Recommendation 2

The Government should consider whether the definition of “foreign country or territory” in clause 25(4) should exclude Commonwealth States, European Economic Area member States, and/or the Republic of Ireland. The Government should justify any decision to include these groups of States within the definition of “foreign power” in clauses 24–25. The Government should provide further information about how these offences are expected to be policed, how it will reduce any risks of discrimination against diaspora communities in the UK, and how it will counteract any potential chilling effect on otherwise lawful activity.