Moved by
Lord Marlesford
89: After Clause 110, insert the following new Clause—
“Part 10A
Foreign enlistment
Offence of participation in armed conflict against a foreign state at peace with Her Majesty
In the Foreign Enlistment Act 1870, after section 5, insert—
“5A Participation in armed conflict against a foreign state at peace with Her Majesty
(1) It shall be an offence for a British citizen or British subject, without the licence of Her Majesty, to—
(a) participate as a combatant in armed conflict against any foreign state at peace with Her Majesty, or
(b) induce any other British citizen or British subject to participate in armed conflict against any foreign state at peace with Her Majesty.
(2) It shall be a defence for a British citizen or British subject charged with an offence under this section to—
(a) notify the Secretary of State in the Foreign and Commonwealth Office before such participation in such armed combat, or
(b) prove that they acted in self-defence.
(3) A notification under subsection (2)(a) must be made in writing, and the sharing of any information therein by the Foreign and Commonwealth Office with other organisations is permitted notwithstanding any requirements of the Data Protection Acts.
(4) A person guilty of an offence under this section shall be punishable by—
(a) fine and imprisonment, or either of such punishments; and
(b) forfeiture of any United Kingdom passport held by the person, or
(c) deprivation of citizenship under section 40(2) of the British Nationality Act 1981.””