 2000, and although the Bill does not deliver the recommendations of the entire Jonathan Hall report, it does deliver that proposal. To that extent, it is a narrow, not a comprehensive Bill. It is important that Members from all parts of the House understand that that is what the Bill does.
Rather than trying to shoehorn everything else into this Bill, it is important that we understand the nature of the Bill and what it actually does. It strengthens the Government’s ability to disrupt hostile intelligence services and their proxies by adapting counter-terrorism tools to tackle state-based security threats to the UK. It seeks to close that loophole. It creates a new power for the Secretary of State to designate organisations involved in foreign power threat activity, modelled on the Terrorism Act 2000. It introduces three new criminal offences of supporting, assisting or obtaining benefits from designated bodies. The Bill will enable proxy organisations to be treated in practice like foreign intelligence services, making it easier to prosecute those acting on their behalf. It strengthens the overall national security framework so that the UK becomes a more difficult operating environment for foreign intelligence services and their state-linked proxies.
Individuals acting for a designated body will feel the full force of our national security legislation and the potential accompanying prison sentences of up to 14 years. Designation will send a clear public signal to bodies and those prepared to assist them that their malign behaviour will not be tolerated in the UK. Our manifesto committed to adapt the approach used for dealing with terrorism to state-based security threats, and that is precisely what the Bill does.
The shadow Minister, the hon. Member for Rutland and Stamford (Alicia Kearns) is a passionate responder at the Dispatch Box, and her interest in this area and her commitment to getting it right are clear. The Government have been working on this legislation since Jonathan Hall made his recommendation. The Prime Minister, in the light of the arson incidents that we saw in north London earlier this year, gave a firm commitment to legislate in a matter of weeks, and we are doing just that to close this loophole on state or proxy-based threats.
To be clear, this legislation is no less robust than the Terrorism Act 2000. As my right hon. Friend the Home Secretary said, Jonathan Hall said that using terror legislation is
“shopping in the wrong department”.
This Bill will ensure that we are shopping in the right department.
I accept what Jonathan Hall said, but what he did not say was that a higher statutory bar was needed to achieve a prosecution. What worries some of us, including my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) and me, is that the addition of that will make it quite hard to achieve a prosecution under the proposed law, not least because the Bill suggests that there must be a criminal purpose—an illicit purpose—involved in the association with a designated body. Will the Minister address that specific point?
I think that there are some necessary differences between a terrorist organisation and a state-influenced or state proxy organisation, which the differences between the Bill and the National Security Act—which deals with terrorism—seek to bring out. Jonathan Hall said that the Bill “does the job” in closing that loophole. He also told the House that he thought it would be harder to achieve the prosecutions for designated organisations than those for terrorist organisations. The Bill builds on a tried and tested series of measures in the National Security Act, and we have developed it closely with operational partners. It does the job. We do not believe that it is tougher to get appropriate prosecutions up and running in this context.
No one, I think, respects Jonathan Hall more than we do. He has done an exceptional job for this country in many different ways. He is a man of the highest integrity and the greatest intellect, and we are very lucky to have him.
Given that it seems unlikely that the Home Secretary or the Minister will accept amendments today—I am sorry about that, but I heard their views—will the Minister engage in a conversation between now and the Bill’s passage through the House of Lords? There is a moment when we could introduce amendments that we feel would be of assistance to the Government and, in fact, would make us all stronger.
I am more than happy to create a circumstance in which we can do that. I think there have been some misunderstandings about what protections are offered in the Bill, and some of the amendments seek to address gaps that are not actually there. However, I am more than happy to deal with that, and I will be in touch with the right hon. Gentleman to organise it before the Bill goes to the House of Lords.
The hon. Member for Rutland and Stamford (Alicia Kearns) said that the Bill did not take into account activity outside the UK. She was wrong to say that that was not covered. The offences capture activity outside the UK where it is contrary to the safety or interests of the UK, and case law has made it clear that the definition of “safety and interests of the UK” is wide. As I have said, we have worked closely with operational partners to shape the Bill, and we are confident that it will provide the powers that are needed. There have been successful prosecutions under the National Security Act, which demonstrates that powers of this kind work.
Yes, the law specifically covers UK citizens who then travel abroad to commit a crime in support of these proscribed groups. However, it explicitly states that that does not apply if they are planning the crimes here in the UK and they happen abroad, unless it is prejudicial to the safety of the UK. It would be very straightforward for a lawyer to argue that something that takes place in Iraq is not prejudicial to the safety of the UK.
When I met Foreign Office and Home Office lawyers last night, they said it was “likely” that that would be captured. I said, “I recognise that ‘likely’ is hopeful, but it is not absolute.” [Interruption.] The Minister will be able to answer in a moment. I am formally repeating the conversation that I had, a conversation that was requested, in which I was told that this was “likely”. That is very different from saying, “We will be able to prosecute, and we must be able to do so.” We should be wanting to pass clarifying amendments to put additional protections into law so that it is watertight, to ensure that the actions of anyone in Manchester planning something abroad will definitely be captured.
I suspect that lawyers often use words like “likely”, because they are very rarely ready to commit to “absolutely”. Perhaps we need to deal with some of this in more detail in Committee, but we are assured that overseas activity will be covered in the interactions of this Bill, and case law makes that more likely.
I am loath to go through in detail the Committee-style points that were made during the debate. What I will say is that designation is the closest we can get to state-inspired and connected proxies or organisations, so that we can prevent them from behaving in the way that they are behaving on our streets day in, day out. A designation will allow us to ensure that we capture and prosecute the malign activity in which hybrid and state actors involve themselves, so this Bill closes the gap that Jonathan Hall discovered in the National Security Act.
We wish to get the Bill on the statute book so that we can deal with the rising threats on our streets, which many Members on both sides of the House mentioned in their Second Reading speeches. I am extremely grateful that all Front Benchers support the Bill and will not vote against it, and I look forward to dealing with some of the amendments in much greater detail in Committee. I urge the House to give this Bill a Second Reading.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).