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
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.
Government Response
Accepted
HM Government
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.