National Security (State Threats) Bill

Mark Pritchard Excerpts

2nd reading
Wednesday 17th June 2026 Commons Chamber

[Shabana Mahmood]

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.

[Mark Pritchard (The Wrekin) (Con)]

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.

[Shabana Mahmood]

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.

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[Shabana Mahmood]

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.

In addition, the foreign influence registration scheme has been in force for close to a year. Russia and Iran are placed on its enhanced tier. Anyone now conducting activity on behalf of those states faces a clear choice: identify themselves and register their activity, or face the prospect of prison.

Sanctions remain a vital tool in our action against hostile states. The UK now has more than 550 sanctions against Iranian-linked individuals and organisations, including the Islamic Revolutionary Guard Corps in its entirety. Through measures like these, we have made this country a harder target. However, as we improve our defences, our adversaries respond and change their behaviour to pose new threats to our country. That has been particularly evident in the rising use of proxy groups—criminal gangs, professional enablers and front companies that do the bidding of a foreign power, against the interests of this country, in exchange for money.

There has long been a desire to ban state-linked organisations from operating in this country, and to target those who facilitate them. That is why the Government made a manifesto commitment to deal with state-backed domestic security threats in the same way that we tackle terrorism. The question was how to create the right legal power to do so. My predecessor, now the Foreign Secretary, tasked Jonathan Hall KC, the Government’s independent reviewer of terrorism and state threats legislation, with answering that question.

[Mark Pritchard]

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?

[Shabana Mahmood]

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 definition of a body is purposefully wide; it cannot be targeted at individuals, but it can be targeted at a wide range of organisations, including foreign intelligence services, mercenary groups, front companies and criminal networks. The power to designate is of critical importance.

--- Later in debate ---

[Alicia Kearns (Rutland and Stamford) (Con)]

We support the ambitions in the Bill, we want the Islamic Revolutionary Guard Corps to be designated, and we want the Bill on the statute book, so the Government will find no enemies on our Benches today—only an Opposition determined to ensure that this law protects our people and our country. That is not a cause that belongs to those on one side of the House alone.

The Government are right to bring forward this legislation, but they must now have the courage to get it right. The head of MI5 warned us that state-based threats have risen by more than a third in a single year, and that since 2022 our security services have disrupted more than 20 Iran-backed plots to kidnap or kill on British soil. That is 20 plots in our country, and against people who came to this country precisely because they believed it lay beyond the reach of the regimes they had fled.

There is a national emergency of antisemitism in our country. Jewish families, many of whose parents and grandparents came to these shores fleeing persecution, now find themselves looking over their shoulders once more. They have endured threats, intimidation and violence on a scale that this House swore we would never see again, and Jewish lives have become smaller. The Bill is a step towards ending that, because much of the activity is fomented, funded and directed from beyond our borders.

In the face of that national emergency, and attacks on our Jewish communities, a Bill that confronts hostile state activity on British soil is not just welcome but overdue, because a hostile state is not a gang or a terrorist cell. It poses a different challenge, operating through proxies, the hired gun and the useful idiot, recruited to sow chaos on our streets—but all backed by a foreign state with a flag, an embassy, a seat at the United Nations, and resources beyond the reach of most terrorist groups. That is what makes this Bill so difficult, and why it demands such care.

If the Bill is found wanting, it will handicap our police and the security services in their work—work that is largely unseen and for which they are too rarely thanked. Those officers deserve a Parliament ready and willing to give them the tools required for the task. That is what the Bill is for and why, in principle, it is right.

But—I am sure the whole House heard the “But” coming—the Bill has gaping deficiencies. It was laid in the House at the end of last Tuesday, and the Government want to carry out all its stages in one sitting by the end of today. A law on how we confront the gravest threat, short of outright and declared war, is being published, debated and railroaded through in a matter of days. That is a serious point, not a procedural complaint, because if we get the scrutiny wrong, our country will pay the price. We exist to find the weaknesses before our enemies do, and the Bill is meant to protect more people.

More than a year ago, Jonathan Hall KC, the independent reviewer of terrorism legislation, set out in detail why this sort of legislation was needed, and the Government accepted all his recommendations. But then we saw nothing for a year. When the House is told there is no time to get this right, let me be clear that there was time—14 months, to be exact. There was not the will to use it, until a single day was chosen for reasons that have nothing to do with the tempo of the threat.

I have called for this legislation for years, so no one will accuse us of wishing to delay it, but I say to the Secretary of State with complete candour that the threat did not arrive in a hurry and it will not be beaten by rushing today. There is no prize for being first to the statute book with a law that fails in the first courtroom that tests it. A Bill passed fast but built wrong is not a blow to hostile states; it is a gift to them. That is why we have tabled 13 amendments, not one of them to stall the Bill or to blunt it, but all to better protect us.

I will take the House through the amendments in Committee, but let me now name the gravest gaps, so that we go into this first debate with our eyes open. First, extraordinarily, the Bill is gentler on hostile states than the law currently is on terrorists. Under the Bill as drafted, to convict a person who, for example, supports the IRGC, the Crown must clear a hurdle that it does not face when prosecuting someone for support for the very terrorist groups that the IRGC arms and funds. The IRGC, the world’s biggest sponsor of terrorism, is being handed protection in law that the terror proxy is denied. I can find no version of that argument that survives being said out loud.

It should not be harder to prosecute the body that trains, funds and directs the terrorists than to prosecute the terrorist themselves. The provision on “prohibited purpose” sets a higher threshold, which lawyers for hostile actors will delight in. There is no reason beneficial to the UK for anyone to be engaging with the IRGC, so our amendments would simply bring the offence in line with the Terrorism Act 2000, from which it was copied and then weakened by the Government. The Secretary of State has just said that she wants hostile states to be treated the same way as terrorists, but that is not the case in this legislation.

Secondly, the Bill risks making Britain a launchpad for hostile acts against our friends—a state terror hub. A cell that conspires here, be it in Manchester or London, while directing its activity at Baghdad, Beirut, Berlin, Brussels or even Hong Kong will slip the net because the harm was meant for another state’s streets and not ours—it is not prejudicial to the safety of the UK. That is not just a hole in our law but an affront to our allies. Britain will not become a safe harbour for plots against our friends due to inaction from our side, and that is why we have tabled an amendment to close that gap.

Thirdly, as drafted, the Bill does not give the police the power to stop state-backed threats before they are enacted and therefore to secure a prosecution. Our terrorism law lets us intervene while an attack is still being planned, and that is among the most important powers our counter-terrorism police have. This Bill has no equivalent, so we could be powerless to charge a person who plans to assist the IRGC or another terrorist state organ unless they act. Our security services do not wish to clear up after plots; they wish to stop them and prosecute beforehand.

Fourthly, the Bill has not learned the hardest lesson of the last 20 years, which is that the most common danger that our security services have to deal with is no longer the directed plot but the lone individual who absorbs a hostile body’s propaganda and acts on it without specific direction. A hostile state brings sophistication and reach to its propaganda, yet the Bill catches only those commissioned and instructed, rather than those who are inspired by the climate created by the hostile state. It guards us against the plot that is ordered, but leaves us open to one for which no order has been given.

I will press the detail of these points in Committee, but I raise them now because they go to the heart of whether the Bill will work. I am afraid that Foreign Office lawyers, Home Office lawyers and Home Office officials have been unable to reassure me on any of these points. In fact, their answer—[Interruption.] If the Home Secretary wishes to intervene and clarify where I am wrong, she is very welcome to, but her own officials have said that it is “likely” the Bill may cope with these issues. I am not interested in “likely”. If someone is a traitor and they betray our country by supporting a hostile state, I want to make sure that they will be able to be prosecuted. Not one Government official has been able to reassure me or say that our concerns are wrong. I am glad that the Home Secretary of State finds that amusing. She is still very welcome to intervene.

[Mark Pritchard]

The shadow Minister is making an excellent contribution, as always, and I completely agree with her. I support the Bill, but I think it is thin. I also support the former Attorney General, my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), and the comments about legal ambiguity. That runs through the whole Bill.

The Home Secretary talked about diplomatic cover, saying that diplomats will not be affected by this, yet it is public knowledge that intelligence officers from certain countries operate under diplomatic cover. For example, if an intelligence officer from an embassy in the United Kingdom gave a great big bag of cash to a small criminal—I will not mention where they might be from—and said, “Go and commit some sabotage,” or “Go and commit some arson,” how would that be prosecuted in the courts? How is the Crown Prosecution Service going to disaggregate that? It would have to say, “This bit we can prosecute, but the other bit, the important bit, we cannot.”

[Alicia Kearns]

The reality is that an individual such as that would not be captured, because they would have diplomatic protections under the Vienna conventions. I admit that I have not been able to find an amendment that would correct that. That is why we have scrutiny of the House, because the shadow Front Bench is not the sole arbiter of where the gaps are. We would have been able to do this if we had had more time.

However, I will use this as a chance to touch on the fact that there is a protection in the Bill that if a person acts

“for or on behalf of, or holds office under, the Crown, or is in Crown employment”,

they are protected against any interactions they may have with the IRGC. However, there is a slight concern, because that is followed by:

“(whether or not they engage in the conduct in that capacity).”

We would all like to say, hand on heart, that no one who works for our country as a civil servant—a Crown servant—would ever betray us, but technically, under this legislation, we could not prosecute anyone who did so, even if they did so outside their official capacity and were therefore genuinely working to abet another organisation. Again, if the Home Secretary would like to clarify how we would prosecute rogue civil servants, I would be happy to take an intervention from her—but there isn’t one.

The Government decided that it was wise to attempt to pass such vital legislation in just one day, but we think that scrutiny is important because the Bill needs to work as well as it can. It is littered with omissions. I have already set out some of them. Additionally, Jonathan Hall said that we should give powers to the police to strip passports at the border, but the Government have not included that. It was proposed that there should be serious police protection orders, but they have removed them. We are gifting defences to would-be perpetrators, and the Bill should not be left as it is. These examples are only the gaping holes I could find in the two and a half days and late nights that I was given to find issues and table amendments.

There is one more thing that the Government and the House must hold in mind as we fix our gaze on Tehran. This power is rightly organisation agnostic. We must not write a law for the IRGC alone. We are writing a law for every hostile state organ that comes after it, and the next may look nothing like the last. I think of the United Front Work Department of the Chinese Communist party, of whose reach I have spoken often, and I hope the day comes when the Government turn this power on it. I doubt that that will happen, but I set out that ambition. That day will come only if we build this Bill for the second designation, the third and the fourth.

As drafted, this legislation has been written with a single, already sanctioned organisation in mind, and that shows. There is no reference to sanctions read-across in the Bill because the IRGC is already sanctioned. The Government said, “We don’t need to do a read-across for sanctions because the IRGC is already sanctioned.” I am not just looking at the IRGC. There are more organisations that will need to be designated in future. The law must fit not just one adversary but all. Otherwise, it is a single-use power dressed up as a meaningful law.

We support the principle of this Bill without reservation, and we will support it on Second Reading, but we will support it in the right way, with scrutiny, attention and determination to ensure that a rushed process does not result in us not meeting the scale of the threats we now face. It is vital that the Government engage today in good faith and listen to Members on all sides. Their failure so far to accept any amendments does not give me cause for optimism, but there is still time for them to accept some. The delay of the last 14 months should not be undone by haste today, because a half-built Bill will not redeem that time; it will simply compound the danger.