UK's National Security Act: Modernising Espionage Laws Amid Rising Global Tensions
Alex Blackburn | 5 June 2024
Summary
The National Security Act, enacted in December 2023, updates British laws against foreign espionage by empowering law enforcement to act against individuals aiding foreign intelligence services.
This legislation has already been utilised in multiple high-profile cases, including the expulsion of a Russian military attaché and the arrest of individuals accused of spying for China and Russia.
The rise in espionage-related arrests in the U.K. and other European countries, such as Germany, amid heightened global tensions, signals a "New Cold War Period" characterised by increased espionage and militarisation.
On 22nd May 2024, Matthew Trickett was found dead in a London park under conditions which police described as “unexplained”. The former Royal Marine and Home Office Immigration Enforcement officer had been arrested the week before under the new 2023 National Security Act, introduced in December. He was charged under the strong impression that he had been assisting a foreign intelligence service and with foreign interference - more specifically the Hong Kong Security Bureau - which holds strong ties to China. Trickett, and two others who had supported him during the incident, were accused of agreeing to engage in information gathering, surveillance and acts of deception that were likely to materially assist the Hong Kong intelligence service from late 2023 to 2nd May 2024. Chinese Communist Party authorities in both the U.K. and Hong Kong have decried the charges, saying they were the latest in a series of "groundless and slanderous" accusations by U.K. government authorities against China. This comes amid cooling tensions between the British and Chinese states, as many within the global community comment on the change in worldwide tensions, suggesting that we are currently in a “New Cold War Period”, one characterised by rampant militarisation and increased espionage efforts. In response to the increasingly dynamic global theatre, the British Government has championed its new National Security Act as a modern response to espionage from Beijing and Moscow.
What is the National Security Act?
The National Security Act was introduced to Parliament in July 2023 and became law in December. It serves as an important update to British laws aimed at protecting the country against foreign agents and espionage. Before this Act, the laws used by the British state to apprehend and prosecute foreign agents were outdated, having been drafted during the First and Second World Wars to combat German spies. The new Act provides specific powers to support law enforcement in taking action against individuals acting on behalf of foreign states against the UK and its interests. For instance, it allows action to be taken against those aiding a foreign power by distributing information obtained through cyber espionage. Previously, these responsibilities were primarily handled by British Military Intelligence branches, operating discreetly, with specific cases only being made public after a significant period, allowing for the declassification of documents and the dissipation of the threat.
Furthermore, the new National Security Act introduces an offence for being an undeclared foreign spy who materially assists the activities of a foreign intelligence service in the UK - this includes any individuals who aid these foreign agents. This Act ultimately aims to give more power to conventional law enforcement and raise awareness of these issues among the British public.
The Impact of the National Security Act
In recent months, several incidents have involved the powers granted by the new Act. On 8th May 2024, a Russian military attaché was expelled from London for being an "undeclared military intelligence officer." Specific sections of the National Security Act were used to identify and remove the attaché as part of a broader effort to "strengthen defences against alleged malign activity by Russia across Europe."
Again, on 23rd May 2024, another British man was arrested in Essex under the National Security Act. He was accused of having contact with an individual whom he believed was part of the Russian secret service and of attempting to supply sensitive information about an MP. Conventional police forces lead the arrests and investigations, although the Metropolitan Police Counter-Terrorism Unit does have a degree of specialisation. Much of the information provided by the police was more readily accessed by the media, making the wider public more aware of the espionage activity.
Concerningly, on 22nd April 2024, a UK parliamentary researcher and another man were charged with spying for China after allegedly providing information which could be "useful to an enemy". The parliamentary researcher was closely involved with the China Research Group and was believed to have had access to several Conservative MPs - including Security Minister Tom Tugendhat and Foreign Affairs Committee chairwoman Alicia Kearns. As for the other cases, the powers of the National Security Act were used to swiftly apprehend potential spies and hold them for further investigation. However, in this case, the transparency of the National Security Act acts as a double-edged sword, as the revelation that foreign espionage was being conducted at the highest levels of British politics produced both a level of fear within the British public, but also raised criticism and scepticism over the reliability of British domestic counter-espionage efforts.
Is International Espionage on the rise?
The new powers introduced by the National Security Act raise an important question: Is international espionage on the rise, or has the transparency of the Act artificially inflated the number of exposed acts of espionage to the public?
Britain is not the only European nation to suffer an increase in hostile foreign espionage. Germany has witnessed a sudden increase in the apprehension of Russian and Chinese spies since Vladimir Putin invaded Ukraine, six German citizens have been arrested in April alone. In a similar regard to Britain, some of those arrested had wider political ambitions, the Alternative for Germany’s (AfD) top two candidates for the European elections have been arrested and both were accused of spying for China. Again, in the same month, Two German nationals of Russian origin were arrested on suspicion of plotting to sabotage Germany's military aid to Ukraine while three Germans were detained for allegedly planning to pass on advanced engine designs to Chinese intelligence.
However, one must recognise the political optics of these arrests across Europe. Counter-intelligence services, particularly in Western Europe, tend to avoid outright arresting people - especially in the public manners witnessed in Britain and Germany - as these services would prefer to conduct surveillance on the potential spy, building up a profile and possibly uncovering a wider network of spies operating on their territory. Arrests under the National Security Act in Britain have an underlying political motivation. Their transparency is ultimately a signal to Russia and China that Britain does not tolerate the use of espionage for hostile actions, especially during this time of increased tensions between the states. Russia is well aware of Britain’s material support of Ukraine to counter Putin’s invasion and would therefore hope to sabotage those efforts on British soil. The new National Security Act provides the police force with additional powers to counter that expected threat but also provides the necessary warning to Russia and China that Britain is aware of their plans and is willing to act against them.
There is no conclusive evidence to suggest there is an “invasion” of Russian and Chinese spies penetrating British society. However, the introduction of the National Security Act has proved that the global theatre has shifted ever further to a “New Cold War” scenario.
Kremlin/Wikimedia
Forecast
Short-term
There will most likely be further stories and statements released by police forces across Europe concerning the arrest of Russian and Chinese spies. Many with the NATO military alliance seem to be extremely proactive in updating their counter-espionage legislation and signalling to Russia and China that any attempted hostile penetration into another’s society will be met with an appropriate response.
Long-term
The arrests made under the National Security Act have soured relations between the UK, Russia, and China. With the powers introduced by the Act still expected to be used in the second half of 2024, it is understood that relations between the two states and the UK will continue to worsen. Several diplomats have already been expelled from both London and Moscow due to this espionage dispute. This raises the possibility of further diplomatic repercussions between London and Beijing if additional cases come to light.
