I was going to ask the Minister something before he sat down, but he sat down so fast.
My concern with the Government’s approach, and the Minister’s approach in his response, is that it describes activities without reference to the legal definition of the activities concerned. Clause 3(1) involves the person committing the offence if the person
“engages in contact of any kind”.
Under Clause 3(4):
“‘UK-related activities’ means … activities taking place in the United Kingdom”.
It is not necessary to identify the service. As my noble friend pointed out, Clause 3(7) does not cover the private sector.
My amendments are very simple and very short, but even that raising of the threshold the Government resist. We are at a loss to understand why the Government
are not prepared to bring a more forensic approach to the definitions in our criminal law. I quite appreciate and agree that the offence, in principle, of assisting a foreign intelligence service to the prejudice of the interests of the United Kingdom—which we say should be clearly defined—is a very important part of the Bill. But it is wrong to draft the law in such a way as to catch any conduct that attracts the displeasure of our intelligence services, our prosecuting authorities or government policy. It is important to define criminal conduct in such a way that it criminalises only conduct that ought properly to be a criminal offence when committed not only by United Kingdom citizens but by others who have absolutely no intention of assisting a foreign intelligence service to the detriment or prejudice of the United Kingdom. I beg leave to withdraw the amendment.