Source · Select Committees · National Security Strategy (Joint Committee)
Recommendation 18
18
Deferred
The Government’s review of legislation must pay particular attention to strong deterrents, such as major...
Recommendation
The Government’s review of legislation must pay particular attention to strong deterrents, such as major fines and criminal liability, that can be applied to private actors suspected of working for or on behalf of foreign states. (Recommendation, Paragraph 114)
Government Response Summary
The government agrees with the recommendation and is closely examining the issue of deterrents, such as major fines and criminal liability for private actors, as part of a comprehensive review of legislation relating to subsea cable infrastructure.
Government Response
Deferred
HM Government
Deferred
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.