Policy paper

Government response to the report of the Independent Reviewer of State Threats Legislation (accessible)

Updated 15 January 2026

The Government Response to the Annual Report on the Operation of the National Security Act 2023 in 2024 by the Independent Reviewer of State Threats Legislation

Presented to Parliament by the Secretary of State for the Home Department by Command of His Majesty

December 2025

CP 1468

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Dan Jarvis MBE MP
Security Minister
2 Marsham Street
London
SW1P 4DF

www.gov.uk/home-office

Mr Jonathan Hall KC
6KBW College Hill
21 College Hill
London
EC4R 2RP

By Email Only

16 December 2025

Dear Jonathan,

Review of the Operation of Parts 1 and 2 of the National Security Act 2023 and Schedule 3 to the Counter-Terrorism and Border Security Act 2019 in 2024.

Thank you for your first annual report as the Independent Reviewer of State Threats Legislation (IRSTL). Your review of our State Threats legislative framework has been conducted in considerable depth and detail. I am very grateful for the high-quality analysis that you continue to bring to this important role.

The National Security Act 2023 is a game-changing update to our powers. We now have a modern set of laws to tackle today’s threats, making the UK an even harder target for those states who seek to conduct hostile acts. As you know, this Act brings together vital new measures to protect the British public, modernise counter espionage laws and address the evolving threat to our national security. It has provided our world class law enforcement and intelligence agencies with new and updated tools to tackle modern threats. These tools are already proving to be more effective than was envisaged during the passage of the legislation, with ten people charged to date. Four people have already been convicted under the offences of assisting a foreign intelligence service, accepting a material benefit from a foreign intelligence service, preparatory conduct and unauthorised access to a prohibited place.

Your report provides a valuable overview of the legislation’s early implementation, and I welcome your decision to allow the Act time to embed before offering more substantive recommendations, also noting the wide variety of recommendations you made in your standalone review that the previous Home Secretary commissioned from you earlier in the year. The three recommendations you have made—on the publication of official statistics, the extension of Independent Custody Visitor oversight, and the safeguarding of protest rights near prohibited places—are well considered and align with our shared commitment to transparency, accountability, and proportionality.

I note your invitation for the Government to clarify the scope of section 3 of the National Security Act 2023 (assisting a foreign intelligence service). Your example of the taxi driver illustrates the importance of prosecutorial discretion, and we will keep this under review moving forward.

Your report arrives at a time when the threat landscape is evolving rapidly. As the Director General of MI5 outlined in his speech last year, and his recent update on this on October 8th, hostile activity carried out by states is becoming more sophisticated and persistent. The National Security Act 2023 equips our agencies with modern tools to meet these challenges, and your independent scrutiny helps ensure that these powers are used effectively and responsibly.

I am particularly grateful for your emphasis on increased public messaging, judicial oversight, and the careful application of offences such as sabotage and foreign interference. These are critical areas where your insights will help shape our future approach.

Your work plays a vital role in reinforcing the integrity of our national security framework. I look forward to continuing our collaboration and to receiving your next report.

Yours sincerely,

Dan Jarvis MBE MP

Security Minister

Cabinet Office and Home Office