Policy paper

Foreign interference: National Security Bill factsheet

Updated 12 February 2024

Summary/key points

• The principal aim of the foreign interference offence is 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.
• The offence will act as a tool for disruption and deterrence, raising the cost to foreign states of carrying out interference activity by holding those responsible to account for their actions.
• The provisions targeting foreign interference in elections substantially increase the current maximum penalties for existing electoral offences to reflect the seriousness of foreign interference in the UK’s domestic politics.

Background

• States around the world, including the UK, conduct open and transparent influence activities, such as using diplomacy to shape and align policy to benefit shared interests. This is a welcome part of transparent international engagement, and is vital to the UK in achieving its interests. Some states, however, seek to further their strategic interests by going beyond overt political influence.
• Although not necessarily hostile, these ‘interference’ activities are typically not conducted transparently and are outside the norms of diplomacy. Some states use covert and malign political interference activities to undermine our interests, such as using disinformation to manipulate our political debate or weaken the integrity of our democratic institutions.
• As the recent Russian invasion of Ukraine has demonstrated, information can be weaponised. The new offence of foreign interference is a significant step forward in the UK’s response to tackling state-sponsored disinformation.
• The Intelligence and Security Committee’s Russia report noted the vulnerability of the UK to threats by hostile state-sponsored campaigns designed to undermine the integrity and national security of the UK. The ISC recommended that protecting our political system from hostile foreign interference is a central responsibility of Government.
• The current tools available to law enforcement and the intelligence agencies are limited. Those suspected of undertaking foreign interference activity could potentially be charged with offences such as bribery or fraud, however, these offences were not established with state threats activity in mind and they do not accurately reflect the potential seriousness or scale of the harmful activity that may occur.
• The new offence in the Bill will contribute to the toolkit available to law enforcement and the intelligence agencies to disrupt foreign interference activity. Furthermore, the foreign interference provisions will act as a deterrent to those who are considering involvement in such activity.

Key facts

Interference alerts have been used sparingly to date, however are an example of the intelligence agencies using the tools they currently have to manage the threat. The new offences in the Bill will provide other options for the police and intelligence agencies to tackle foreign interference.

Key quotes

In July 2021, Ken McCallum, Director General of MI5, gave his annual threat update. He outlined the challenges currently posed by state threats, noting that the global context described in the Integrated Review translated into threats which directly touch “many more members of the public than we’re used to”. He further highlighted that interference, and the spreading of disinformation, were also methods used to sow or deepen division, or influence discourse for political ends.

How do the offences work?

• The Bill introduces a general offence of foreign interference consisting of a framework with three conditions which must all be met:
  1. the person’s conduct, or a course of conduct of which it forms a part, must be intended to have a certain effect or objective (such as interference with public functions or to manipulate how or whether a person participates in a political or legal process);
  2. the conduct must be ‘illegitimate’ (such as making a material misrepresentation, using coercion), and
  3. the conduct must meet the foreign power condition (such as tasking, direction or arrangement).
• The offence applies whether the person’s conduct takes place in the UK or elsewhere.
• Under the foreign interference in elections provisions, the commission of certain existing electoral offences (such as bribery or undue influence), where the person’s conduct meets the foreign power condition, will attract a substantially increased maximum penalty. These do not have extra territorial jurisdiction.
• Offences included in this provision are contained in the Representation of the People Act 1983 and the Political Parties, Elections and Referendums Act 2000. Depending on the offence committed, a person is liable to up to 7, 4, or 2 years’ imprisonment.

The bespoke foreign interference offence carries a maximum 14 years’ sentence or a fine, or both.

What harms do the offences tackle?

• Foreign interference will target malign activity carried out for, or on behalf of, or intended to benefit, a foreign power. Foreign interference is intended to sow discord, manipulate public discourse, discredit the political system, bias the development of policy, and undermine the safety or interests of the UK.
• A foreign state could seek to manipulate whether or how someone participates in an electoral event, for example through state-sponsored disinformation campaigns
• This offence will capture state backed disinformation and information operations, through the foreign power link, intended effect and where there is a misrepresentation either of a person’s identity or in the presentation of the information.

What are the safeguards?

• The offence is aimed at pernicious interference and not legitimate influence activity.
• To ensure we have sufficiently narrowed the scope of the offence, we have included the three-part legal test for the general FI offence which aims to only capture state-sponsored conduct (which meets the foreign power condition) done with the intention to cause a certain effect and in an illegitimate way.
• The Bill does not create new electoral offences, but ensures that where the foreign power condition is met higher penalties will be applicable.
• These offences, both foreign interference and foreign interference in elections, are also excluded from the wider aggravated sentencing provisions in the Bill.
• Additionally, Attorney General consent (Advocate General in NI) must be obtained before seeking a prosecution.

Hypothetical case studies

• Person C works for a UK-based business that is owned by a foreign power and is instructed to build relationships with Members of Parliament. This work, which can be traced directly to a foreign intelligence agency, involves cultivating relationships to obtain sensitive information on MPs. Once that sensitive information is obtained, the foreign power ensures Person C uses this as leverage, through coercive means, to ensure MPs influence legitimate debates in relation to that foreign power and ensure they vote and speak on particular issues in ways that are favourable to that foreign power.
• A person uses false identities to cast multiple proxy votes in a general election as part of a campaign by a foreign power to interfere with the result of an election in a UK constituency. They are guilty of an offence relating to applications for postal and proxy votes but since they are have acted under the direction of a foreign power, the Bill’s provisions apply and the sentence is at a higher level (7 years’ imprisonment).