Draft National Security Act 2023 (Consequential Amendment of Primary Legislation) Regulations 2025 Draft Police Act 1997 (Authorisations to Interfere with Property: Relevant Offence) Regulations 2025

Dan Jarvis Excerpts

Wednesday 8th January 2025 General Committees

[The Minister for Security (Dan Jarvis)]

I beg to move,

That the Committee has considered the draft National Security Act 2023 (Consequential Amendment of Primary Legislation) Regulations 2025.

[The Chair]

With this it will be convenient to consider the draft Police Act 1997 (Authorisations to Interfere with Property: Relevant Offence) Regulations 2025.

[Dan Jarvis]

It is a pleasure to serve under your chairship, Mr Mundell.

Both the draft statutory instruments, which were laid before the House on 29 October 2024, relate to the National Security Act 2023. That Act, which received Royal Assent in July 2023, includes a number of measures to protect the public, to disrupt the full range of modern-day state threats and to modernise our counter-espionage laws. Among the measures is a prohibited places regime, which includes a suite of tools and offences to protect against and capture harmful activity in and around some of the UK’s most sensitive sites, including from modern threats such as unmanned aircraft—more commonly known as drones. It is essential to make the amendments in the two draft instruments to ensure consistency of approach in consequential amendments in both English and Welsh versions of related legislation, and to ensure that our law enforcement agencies have the right tools to do their critical work.

The draft Police Act 1997 regulations add drone-specific offences under the National Security Act 2023 to the list of relevant offences in the Police Act 1997. The 1997 Act provides police and other authorised officials with the legal authority to employ counter-drone equipment, to detect and prevent the use of drones in the commission of relevant offences. That amendment is essential to enforce the National Security Act, as it ensures that police and other authorised officials can authorise the appropriate technical tools to tackle and combat drone misuse. If we do not proceed with the draft legislation, there may be instances in which an offence under the National Security Act 2023 is committed but the police are unable to authorise the use of their equipment.

The other instrument, the draft National Security Act 2023 (Consequential Amendment of Primary Legislation) Regulations 2025, amends the Welsh-language version of the Public Services Ombudsman (Wales) Act 2019. In December 2023, when changing the English-language version of the 2023 Act through the National Security Act 2023 (Consequential Amendment of Primary Legislation) Regulations 2023, the corresponding change was not made to the Welsh-language version, due to an oversight. The draft instrument will correct that oversight, ensuring that there is no misunderstanding when consulting the Welsh-language version of the Act regarding the ability to disclose information obtained in the course of an investigation by the Public Services Ombudsman, if required in relation to a prosecution for offences under the National Security Act.

I hope that I have made it clear in my remarks that the draft regulations are simply to ensure the correct application and enforcement of primary legislation that has already been agreed by Parliament. Passing the two draft statutory instruments is an important step to correcting an inaccuracy and enforcing primary legislation.

--- Later in debate ---

[Dan Jarvis]

I am grateful to the shadow Minister for the constructive tone of his response. I think this is the third statutory instrument that we have done together, and he has always asked entirely sensible and reasonable questions; I am grateful for his approach.

The hon. Gentleman rightly said that the police need to have the technological capabilities to address a developing technological threat. Concerns have been expressed around drone activity in recent times; that has been very much in the public domain. He is absolutely right to say that we must take every step to ensure that drone hobbyists, who rightly use drones in an entirely responsible and reasonable way—there are a number, both nationally and in my own constituency—do not fall foul of the legislation. The last thing that we want is unnecessary pressures on the police and the courts. I will take away the shadow Minister’s point and reflect on it further. I will satisfy myself that work is under way, locally, regionally and nationally, to address the points he raised. If I think I need to come back to him on those points, then I will, but I am grateful to him for raising them today.

In closing, I reiterate that these instruments provide essential updates to allow the correct application and enforcement of the National Security Act 2023. The amendment to the Police Act 1997 is essential to ensure that police and authorised officials have the right tools to tackle drone misuse. The consequential amendment will ensure that existing primary legislation will continue to function properly. The amendment to the Public Services Ombudsman (Wales) Act 2019 is essential to ensure correct application of the rules of disclosure in relation to offences contained in the National Security Act of 2023. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft National Security Act 2023 (Consequential Amendment of Primary Legislation) Regulations 2025.

DRAFT POLICE ACT 1997 (AUTHORISATIONS TO INTERFERE WITH PROPERTY: RELEVANT OFFENCE) REGULATIONS 2025

Resolved,

That the Committee has considered the draft National Security Act 2023 (Consequential Amendment of Primary Legislation) Regulations 2025.—(Dan Jarvis.)