National Security (State Threats) Bill

Lord Verdirame Excerpts

2nd reading
Tuesday 23rd June 2026 Lords Chamber

[Lord Verdirame (Non-Afl)]

My Lords, I too support the Bill and commend the Government for bringing forward this long-awaited legislation. I join others in paying tribute to Jonathan Hall KC, who has done much of the work that has paved the way for this legislation, both as Independent Reviewer of Terrorism Legislation and as Independent Reviewer of State Threats Legislation. As he repeatedly pointed out, we cannot deal with state threats, including state terrorism, by simply using the same approach that we have used for terrorism legislation. There are political, diplomatic and legal differences.

One of the key legal reasons why state threats need a different approach is that state officials enjoy immunity from criminal jurisdiction in our courts in respect of their official conduct. I suspect that immunity is one of the main reasons why the Government decided that we cannot have a straightforward membership offence which mirrors the offence under general terrorism legislation.

My questions are about the scope of some of the offences, and in particular new Section 17B of the National Security Act 2023, the offence of “Assisting a designated body”, which would be introduced by Clause 2. To understand the reach of the offences, it may be helpful to test them against some examples, and I have two.

The first is that of an IRGC plotter based in Tehran who has co-ordinated attacks by proxies in the United Kingdom. If that IRGC plotter happened to fly to the United Kingdom, or to another country from which he could be extradited to the United Kingdom, what, if any, conduct would we say has taken place in the United Kingdom for the purposes of the new Section 17B offence? Section 17B will criminalise the provision of assistance to a designated body in carrying out UK-related activities. Subsection (5) provides that the offence

“will apply to conduct outside the United Kingdom but applies to conduct taking place wholly outside the United Kingdon only if the person engaging in the conduct is a UK person”,

or acts on behalf of the Crown or holds office for the Crown.

In my example, the person is not a UK national and does not act on behalf of the Crown, and that person will presumably say that, in those circumstances, his conduct, such as it was, took place wholly outside the UK, so the offence does not apply. They would be able to rely on the judgment of the Supreme Court in El Khouri which dealt, in the context of extradition, with the definition of the word “conduct”. The Supreme Court held that

“the word ‘conduct’ would normally and naturally be understood as a synonym for acts done by the requested person in the specified location and not as including effects (whether intended or not) felt in that location of acts done somewhere else. A compelling reason is needed to interpret ‘conduct’ as bearing such an abnormally wide meaning”.

The noble and learned Lord, Lord Hope, is here. The Supreme Court dealt with one of his speeches in another case, that of Cando Armas, in which the noble and learned Lord had taken a different approach. If that had prevailed, we would not have the problem we will have under Section 17B in my example.

It is true that in my example, the person may be relying on, or invoking, immunity, but immunity is quite specific to the facts. That person may not have been a state official, or a former state official, so in the facts of the case they may not be able to invoke immunity successfully but, in any event, immunity is a separate issue and it is not a reason for limiting the definition of the offence. Thus, on the question of the scope of Section 17B, assuming that all the work had taken place in Iran—outside the UK—what would we say is the conduct that has taken place in the UK, so that we can potentially prosecute that person under Section 17B?

My second question on scope concerns the definition of “UK-related activities”. The offence of assisting a designated body is committed if the person intends that conduct materially to assist a designated body in carrying out UK-related activities, which are defined in subsection (5) as

“activities taking place in the United Kingdom”

and

“activities taking place outside the United Kingdom which are prejudicial to the safety or interests of the United Kingdom”.

Let us take another example: that of a person who is based in the United Kingdom and engages in the conduct of assisting the designated body in the UK, but the activities the designated body is pursuing are activities against an ally of the UK, be it Ukraine, the UAE or Israel. The Government will argue—the Minister referred to this in his opening remarks—that the UK-related activity would include activity against our friends and allies. However, if I understood him correctly, he also said that it would still be necessary for there to be some “recognisable effect” in the UK. I think he mentioned that international law requires—I am still a bit confused about this—certain jurisdictional links between the exercise of criminal jurisdiction and the state. However, in this case, there is an obvious link: the conduct would have taken place in the United Kingdom. The person in question would have done the planning and provided the support to the designated body in the UK, and then the designated body’s activities would have targeted one of our allies. As I understand the position under international law, there is already a sufficient nexus with the UK territory for us to take action against such an individual, so why would a further nexus be necessary? It is an important question, because it will define the extent to which we will be able to use this legislation against individuals who will use the United Kingdom as a base for planning activities against allies abroad.

In closing, I raise the question of the time allocated to this Bill. There is broad support for it, and we all agree it has to be put on the statute book quite quickly, but some points have emerged that require further discussion. In addition to those I have raised, I want to explore the points raised by the noble Lord, Lord Anderson of Ipswich. We have only two days to table amendments and then just one day to debate them. I very much hope, as the noble Lord, Lord Alton, said, that we are going to have a long session next week to debate the amendments.