Overhaul of espionage laws comes into force

The National Security Act became law in July after it was passed by Parliament and got Royal Assent.

(File image/Alamy/PA)

An overhaul of spy laws to make it easier for police and the security services to disrupt threats to the UK from foreign powers has come into force.

The National Security Act became law in July after it was passed by Parliament and got Royal Assent.

Described as the biggest overhaul of security legislation for a generation, the Act is expected to provide the security services with greater powers to tackle threats from spies and state-backed sabotage and reform existing espionage laws, like the Official Secrets Act, to better tackle threats faced by hostile states like Russia and China.

The Act modernises elements of older espionage laws introduced when Britain was facing threats from German spies at the time of the First World War.

Whitehall officials believe the fresh powers could help crack down on cases like that of the suspected Chinese spy Christine Lee, who was accused of targeting politicians.

Last year, MI5 issued a rare security alert, telling MPs that Ms Lee, a prominent London-based solicitor, engaged in “political interference activities” on behalf of China’s ruling communist regime.

The Act means it will be an offence to be an undeclared foreign spy in the UK, with those caught facing prosecution.

Other offences for acts of sabotage, theft of trade secrets and foreign interference in a bid to disrupt illegitimate influence activity done for, or on behalf of, a foreign state were also created.

Home Secretary James Cleverly said the laws will “prove critical” in helping police and intelligence agencies make it even more difficult for foreign powers to pose a threat to the UK.

Head of counter-terrorism police Matt Jukes said the Act gives officers the “modern day practical powers required to detect, disrupt, deter, and prosecute those who seek to undermine our freedom and values”.

Other elements of the Act will come into force at a later date, the Home Office said.

This includes the Foreign Influence Registration Scheme (FIRS) requiring anyone working for a foreign power to sign a register declaring who they are working for or face up to two years in jail.

Similar to rules already in force in the United States and Australia, this aims to protect the UK’s institutions from secret efforts by foreign powers to influence them.

Courts are also set to be given greater powers to hand down longer sentences for foreign state-backed crimes.

It is understood very few prosecutions take place under current espionage laws, but it is hoped this will increase once the new measures are adopted, as well as acting as a deterrent.

Some MPs and peers previously said the law changes risk an “unnecessary interference with human rights” and put freedom of speech at risk.

But ministers previously insisted journalists will not be criminalised under the plans.