Question to the Home Office:

To ask Her Majesty’s Government whether they consider that the Foreign Enlistment Act 1870 provides sufficient authority to prosecute British citizens who join with states or other entities making war in support of the enemies of the United Kingdom; and, if not, whether they intend to amend the Act or to introduce new legislation based upon it in order to do so.

The Foreign Enlistment Act 1870 remains in force and there are no current plans to amend it.

The UK has a range of terrorism and criminal law offences to tackle British citizens who travel overseas to participate in armed conflict abroad. Where there is evidence that these individuals are engaging in activities there which may harm the UK, we can already seek prosecution on their return to the UK.

The Prime Minister recently announced a package of wide-ranging measures which will further strengthen our capability to deal with the increased threat from foreign fighters and British-born jihadists who seek to harm the UK. In addition, the Government is already legislating in the Serious Crime Bill to extend our territorial jurisdiction over two offences in the Terrorism Act 2006 which will enable the prosecution of those who travel overseas to prepare and train for terrorism.