With this it will be convenient to discuss the following:
New clause 1—Offence of failing to declare participation in arrangement required to be registered.—
“(1) A person who carries out an activity, or arranges for an activity to be carried out, in the United Kingdom pursuant to—
(a) a foreign activity arrangement required to be registered under section 61(1), or
(b) a foreign influence arrangement required to be registered under section 64(1)
must declare that they are party to the arrangement, when making a communication to those in section 65(2)(a)(i) to (vi).
(2) A person who breaches the requirement in subsection (1) commits an offence.”
This new clause makes it an offence for a person to engage in activity pursuant to a foreign activity or foreign influence arrangement which is required to be registered, if the person does not declare that they are party to the arrangement when communicating with those in section 65(2)(a)(i) to (vi).
New clause 2—ffence of carrying out activities under a foreign activity arrangements: Disqualification from Parliament—
“(1) A person who is a Member of the House of Commons or the House of Lords commits an offence if—
(a) the person carries out an activity, or arranges for an activity to be carried out, in the United Kingdom pursuant to a foreign activity arrangement, and
(b) the persons knows, or ought reasonably to know, that they are acting under the direction of a specified person.
(2) A person who is found guilty of an offence under subsection (1), and is a Member of the House of Commons, is disqualified from membership of the House of Commons.
(3) A person who is found guilty of an offence under subsection (1), and is a Member of the House of Lords, is disqualified from sitting or voting in the House of Lords, and sitting or voting in a committee of the House of Lords or a joint committee of both Houses.
(4) In this section, “foreign activity arrangement” has the same meaning as in section 61(2).”
This new clause would automatically disbar Members of the House of Commons and Lords who are found guilty of engaging in an activity pursuant to a foreign activity arrangement, where the person knows, or ought reasonably to know, that they are acting under the direction of a specified person.
New clause 3—Reviews of Parts 1, 4 and 5—
‘(1) The operation of Parts 1, 4 and 5 of this Act must be reviewed by a person, or people, appointed by the Secretary of State.
(2) The operation of Part 4 must be reviewed by the person appointed by the Secretary of State under section 36(1) of the Terrorism Act 2006.
(3) The operation of Parts 1 and 5 must be reviewed by either—
(a) the person appointed by the Secretary of State under section 36(1) of the Terrorism Act 2006, or
(b) a different person appointed by the Secretary of State.
(4) Reviews under this section must be carried out in respect of—
(a) the 12-month period beginning with the day on which any section in this Part comes into force, and
(b) each subsequent 12-month period.
(5) Each review under subsection (1) must be completed as soon as reasonably practicable after the period to which it relates.
(6) The person or people mentioned in subsections (2) and (3) must send to the Secretary of State a report on the outcome of each review carried out under subsection (1) as soon as reasonably practicable after completion of the review.
(7) On receiving a report under subsection (6), the Secretary of State must lay a copy of it before Parliament.
(8) Section 36(6) of the Terrorism Act 2006 shall be read such that the “expenses” and “allowances” mentioned therein may include the discharge by the person or people of their functions under this section.’
New clause 4—Reporting on disinformation originating from foreign powers—
“(1) The Secretary of State must appoint a person or body to review the extent of disinformation originating from foreign powers which presents a threat, or potential threat, to national security.
(2) A review under subsection (1) must include an assessment of the extent of foreign interference in elections.
(3) A review under subsection (1) may include—
(a) examining the number and scale of offences committed, and estimating the number and scale of instances where an offence is suspected to have been committed, under—
(i) section 13, where Condition C is met, and
(ii) section 14,
and,
(b) any other matters the person or body considers relevant to the matters mentioned in subsections (1) and (2).
(4) The person or body appointed under subsection (1) may be the Intelligence and Security Committee of Parliament, or another person or body the Secretary of State considers appropriate.
(5) A review must be carried out under this section in respect of—
(a) the 12-month period beginning with the day on which section 13 comes into force, and
(b) each subsequent 12-month period.
(6) Each review under this section must be completed as soon as reasonably practicable after the period to which it relates.
(7) The person or body must send to the Secretary of State a report on the outcome of each review carried out under this section as soon as reasonably practicable after completion of the review.
(8) On receiving a report under subsection (7), the Secretary of State must lay a copy of it before Parliament.
(9) The Secretary of State may pay to the person or body—
(a) expenses incurred in carrying out the functions of the reviewer under this section, and
(b) such allowances as the Secretary of State determines, except where financial provision is already made to the person or body for the discharge of the person or body’s functions, of which this section may form part.”
New clause 5—Proceedings relating to safety or interests of the United Kingdom—
“(1) This section applies where a court is considering proceedings under Part 1 of this Act, where the proceedings involve the safety or interests of the United Kingdom.
(2) In proceedings to which this section applies, the court must take account of how the interests of the Secretary of State or of the Government of the United Kingdom may differ from the interests of the United Kingdom, in order to satisfy itself that the interests of the United Kingdom have been appropriately identified and considered.”
New clause 6—Ministerial conduct—
“(1) This section applies in relation to any Minister of the Crown who engages with, or intends to engage with, or ought reasonably to know that they are about to engage with, a person who is a part of a foreign intelligence service.
(2) A Minister of the Crown may only engage with such a person if either of the following conditions are met—
(a) a senior civil servant is formally present at or party to the engagement, and a formal record of the engagement has been made by the senior civil servant; or
(b) a senior civil servant is not formally present at or party to the engagement, and a formal record of the engagement has not been made by a senior civil servant, but the written consent of the Prime Minister has been sought by the Minister of the Crown, and has been granted and formally recorded in writing.
(3) In this section “engagement” includes meeting in person or via electronic means, and corresponding in writing or via electronic means.”
New clause 7—Requirement to inform public of prohibited places—
“The Secretary of State must by regulations make provision so as to ensure that the public are given sufficient notice—
(a) that a location is a prohibited place within the meaning of section 7;
(b) of the circumstances in which an offence may be committed under sections 4 to 6 in respect of that prohibited place.”
This new clause would place an obligation on the Secretary of State to make regulations providing for the public to be given notice of prohibited places and the conduct which would amount to a criminal offence in relation to them.
New clause 11—Home Office review of the Tier 1 (Investor) visa scheme—
“Within two weeks of the passage of this Act, the Secretary of State must publish any findings of the Home Office review of the Tier 1 (Investor) visa scheme which relate to foreign influence activity.”
New clause 12—Report on actions taken in response to the ISC report on Russia—
“Within six months of the passage of this Act, the Secretary of State must lay before Parliament a report on the effect of the action taken by the Government in response to the recommendations of the report of the Intelligence and Security Committee of Parliament on Russia (HC 632 of Session 2019–21).”
New clause 13—Ministerial appointments: official advice—
“(1) The Cabinet Secretary must publish a memorandum in respect of any ministerial appointments made by the Prime Minister, where advice or concerns were communicated to the Prime Minister by civil servants that the appointment may be counter to the safety or interests of the United Kingdom.
(2) A memorandum under this section must set out that advice or concerns were communicated to the Prime Minister by civil servants, and in respect of which ministerial appointments.
(3) A memorandum under this section may not include details of the advice or concerns, where the Cabinet Secretary considers that inclusion of those details may be prejudicial to the safety or interests of the United Kingdom.”
New clause 14—Report requirement: Protecting democratic institutions and processes—
“(1) The Secretary of State must lay before Parliament a report, as soon as practicable after the end of—
(a) the period of 12 months beginning with the day on which this Act is passed, and
(b) every subsequent 12-month period,
on his assessment of the impact sections 13 and 14 of this Act have had on protecting the integrity of the UK’s democratic processes.
(2) In this section “democratic processes” includes local democracy.”
Amendment 116, in clause 1, page 1, line 10, after “safety or” insert “critical”.
This amendment seeks to clarify the tests to be met before the offence of obtaining or disclosing protected information is committed.
Amendment 17, page 1, line 15, after “article” insert “with a Government Security Classification of Secret or Top Secret”.
This amendment would confine the offence of obtaining or disclosing protected information to information that has been classified as secret or top secret (rather than to all information access to which is restricted in any way).
Amendment 18, in clause 2, page 2, line 18, at end insert “(ca) the person’s conduct is prejudicial to the safety or interests of the United Kingdom, and”.
This amendment would narrow the scope of the offence of obtaining or disclosing trade secrets so that it applies only to trade secrets that would prejudice the safety or interests of the UK.
Amendment 117, page 3, line 1 , after “national” insert “, a UK resident, or a person in the employment of a UK person as defined in paragraphs (b) or (c)”.
Government amendments 40 to 42.
Amendment 19, in clause 3, page 3, line 32, after “Kingdom” insert “which are prejudicial to the safety or interests of the United Kingdom”.
This amendment would narrow the scope of the offence of assisting a foreign intelligence service in respect of activities within the UK so that it applies only to assistance that would prejudice the safety or interests of the UK (rather than to assistance of any kind).
Government amendment 43.
Amendment 119, page 4, line 7, at end insert—
“(aa) with the knowledge and consent of the UK security and intelligence services,”.
This amendment would clarify that activities undertaken with the knowledge and consent of the UK security and intelligence services would not constitute a criminal offence under this clause alone.
Amendment 120, in clause 4, page 5, line 17, at end insert—
“(7) No offence is committed under (1) if the conduct is for the purposes of protest, unless the conduct is prejudicial to the safety of the United Kingdom.”.
This amendment would restrict the circumstances in which access to a prohibited place for the purposes of protest would amount to an offence under this clause.
Amendment 20, in clause 5, page 5, line 25, at end insert—
“(ba) the conduct is prejudicial to the safety or interests of the United Kingdom,”.
This amendment would confine the offence of unauthorised entry etc to a prohibited place so that it applies only to entry etc that is prejudicial to the safety or interests of the UK.
Amendment 133, page 5, line 33, leave out “includes” and insert “may, depending on the circumstances, include”.
This amendment would mean taking a photograph or other recording of a prohibited place was not automatically a criminal offence of inspecting that place, but would depend on the circumstances.
Amendment 21, in clause 6, page 6, line 17, leave out paragraph (c).
This amendment would remove the power of the police to order a person to leave an area “adjacent to” a prohibited place.
Amendment 22, page 6, line 28, after “(2)” insert “, (a)”.
This amendment is consequential on Amendment 23.
Amendment 23, page 6, line 30, after “Kingdom” insert “, and (b) without prior authorisation by an officer of at least the rank of Inspector, unless obtaining that authorisation is not reasonably practicable”.
This amendment would impose a requirement that a police officer obtains authorisation from a more senior officer before exercising powers under clause 6.
Amendment 24, page 6, line 32 at end insert “which was necessary to protect the safety or interests of the United Kingdom and proportionate to that aim.”
This amendment would narrow the offence of failing to comply with an order made by a police constable in relation to a prohibited place so that it applies only to an order that was necessary and proportionate to protecting the safety or interests of the UK.
Amendment 25, in clause 7, page 6, line 37, after “means” insert “a place, entry to which could pose a risk to the safety or interests of the United Kingdom, and which is”
This amendment would narrow the definition of prohibited place so that it applies only to locations relevant to the safety and interests of the United Kingdom (rather than any Ministry of Defence land).
Government amendments 44 and 45.
Amendment 121, in clause 8, page 8, line 21, leave out “or interests”.
This amendment would restrict the power to designate additional prohibited places by regulation to where it was necessary to protect the safety of the United Kingdom.
Amendment 26, in clause 11, page 10, line 8, leave out paragraph (c).
Government amendments 46 and 47.
Amendment 14, page 20, line 35, leave out clause 27
Government amendments 48 and 49.
Amendment 124, in clause 28, page 21, line 23, at end insert—
“(2A) However, the conduct in question, or a course of conduct of which it forms part, is not to be treated as carried out for or on behalf of a foreign power if financial or other assistance of a foreign power under (2)(c) is provided otherwise than specifically for the conduct or course of conduct.”
This amendment ensures that organisations that receive funding from foreign powers are not guilty of offences under this act if that funding was not for the conduct or course of conduct that would otherwise amount to the offence.
Amendment 30, in clause 30, page 22, line 40, leave out paragraph (c).
This amendment would narrow the definition of foreign power threat activity to remove giving support and assistance (including that unrelated to espionage activity) to a person known or believed to be involved in offences under the Bill (but would retain conduct which facilitates or is intended to facilitate such offending).
Government amendment 50.
Amendment 118, in clause 31, page 23, line 25, at end insert—
““critical interests of the United Kingdom” include security and intelligence, defence, international relations, law and order, public health and economic interests;”.
This amendment seeks to clarify the tests to be met before the offence of obtaining or disclosing protected information is committed.
Amendment 125, in clause 37, page 26, line 25, leave out “reasonably believes” and insert “believes on the balance of probabilities”.
This amendment would apply the usual civil standard of proof in relation to decision to impose Prevention and Investigation Measures.
Amendment 126, in clause 38, page 27, line 35, leave out “four” and insert “two”.
This amendment would mean the Secretary of State could seek to extend a part 2 notice on two occasions rather than four.
Amendment 31, in clause 43, page 30, line 21, leave out from beginning to “before” in line 22 and insert “The chief officer of the appropriate police force must confirm to the Secretary of State that the condition in subsection (2) is satisfied before”.
This amendment, together with amendments 16 to 18, would require the Secretary of State to receive confirmation from the police that prosecution is not realistic before imposing a PIM, rather than requiring only a consultation on the subject.
Amendment 33, page 30, line 28, leave out “The matter is whether there is” and insert “The condition is that there is not”.
Amendment 34, page 31, line 14, leave out “responding to consultation” and insert “providing confirmation”.
Amendment 32, page 31, line 26, leave out “(1) or”.
Amendment 35, in clause 53, page 38, line 13, leave out “this Part” and insert “Part 1 and Part 2”.
This amendment would extend the review function of the Independent Reviewer to cover Part 1 of the Bill in addition to Part 2.
Amendment 3, in clause 58, page 41, line 8, at end insert—
“(2) Within three months of the passing of this Act, the Secretary of State must publish a statement setting out how the Secretary of State intends to exercise the power under this section. The statement must include a list of illustrative examples of the kinds of contracts or other arrangements this power relates to.”
Government amendments 61 and 62.
Amendment 130, in clause 61, page 43, line 19, after “P” insert “, whether directly or through intermediaries”.
This amendment would make clear that those making a foreign activity arrangement via intermediaries, would be required to register the arrangement.
Government motion to transfer subsection (2) of clause 61.
Government amendments 63 to 65.
Government motion to divide clause 61.
Government amendments 66 to 74.
Government motion to transfer subsection (2) of clause 64.
Government amendments 75 to 83.
Government motion to divide clause 64.
Government amendments 84 to 94.
Amendment 15, in clause 68, page 48, line 20, leave out paragraph (b).
Amendment 16, page 48, line 25, leave out paragraph (b).
Government amendments 95 to 101.
Amendment 131, in clause 70, page 51, line 10, at end insert—
“(3A) The information required of the person to whom an information notice is given must be limited to information the Secretary of State deems reasonably necessary to ensure the person is complying with the requirements of this Part.”
This amendment would place restrictions on the type of information the Secretary of State can require under clause 70.
Government amendments 102 to 108.
Amendment 1, in clause 75, page 53, line 39, at end insert—
“(h) an offence under section [Offence of failing to declare participation in arrangement required to be registered] committed in relation to a foreign activity arrangement required to be registered under section 61(1).”.
This amendment is consequential on NC1.
Government amendment 109.
Amendment 2, page 54, line 23, at end insert—
“(h) an offence under section [Offence of failing to declare participation in arrangement required to be registered] committed in relation to a foreign influence arrangement required to be registered under section 64(1) .”.
This amendment is consequential on NC1.
Government amendments 110 to 112.
Amendment 8, Page 56, line 4, leave out Clause 79.
Amendment 9, Page 56, line 26, leave out Clause 80.
Amendment 36, in clause 80, page 56, line 31, at end insert—
“(ba) the court is satisfied that any damages awarded to the claimant in those proceedings are likely to be used for the purposes of terrorism,”.
This amendment would remove the duty on the court to consider reducing damages in clause 58, unless the court considered the damages were likely to be used for the purposes of terrorism.
Government amendments 51 to 53.
Amendment 37, page 57, line 18, at end insert “or which it would award under section 8 of that Act had the claim been brought under it.”.
This amendment would prevent the reduction of damages in claims that could have been brought as a human rights claim under the HRA 1998 but were in fact brought on other grounds.
Amendment 10, page 57, line 30, leave out clause 81.
Amendment 11, page 58, line 5, leave out clause 82.
Amendment 12, Page 59, line 10, leave out clause 83.
Amendment 38, Page 59, line 14, leave out clause 84.
This amendment, together with Amendment 39, would remove the proposed limits on access to legal aid for persons with a conviction for a terrorism offence and the consequential power to make information requests related to those limits.
Amendment 5, in clause 84, page 59, line 29, leave out “F” and insert “G”.
Amendment 6, page 60, line 11, at end insert—
“(7A) Condition G is met where the offender is seeking legal aid for the purposes of—
(a) pursuing a civil order, where the purpose of the order is to protect a victim of domestic abuse, or
(b) participating in family court proceedings, and where the offender is a victim of domestic abuse.”.
Amendment 7, page 61, line 6, at end insert—
“”domestic abuse” has the same meaning as in the Domestic Abuse Act 2021;”
Amendment 39, page 61, line 15, leave out clause 85.
See explanatory statement for Amendment 38.
Government amendment 113.
Government new schedule 1—Control of a person by a foreign power.
Government new schedule 2—Exemptions.
Amendment 128, schedule 3, page 88, line 31, leave out sub-paragraph (4).
This amendment would prevent a disclosure order from having effect where disclosure is protected by an enactment.
Amendment 129, schedule 4, page 94, line 29, leave out sub-sub-paragraph (b), and insert—
“(b) there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation; and
(c) there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.”
This amendment would require the court to be satisfied of the same tests for customer information notices as set out in relation to disclosure orders in Schedule 3.
Government amendment 54.
Amendment 4, schedule 6, page 100, line 19, at end insert—
“(1A) A place designated by the Secretary of State under sub-paragraph (1) must be subject to an independent inspection by—
(a) Her Majesty’s Inspectorate of Constabulary, or
(b) a different person or body appointed by the Secretary of State.”.
Government amendment 55.
Amendment 27, page 104, line 12, leave out sub-paragraphs (4) and (5).
This amendment would prevent it being permissible to delay informing a named person of an individual’s detention under clause 21, or that individual consulting a solicitor, for the purposes of asset recovery.
Amendment 123, page 112, line 13, leave out from “if” to the end of line 20, and insert “the person has previously been convicted of an offence under this Act.”
This amendment would restrict the circumstances in which fingerprints and samples from someone detained under clause 25 could be retained indefinitely, instead of the usual 3 years under paragraph 20(5) of Schedule 2.
Government amendments 56 and 57.
Amendment 28, page 124, line 13, leave out sub-sub-paragraphs (b) and (c).
This amendment would prevent it being permissible to postpone reviews of detention without warrant on the basis that the review officer is unavailable or, for any other reason, the review is not practicable.
Amendment 127, schedule 7, page 144, line 17, leave out paragraph 12.
This amendment would remove the power for the Secretary of State to impose participation in polygraph sessions as part of provisions in relation to Prevention and Investigation Measures.
Government amendments 58 and 59.
Amendment 13, page 175, line 1, leave out Schedule 13.
Amendment 132, schedule 13, page 176, line 29, leave out “there is a real risk that”.
This amendment would ensure the court was satisfied on the balance of probabilities that damages were to be used for terrorism purposes before frozen funds could be forfeited entirely.
Government amendment 60.