National Security (State Threats) Bill

Debate between Jeremy Wright and Alicia Kearns

2nd reading
Wednesday 17th June 2026 Commons Chamber

[Sir Jeremy Wright]

My right hon. Friend and Committee colleague is right in what he says, and I will come back to how and why we distinguish what the Bill proposes from the proscription regime.

On what is required to prove at least one of the criminal offences set out in this Bill, clause 2 introduces a new offence under a proposed new section 17A of the National Security Act 2023. The offence involves support for a designated body, but only if such support is given for “a prohibited purpose”, which proposed new section 17A(4) sets out is

“a purpose that the person knows, or having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom.”

That is an additional element that the prosecution must prove. That will undoubtedly make this offence more difficult to obtain convictions under, and there may be good reason for that, but if there is, I want to understand what it is.

I make two observations on the Government’s chosen approach in relation to that specific proposed new offence. The first is that this is not equivalent to proscription under the Terrorism Act 2000. I use that expression because that is the wording the Government have used in setting out their aspirations with the Bill. Although the Government intend designation to be similar to proscription in many respects—I accept it cannot be in all respects—proscription does not require an additional motive for someone who supports a proscribed organisation, but merely that they support the proscribed organisation and know that that is what they are doing. No additional motive, demonstrating some kind of animus against the welfare of the United Kingdom, is needed, and that is an important distinction.

The Government may say that the reason for that difference is to protect those who are engaging with a legitimate entity in a way that, just as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) says, can never be possible with a proscribed terrorist organisation. In that case, however, I am struggling a little with the purpose and effect of designation itself. Surely the point of designation in the Bill is to move an organisation from the acceptable column into the unacceptable column. Surely the list of reasons why someone might be designated, which I read out earlier, is there to show us that those organisations, when they are doing those things, should not be worthy of support of any kind; but that is not, I think, where this legislation leaves us.

[Alicia Kearns]

That is precisely the point that I made in my opening speech. The Government are saying that it is not legitimate to engage with these bodies. Of course they want a carve-out to protect Crown servants, but that is explicitly included in the Bill. What they are doing, essentially, is creating a carve-out whereby people could say that it was legitimate for them to engage with the IRGC, and that somehow it would not be inherently dangerous or unbeneficial to engage with it. We are creating a threshold that I do not believe the courts will be able to meet, so we will not get the prosecutions that the Bill is designed to create.

[Sir Jeremy Wright]

I will come to exactly that point about the carve-outs. It is, I think, evident from a close reading of the Bill that the Government’s approach to the first of the new offences it creates differs from their approach to the next two. I want to understand from the Minister for Security—and this is my second observation—why that difference exists. I should say at this point that it is a great pleasure to see the Minister, the hon. Member for Wallasey (Dame Angela Eagle), in her place. As a distinguished former member of the Intelligence and Security Committee, she knows about these matters. However, I am also conscious that she has only just arrived. I hope I am setting out these specific concerns in a way that will give her two chances to answer them, on Second Reading and in Committee. If she is concerned about the lack of time between the two, she has no one to blame but her own colleagues—but we will come back to that.

As I was saying, my second observation relates to precisely the point made by my hon. Friend the Member for Rutland and Stamford (Alicia Kearns). There is a difference between the way in which the Bill sets out the first of the new offences and the way in which it approaches the other. For example, new section 17B, which amends the National Security Act, creates the offence of “Assisting a designated body”, while new section 17C creates the offence of

“Obtaining…material benefits from a designated body”.

Neither of those requires the additional motive of acting with a prohibited purpose. Instead, both allow for defences to be raised by those accused to establish that they were acting for a proper purpose. That would, of course, include not giving carte blanche to anyone who works for the British Government to behave as they wish, but if that person is acting within the purposes of their public appointment, it would offer them the chance to raise that defence, and would also offer opportunities to present a defence of acting in compliance with a UK legal obligation. I simply want to understand from the Minister why that approach was not taken in relation to the offence of supporting a designated body, because that would have been an attractive way forward.

Perhaps the Government will say that the prohibited purpose requirement matches some of the offences in the National Security Act, where they are carried out for or on behalf of a foreign power, but the National Security Act definition includes any foreign power, benign or malign. This, of course, is different, because a designated body has already been designated by the Secretary of State as a body that is— if I can use unparliamentary language—up to no good, and should therefore, in my view, be in a different category. Perhaps we have already established that demonstrating that they were acting innocently in support of it would be a high bar for any potential defendant to meet. It would be helpful to understand the Minister’s view on that.

Let me finish where I started. I agree with the purpose of the Bill; I think we all do, and it is clearly important for the Government to plug an evident gap in our legislative armoury. However, we must be certain that the way in which the Government are approaching the plugging of that gap is the right way, and that all these parts of the Bill fit together—not least, as we heard from the Chair of the Home Affairs Committee, my right hon. Friend the Member for Staffordshire Moorlands (Dame Karen Bradley), with other parts of the sanctions and other regimes. It is that process that I hope the Minister will be able to deal with, either when she winds up this part of the debate or subsequently in Committee.