National Security Bill ~ notes

National Security Bill:

In May 2022, the Home Secretary (Priti Patel MP) introduced the National Security Bill to the House of Commons. The Bill received its second reading on 6 June 2022 and is now at Committee Stage. 

See the second reading debate- National Security Bill - Hansard - UK Parliament

The Bill extends to 152 pages. There are 73 clauses divided into 4 parts and 11 Schedules.

The Bill seeks to -

"Make provision about threats to national security from espionage, sabotage and persons acting for foreign powers; about the extra-territorial application of Part 2 of the Serious Crime Act 2007; about the award of damages in proceedings relating to national security and the payment of damages at risk of being used for the purposes of terrorism; about the availability of legal aid to persons connected with terrorism; and for connected purposes."

According to The National Security Bill - GOV.UK (www.gov.uk), the Bill should be viewed alongside the Economic Crime (Transparency and Enforcement) Act 2022, the National Security and Investment Act 2021 and the Online Safety Bill.

The Bill can be seen at National Security Bill - Parliamentary Bills - UK Parliament and Explanatory Notes accompany the Bill - National Security (parliament.uk)

The Official Secrets Act 1911, the Official Secrets Act 1920 and the Official Secrets Act 1939 will be repealed. Offences under those Acts will be replaced with a suite of new offences and accompanying powers. The Official Secrets Act 1989 will be amended.

Background to the Bill:

The following material is some of the background to the Bill -

Counter-Terrorism and Border Security Act 2019 (legislation.gov.uk)

Law Commission report 1 September 2020 - Reforms to UK’s antiquated spying laws published by Law Commission | Law Commission

Intelligence and Security Committee report on Russia - 21 July 2020 - Law and Lawyers: The ISC's Russia Report ~ some notes (obiterj.blogspot.com)

Consultation on Countering Threats - 13 May 2021 to 22 July 2021 - Legislation to counter state threats - GOV.UK (www.gov.uk)

National Security Bill Part 3 « Independent Reviewer of Terrorism Legislation - 23 May 2022

House of Commons Library - National Security Bill 2022-2023 - House of Commons Library (parliament.uk)

National-security-bill-factsheets

National-security-bill-factsheets/police-powers-national-security-bill-factsheet

: Economic Crime (Transparency and Enforcement) Act 2022 :

The Economic Crime (Transparency and Enforcement) Act 2022 - an Act to set up a register of overseas entities and their beneficial owners and require overseas entities who own land to register in certain circumstances. The Act also makes provision about unexplained wealth orders and sanctions.

: National Security and Investment Act 2021 :

The National Security and Investment Act 2021 (legislation.gov.uk) created a regime to strengthen government powers to scrutinise transactions on grounds of national security. A requirement to notify and obtain approval from the government in respect of "notifiable acquisitions" came into force on 4 January 2022.

See the Explanatory Notes - National Security and Investment Act 2021 (legislation.gov.uk) - and a useful webpage by Travers Smith - HERE.

15 July 2022