The National Security Act 2023 is an Act of the Parliament of the United Kingdom which introduced new measures intended to strengthen United Kingdom national security against espionage, interference in the political system, sabotage, and assassination. The Bill was introduced as number 7 for the 22-23 session, receiving its first reading on 11 May 2022 and royal assent on 11 July 2023.
In a press release, the government stated that "The new powers will help ensure that the UK remains the hardest operating environment for malign activity undertaken by foreign actors", quoting MI5 Director General, Ken McCallum as saying "The National Security Act is a game changing update to our powers. We now have a modern set of laws to tackle today’s threats."
The Act repeals and replaces the Official Secrets Act 1911, Official Secrets Act 1920 and Official Secrets Act 1939.
The Act
The Act introduces new offences relating to espionage, prohibited places, sabotage, foreign interference, obtaining benefit from foreign intelligence services, and new powers of arrest and detention and search and seizure. It also introduces a Foreign Influence Registration Scheme requiring the registration of arrangements for political influence activities in the UK directed by a foreign power.
Espionage
The Act contains 3 offences relating to espionage: obtaining or disclosing protected information, obtaining or disclosing trade secrets, and assisting a foreign intelligence service.
The offence of obtaining or disclosing protected information replaces provisions in prior Official Secrets Acts, and increases the maximum sentence to life imprisonment from 14 years previously.
The new offence of obtaining or disclosing trade secrets relates to the disclosure to a foreign power of a UK trade secret (defined in s.2(2)). The maximum penalty is a term of imprisonment not exceeding 14 years and/or a fine.
The new offence of assisting a foreign intelligence service is committed where a person engages in conduct, which is intended to or may materially assist a foreign intelligence service in carrying out UK-related activities. This offence was created to reduce the ability of foreign intelligence agencies to carry out hostile activities against the UK, extending beyond traditional espionage activity.
Prohibited places
New provisions relating to prohibited places strengthen existing legislation in this area. It includes provisions covering entering, inspecting or being in the vicinity of these places and includes use of unmanned drones, electronic hacking or other modern remote methods. Additional police powers are provided for ordering a person to cease their activity or move away from the place. Failure to comply with these police powers is an offence with a maximum penalty of 3 months imprisonment.
An example is given of "a person taking photographs of staff members as they enter or leave a prohibited place would commit the offence if they did so with a purpose that they knew, or ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom".
As originally introduced, the Bill did not include places owned, controlled or used for the functions of the Security Service, Secret Intelligence Service or GCHQ in the set of prohibited places. These were added when the Bill was amended in the Public Bill Committee.
Sabotage
The Act introduces a new offence of sabotage conducted for, or intended to benefit a foreign power, resulting in damage (including temporary damage) to any asset (tangible or intangible, including data and electronic systems) which is prejudicial to UK interests. It is intended to be a bespoke, modern offence to tackle state sponsored sabotage conducted against the UK. The offence carries a sentence of life imprisonment.
Foreign interference
The new offence of foreign interference offence aims to "create a more challenging operating environment for, and to deter and disrupt the activities of, foreign states who seek to undermine UK interests, our institutions, political system, or our rights, and ultimately prejudice our national security". There are also provisions targeting foreign interference in elections by increasing penalties for existing electoral offences when foreign interference is involved. The foreign interference offence carries a maximum sentence of 14 years.