CHINA
- is also apparently being given to updating treason laws.[1] In September 2020, HMG confirmed that the Home Office was working on a Counter-Hostile State Activity Bill, to create a Foreign Agents Registration Scheme and reform the Official Secrets Act,[2] in line with recent recommendations by the Law Commission (which found that the espionage offences in the Official Secrets Acts 1911-1939 were "very wide but rarely prosecuted", as a result of dated and obscure drafting and complex supporting case law).[3]
- October 2020, the Acting National Security Adviser told us that this Bill would also address issues around foreign interference—with the inclusion of "a package of measures around education, partly support to universities, partly acquiring new tools in which to address that kind of interference".[4] In late 2020, MI5 told the Committee how it had been contributing to the development of the proposed legislation:
So there is a series of different choices and how far you do or don't go around any reform of the Official Secrets Act, there is a series of choices that are not yet landed or settled, but what MI5 is doing clearly is feeding in our perspective on the things that would make a difference and, from where I am sitting, the biggest gap at the moment is around interference. There are still plenty of gaps around espionage, but we do at least have some relevant powers there; whereas the act of being an agent of a foreign power engaged in things against the interests of the UK is one where we think there is a real gap and so I am very pleased that government has the intention to legislate.[5]
- The Integrated Review, published in March 2021, included a further commitment to introduce Counter-State Threats legislation—"when Parliamentary time allows".[6] A consultation on legislation was announced in May 2021 and concluded in July 2021.
- At the time of taking evidence, one of the Committee's key concerns was that any such legislation must introduce an effective "economic espionage" offence—something that the UK Intelligence Community suggested could be an important tool in the battle against China. At present, there are no criminal offences covering economic espionage that are not specifically linked to classified research or technology. A new offence might cover companies, research collaborations, joint ventures, seed funding, venture capital and access to academics and students covertly to obtain Information Data and Intellectual Property to secure commercial advantage against the UK.[7]
- ↑ 'Queen's Speech December 2019: back ground briefing notes', HMG, December 2019.
- ↑ Written evidence—HMG, 14 September 2020.
- ↑ Law Commission Report, Protection of Official Data, September 2020.
- ↑ Oral evidence—NSS, *** October 2020.
- ↑ Oral evidence—MI5, *** October 2020.
- ↑ Global Britain in a competitive age—The Integrated Review of Security, Defence, Development and Foreign Policy, HMG, March 2021.
- ↑ Written evidence—HMG, 18 April 2019.
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