National Security (State Threats) Bill

Caroline Nokes Excerpts

Committee of the whole House
Wednesday 17th June 2026 Commons Chamber

[Dame Angela Eagle]

I note the hon. Lady’s point.

Amendment 10 would

“create an offence of engaging in conduct in preparation for committing, or assisting another to commit, an offence relating to a designated body.”

It is not necessary, because a person who engages in conduct of any kind, including preparatory conduct, that is intended to assist a designated body in carrying out UK-related activities would be caught by the Bill’s provisions.

The hon. Lady talked about what she called a loophole; she said that the Bill does not cover attacks inspired by a designated body. Her amendment 13 would create a new offence for self-directed acts inspired by a designated body, but we do not believe it is necessary. The test for the assisting offence in proposed new section 17B of the National Security Act is whether conduct is intended to assist a designated organisation, or whether the person ought to have known that their conduct was likely to assist the organisation. The person does not need to be tasked or directed by the organisation to commit the offence, so those who are inspired to do things, rather than being asked or told to do things by the designated body, are caught.

With amendment 8, the hon. Lady seeks to capture conduct that occurs outside the UK but is planned within the UK. Again, we believe it is unnecessary. If planning takes place in the UK, it is already caught in the Bill, under the offence in proposed new section 17B of assisting a designated body. That offence refers to conduct of any kind, and it will be an offence to plan something in the UK that takes place outside the UK if it materially assists a designated body in carrying out activities that are prejudicial to the safety or interests of the UK—the prohibited purpose test. That could cover someone in the UK who assists a designated body in its work, done overseas, to target an ally of the UK, so the amendment is unnecessary.

Amendment 14 would create an offence relating to the dissemination of publications that encourage support for a designated body. The conduct that the amendment seeks to address is already covered by the new offence of supporting a designated body.

I think the hon. Lady wanted people to be criminalised for wearing clothing or displaying flags or similar symbols linked to a designated body. The Bill does not ban the wearing or carrying of an image, because we cannot ban what might be worn by a foreign diplomat, but if somebody is supporting or promoting the hostile activities of a proscribed body in any way, they will be caught by the new support offence. I hope that assures the hon. Lady that that issue is covered.

New clauses 5 and 6 would give effect to other recommendations made by Jonathan Hall by creating new powers to seize travel documents, and to allow police to apply for serious crime prevention orders in relation to offences committed under this legislation. We are committed to legislating on those recommendations and, as my right hon. Friend the Home Secretary announced on Second Reading, we will do so as soon as parliamentary time allows.

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

[Max Wilkinson (Cheltenham) (LD)]

I want to begin by restating that Liberal Democrats support this Bill. We have long called for action to tackle the threat posed by the IRGC, and we have repeatedly been disappointed by slow progress. The Bill represents a positive step, and a rare moment of agreement on a principle across this House. When it comes to important matters of national security, this is a desirable outcome.

The UK is increasingly targeted by hostile state-backed groups, and the IRGC has been involved in such activity, as we know. Attacks on Britain’s Jewish community in recent months have laid bare the clear and ongoing threat to that community, and also to UK national security. The uptick in antisemitism and the threats against our national security continue, regardless of the politics in this House, and we must bear that in mind when we act urgently to protect Jewish communities. That is why I urge Members across the House to support new clause 3 on the designation of the IRGC. This will provide, after long delays, much-needed certainty for the Jewish community and others that the Government will act at pace by bringing forward regulations within a month of this legislation passing.

--- Later in debate ---

I support this Bill and want it to pass, but I am concerned that some who play a crucial role in propping up designated groups, shielding their finances and contributing to their malign activity could get away unscathed. I urge the Government to support this amendment today.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Minister.

[Dame Angela Eagle]

New clause 3, tabled by the hon. Member for Cheltenham (Max Wilkinson), would require the Secretary of State to bring forward regulations designating the IRGC within a month of this Act coming into force, but the exercise of these powers under this Bill will have significant implications for national security and foreign policy, and it is right that they should be exercised independently by the Secretary of State on the basis of expert advice, including from the security and intelligence agencies. That is what this Bill allows, and putting these designations on the face of the Bill would be a very difficult way to effect the change, so the way to do this is the way that the Bill sets out.

The hon. Member for Cheltenham’s new clause 4, which would

“require the Independent Reviewer of State Threats Legislation to assess the adequacy of the powers introduced by this Act twelve months after its passing”,

is already essentially covered by the Bill’s provisions, because they would be subject to part 3 of the National Security Act. The independent reviewer of state threats legislation has to carry out an annual review into the operation of its provisions, and is also empowered by part 1 of that Act to review any other such things he or she sees fit. Amendment 2 would require the draft affirmative procedure to be used for regulations removing a designation. He is right that such regulations should receive the proper parliamentary scrutiny, and the Bill already provides that such regulations are subject to the draft affirmative procedure. The use of the negative procedure is limited to very minor technical changes, such as the addition of aliases.

My right hon. Friend the Member for Hayes and Harlington (John McDonnell) asked whether it would be possible to proscribe a particular group, and gave a particular example. The test is whether the body is engaged in “foreign power threat activity”; it is a high bar, and it targets organisations that pose a real threat to the UK. I cannot imagine for one minute that my right hon. Friend would be involved in any of those.

Amendment 1, tabled by the hon. Member for North Norfolk (Steff Aquarone), would provide further examples of conduct that would be considered a material benefit, and he spoke about what those might be. Obtaining material benefits from a foreign intelligence service is an existing offence under section 17 of the National Security Act, so I do not think the further examples of conduct in amendment 1 are needed, as that conduct is already caught by the provisions in the Bill.

--- Later in debate ---

[Alicia Kearns]

I am not sure that anyone has disputed that Jonathan Hall backs the Bill. I had a lengthy call with him to discuss the gaps in the Bill, which I am sure the hon. Gentleman has not had. I will not share a private conversation, but I encourage the hon. Gentleman to have a similar call with Jonathan Hall to discuss those gaps.

We are here in this place to find the gaps while they can still be mended. That is the whole of our purpose, but we were not permitted to fulfil it today because scrutiny was declined. I have to admit that it feels like our suggestions were not even given due consideration. So I must tell the House what in the Bill now leaves this Chamber unaltered. The sponsor remains more gently treated in law than the proxies that it arms. The world’s largest sponsor of terrorism keeps a protection denied to its terrorist proxies.

The self-directed actor—the lone individual that our terrorism law learned to tackle, at great and terrible cost, two decades ago—will fall through a gap that we were forbidden to close. Britain may be used as a base from which to plot against our friends in Dublin, Berlin or Brussels, or even those in Hong Kong and Tehran.

The flag of the Islamic Revolutionary Guard Corps may still be flown, lawfully, on a British street, glorifying every threat against our Jewish communities that the regime has directed here. [Interruption.] The Minister may say, “Not necessarily,” but she specifically ruled out our amendment on the basis that we should not prevent members of the Iranian diplomatic corps from wearing uniforms here. The Bill does not apply to members of the diplomatic corps; it applies specifically to UK persons. That is therefore still the case and there is no protection against seeing those flags walked past Jewish people’s homes. In Committee, I asked the Government how we look the people the regime has hunted in the eye and tell them that the banner of the hunter is still welcome on our streets. Tonight, I have no answer to offer them.

A law passed in good faith but built wrongly fails as surely as one that is passed in bad faith. When a prosecution comes, it will turn not on the speeches given today, the Government’s good intentions or our warnings, but on what a defendant did. When that day comes and there is a gap that was identified in this House today that could have been closed in an afternoon, let the record show that it could have been mended.

The Bill now passes to the other place, and I have every confidence that their lordships will give it the scrutiny it deserves. We will not oppose the Bill tonight. We will support it, not because it delivers the full protections it should, but because a flawed shield is still a shield of some form and the men and women that the Bill is designed to protect cannot be left with nothing. We support it, having placed on the record of this House what was refused and whose hand refused it. The threat we face is patient, it is ruthless and it will not be deterred by a law that we were too rushed to finish and that the Government were too proud to mend.

I have supported this Bill at every stage, and it is because of that that I lament what the Bill could have been and that the House was given a single afternoon to try to get it right. I hope this Bill is as watertight as the Government assert, but if they wish to be absolute and to remove risk or ambiguities, we ask those in the other place to shut down any risk that the shield this aims to be might let even one traitor succeed in harming our nation. I hope they will do that on the basis of the way we have put forward our amendments: in the national interest.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.