National Security Bill (First sitting)

Debate between Ben Everitt and Holly Lynch

Committee stage
Thursday 7th July 2022 Public Bill Committees

[Ben Everitt]

I think everybody here would agree that a team has to play by the same rules.

[Holly Lynch]

Q The Bill creates a new offence of preparatory conduct in part 1. To what extent do you think that was an omission in previous legislation? I have heard from former members of the security services that they feel quite strongly that this is welcome, but the definition of preparatory conduct is drawn quite broadly. I wonder if you could comment a little on that.

Professor Sir David Omand: I was pleased to see the power in the Bill because, particularly in the digital age, you can take the offensive and you can prepare, but you may not have got to the stage of actually pressing the button. If you can demonstrate that a foreign state was engaged with help from inside the country in some serious espionage or sabotage activity, it seems to me that the very preparation is something that the prosecutors ought to be able to bring forward. In the terrorism example, the cases would be slightly different, but the offence of acts preparatory to terrorism has been extremely helpful to the prosecution authorities for good reason.

Sir Alex Younger: The bottom line is that we have to get in front of this stuff. Just speaking as a counter-terrorist practitioner, that is the additional discipline. It is not like solving the crime. We need to solve it before it has happened, and that raises a set of ethical and legal dilemmas where it is important to be striking the right balance, so I really welcome the proper treatment that we see of that in the Bill.