Key Facts

• The new clauses require certain arrangements with foreign powers and foreign persons to be registered.
• There are concerns about the complexity of a two-tier scheme versus a simpler, broader arrangement.
• A 10-day registration requirement is in place for transparency purposes.
• Up to 30 former UK military pilots are thought to have trained Chinese PLA members.
• Pilots were offered packages of up to £237,000 for their expertise.
• The National Security Bill includes provisions to tackle contemporary security challenges such as the described activity.
• The requirement to register arrangements with foreign principals must be done within 10 days of making the arrangement.
• A person who fails to comply commits an offence if they know that the arrangement is a foreign influence arrangement.
• Subsection (7) applies retroactively for arrangements made before the clause comes into force, allowing up to 3 months to register.
• New clauses 14 to 17 relate to primary registration requirements for political influence activities directed by foreign principals.
• A person must register within 10 days of making an arrangement with a foreign principal to carry out political influence activities in the UK.
• Exceptions include recognised news publishers and international organisations, as well as associations formed under the law of another country but made up entirely of UK nationals.
• The Online Safety Act 2022 is referred to in a new clause of another Bill.
• Some MPs question if referencing a pending Bill as an Act is appropriate.
• The Minister denies that the Online Safety Act has been stalled or pulled.
• New clause 15 defines ‘political influence activity’ including lobbying, public communications, and disbursements.
• The list includes His Majesty’s Government, Members of the legislature, and senior officials or special advisers.
• Public communications are registerable if not already reasonably clear that they are made at the direction of a foreign principal.
• There has been a surge in hostile states seeking to infiltrate political discourse.
• A German report is investigating civil servants suspected of Kremlin links.
• New clause 14 includes an exemption for recognised news publishers from registration requirements.
• Concerns are raised about ensuring press freedom while protecting against foreign influence.
• The Online Safety Act 2022's status and future are in question.
• Government new clause 15 defines 'political influence activity' for a registration scheme.
• Conduct of elections or referendums falls under criteria of political influence activity.
• Paddy McGuinness stated that measuring state activity impact on democratic processes is crucial.
• The MP asks about the timeline and backdating of the registration requirements.
• The amendment will adjust from “2022” to “2023”.
• Activities ongoing from the moment the Bill comes into force will be covered.
• Regulations establishing the registration scheme will be introduced once the Bill receives Royal Assent.
• Existing arrangements need to be registered within three months from initial off.
• Exemptions apply to UK arrangements and legal services.
• Diplomatic missions and consular posts are exempted under specific conditions.
• Members of staff and their family members forming part of the household are also exempt from registration requirements.
• Exemptions include diplomatic and consular functions, legal services, arrangements involving UK Government officials or agreements.
• The Secretary of State will have power to add further exemptions by regulation in the future.
• New clause 19 gives the Secretary of State ability to make regulations outlining required information for registration.
• New clause 20 provides the Secretary of State with the ability to give a notice to a person who has registered or should register with FIRS.
• On receipt of an information notice, the person must provide requested information within the specified timeframe.
• Failure to comply without reasonable excuse will be an offence.
• Legal professional privilege (LPP) protects communications between clients and their lawyers from disclosure.
• New clause 21 clarifies protections against disclosing confidential journalistic material or sources.
• New clause 25 allows the Secretary of State to make regulations for publishing information related to political influence activities registered under FIRS.
• Information published will be limited to necessary details like registrant name, foreign power, and nature of activity.
• Government new clause 18 creates exemptions to registration requirements.
• Exemptions include support for diplomatic missions and consular posts.
• Family members of principal persons are given a complete exemption under subsections (5) and (6).
• Subsection (3) of new clause 19 requires notification within 14 days of material change in information already registered.
• Subsection (6) criminalizes misleading, false or deceptive information provided to the Secretary of State.
• Government new clause 20 allows the Secretary of State to give a notice for supplying specific information.
• There are concerns about the lack of oversight and appeal mechanisms for information notices.
• New clause 25 permits regulations on publication and copying of information submitted under registration provisions.
• The Secretary of State may issue regulations requiring individuals to register their foreign activity arrangements.
• Information notices must specify the form and date by which information is to be supplied.
• Legal professional privilege and confidential journalistic materials are exempt from disclosure requirements.
• New clause 23 creates offences for carrying out activities under a registrable arrangement where false or misleading information has been provided.
• Offences relate to the primary registration requirement and have a higher bar for prosecution: knowing or ought reasonably to know that the information is false, inaccurate or misleading in a material way.
• Courts will determine on a case-by-case basis whether someone charged with an offence ought reasonably to have known about the false information.
• New Clause creates offences for providing false or misleading information in connection with registrable arrangements.
• Penalties include up to 5 years imprisonment or a fine for foreign activity offences.
• Foreign influence offences carry penalties of up to 2 years imprisonment or a fine.
• Any offence committed under the primary registration requirement is capable of attracting a custodial penalty of up to two years or a fine.
• An offence committed under the enhanced registration requirement can attract a maximum custodial penalty of five years on indictment, or a fine.
• Officers of bodies corporate may be held liable for offences committed by those bodies in relation to the registration scheme.
• New Clause 27 requires an annual report from the Secretary of State to Parliament on matters related to FIRS.
• The report must provide details on the total number of arrangements registered with the Secretary of State under specific sections.
• It includes data on the number of persons charged and convicted for offences under this Part during each relevant period.
• New Clause 4 aims to establish a distinction between governmental and national security interests.
• The clause is shaped by concerns over a meeting between Boris Johnson, as Foreign Secretary, and Alexander Lebedev during the Salisbury poisoning incident.
• Previous attempts to clarify the nature of this meeting were dismissed citing security reasons.
• The new clause applies to any Minister of the Crown who engages with or intends to engage with a person from a foreign intelligence service.
• A senior civil servant must be present at the engagement and make a formal record, or written consent from the Prime Minister is required if no senior civil servant is present.
• Existing case law in the UK already differentiates between national security interests and personal ministerial interests.
• The proposed clause applies both to in-person and electronic engagements.
• It covers any Minister engaging with a person part of a foreign intelligence service who knows or ought reasonably know they are about to engage with such a person.
• An example given is the Foreign Secretary's meeting with Alexander Lebedev, an ex-KGB officer, during the Salisbury poisoning incident in 2018.
• The Bill includes updated espionage offences.
• Clause 3 criminalises activity assisting a foreign intelligence service.
• Ministers can be held accountable if their actions fall outside official functions.
• The new clause has cross-party support in Parliament.
• Former Justice Secretary Sir Robert Buckland supports the proposal publicly.
• Law Commission recommended a public interest defence in its 2015 report.
• Employment law's Public Interest Disclosure Act 1998 provides a template for defining public interest disclosures.
• The new clause seeks to add a public interest defence to the disclosure offence created by clause 2 of the National Security Bill.
• Three out of four Five Eyes partner countries have mechanisms for public interest defences in disclosures.
• The Law Commission's report recommends having a statutory public interest defence available for anyone charged with an unauthorised disclosure offence under the Official Secrets Act 1989.
• The Committee will suspend for 15 minutes during the first division.
• Subsequent suspensions will last for 10 minutes each.
• No debate time is allocated beyond 5:15 pm if discussions continue.
• 'Relevant investigation' pertains to identifying or tracking property linked to foreign power threats.
• 'Appropriate officer' includes police constables and National Crime Agency officers.
• Disclosure orders authorize appropriate officers to request information from individuals relevant to an ongoing investigation.
• The Lord Advocate may apply to the High Court of Justiciary for a disclosure order.
• Conditions 1 to 3 must be met for an application to be granted: reasonable grounds for suspecting relevant property, substantial value of information to the investigation, public interest in obtaining the information.
• A person is not bound to comply with a requirement imposed by a notice unless evidence of authority to give the notice is produced.
• The Schedule allows constables, NCA officers, and procurator fiscal in Scotland to obtain customer information from financial institutions.
• An application must specify the person under investigation and the financial institution(s) involved.
• A judge may grant an order if satisfied that it will enhance the effectiveness of the investigation into foreign power threat activity.
• Bradley Albrow is thanked for his support during the Committee's deliberations.
• James Gray thanks MI5 director general Ken McCallum and his team for their assistance.
• Detective Superintendent Darren Hassard from counter-terrorism policing is acknowledged for providing insight on specific provisions.
• The shadow Minister from Halifax was thanked for her assistance.
• Hon. Friends were thanked for their support and generosity.
• Clerks, Home Office officials, and members of the intelligence community were acknowledged.
• Previous Ministers and Whips were also thanked by other MPs.