Source · Select Committees · National Security Strategy (Joint Committee)
Recommendation 17
17
Accepted
The legal provisions for responding to malicious cable damage are weak.
Recommendation
The legal provisions for responding to malicious cable damage are weak. It is encouraging that the Government has identified the forthcoming Defence Readiness Bill as a potential legislative vehicle to implement changes. We would like to emphasise the urgency of making progress internationally too: legal developments can be slow, and the matter is pressing. The UK should use its strong credentials in order play a leading international role on this topic. (Conclusion, Paragraph 113)
Government response summary AI-generated
The government accepts the recommendation, agreeing that current legislation for non-foreign power sabotage of cables is weak. It is conducting a comprehensive review of legislation related to subsea cable infrastructure to ensure robust routes for prosecuting private actors.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Accepted
HM Government · verbatim extract
Accepted
The Government agrees with this recommendation. The National Security Act 2023 provides a maximum penalty of life in prison or a fine, or both for the offence of ‘sabotage’, where the activity is conducted for, on behalf of, or for the benefit of a foreign power. However, where this cannot be established, existing legislation—such as the Submarine Telegraph Act 1885—significantly constrains our ability to impose appropriate fines and custodial sentences and therefore requires updating. We are examining this issue closely as part of our comprehensive review of legislation relating to subsea cable infrastructure. A key focus will be ensuring that robust routes exist to prosecute and deter private actors suspected of working on behalf of foreign states, particularly when the foreign power condition cannot be met. We partially agree with this recommendation. The United Nations Convention on the Law of the Sea (UNCLOS) is the cornerstone of international law on ocean related issues. Upholding UNCLOS is central to the UK’s maritime policy. The Government keeps under continuous review options to counter suspicious vessels, and any proposed measures regarding protection of critical underwater infrastructure must be consistent with UNCLOS. The Government does not consider reliance on UNCLOS piracy provisions to be an appropriate solution to tackling malign activity against submarine cables and pipelines. Various international partners, including major maritime States, share this view. Any measure taken to tackle this issue— including extending criminal jurisdiction—must be consistent with UNCLOS. The Government does not consider it necessary or appropriate to commission and publish an external legal opinion on this issue. The Government would underscore both the reciprocity risk of adopting novel interpretations of UNCLOS, as discussed in the report, and the potential to undermine the international legal framework. It is essential to avoid adopting positions that could be used to our detriment by other States.
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