Moved by
Lord Sharpe of Epsom
38: Clause 13, page 11, line 18, leave out subsections (1) to (11) and insert—
“(1) A person commits an offence if—
(a) the person engages in prohibited conduct,
(b) the foreign power condition is met in relation to the prohibited conduct, and
(c) the person intends the prohibited conduct, or a course of conduct of which it forms part, to have an interference effect.
(2) A person commits an offence if—
(a) the person engages in prohibited conduct,
(b) the foreign power condition is met in relation to the prohibited conduct, and
(c) the person is reckless as to whether the prohibited conduct, or a course of conduct of which it forms part, will have an interference effect.
(3) A person (“P”) commits an offence if—
(a) P engages in a course of conduct with one or more other persons,
(b) the foreign power condition is met in relation to conduct of P which forms part of the course of conduct,
(c) P intends the course of conduct to have an interference effect,
(d) as part of the course of conduct, a person other than P engages in prohibited conduct, and
(e) P intends or believes that as part of the course of conduct, a person other than P will engage in prohibited conduct.
(4) For the purposes of subsections (1)(c) and (2)(c) a course of conduct includes a course of conduct engaged in by the person alone, or by the person and one or more other persons.
(5) Subsections (1) and (2) apply whether the person’s conduct takes place in the United Kingdom or elsewhere.
(6) Subsection (3) applies whether P’s conduct or the prohibited conduct takes place in the United Kingdom or elsewhere.”
Member’s explanatory statement
This amendment adds two new ways of committing an offence under Clause 13. Under subsection (2) the offence may be committed recklessly. Under subsection (3) it may be committed by a person where another person engages in prohibited conduct, if both are engaged in the same course of conduct.