Spy laws could lead to wrongful arrests, ministers told | Politics | News
New laws designed to catch foreign spies could be “misused in the wrong hands” and result in unfair arrests, the terrorism watchdog has revealed.
Jonathan Hall, an independent watchdog of terrorism legislation, warned that innocent people could be subject to government investigations because the definitions in the National Security Act are too broad.
He said journalists, lawyers and aid workers could be unwittingly caught up in investigations into allegations of links to a foreign intelligence service.
Mr. Hall said that “police and prosecutors should avoid crushing the butterfly in the steering wheel.”
In a report to Home Affairs Minister Shabana Mahmood, he said: “It is right to consider how national security legislation can be abused in the wrong hands.
“Unless used exceptionally well, the UK’s new and far-reaching powers will result in cases of real harm if an individual is mistakenly arrested or investigated, no matter how well-intentioned.”
The National Security Act, which took effect in 2023, gave police and intelligence services greater powers to catch spies working with enemies.
It created new criminal offenses including obtaining or disclosing protected information, obtaining or disclosing trade secrets, and assisting a foreign intelligence service, criminalizes foreign interference, makes it illegal to accept a “pecuniary benefit” and introduces the Foreign Influence Registration Scheme.
This forces intelligence officers to declare their presence in the UK.
Police may also arrest suspects without a warrant for state threat activities. Initial detention may last 48 hours, but courts may extend this period up to 14 days.
But Mr Hall warned: “Police and prosecutors should avoid crushing the butterfly in the steering wheel in their enthusiasm for exposing foreign state activities. “As is increasingly the case with terrorism, some of those coming through national security portals are young or incompetent.
“MI5 made a direct comparison between criminals whose strings are in the hands of foreign governments and criminals who are radicalized online.
“Strange people are interested in espionage, hacking and conspiracy, and State Threat legislation will inevitably attract its fair share of these.
“Of course, queer people, such as children, can sometimes cause or threaten serious harm to national security. Failure to protect the UK against State Threats will restrict individual rights and freedoms in the long term.
“Unimpeded hostile activity could poison the general well-being of our society by weakening its military capacity, damaging its economy and hindering personal freedoms such as freedom of expression, including by harming individuals living in the UK, such as dissidents or journalists.”
Mr Hall warned that a crime could be committed without the defendant having any contact with another country.
Can drag “journalists, politicians and private individuals” [who] He can argue passionately in favor of arming Ukraine in its war against Russia or the return of the Elgin marbles” or anyone who “willfully advances the interests of other states within the international pecking order.”
Protesters may also be disproportionately affected by new police powers that “require individuals to leave areas adjacent to prohibited locations”, including military bases, weapons ranges, intelligence facilities and other crown land.
“There are insufficient provisions in the legislation to prevent unwarranted attacks on public protests,” Hall said, and recommended the creation of additional safeguards in the form of codes of practice for the police.
