Moved by
Lord Sharpe of Epsom
41: After Clause 13, insert the following new Clause—
“Foreign interference: meaning of “interference effect”
(1) For the purposes of section 13 an “interference effect” means any of the following effects—
(a) interfering with the exercise by a particular person of a Convention right, as it has effect under the law of the United Kingdom,
(b) affecting the exercise by any person of their public functions,
(c) interfering with whether, or how, any person makes use of services provided in the exercise of public functions,
(d) interfering with whether, or how, any person participates in political processes or makes political decisions,
(e) interfering with whether, or how, any person participates in legal processes under the law of the United Kingdom, or
(f) prejudicing the safety or interests of the United Kingdom.
(2) An effect may be an interference effect whether it relates to a specific instance of a matter mentioned in subsection (1), or to the matter in general.
(3) In subsection (1)(d) “political processes” means—
(a) an election or referendum in the United Kingdom;
(b) the proceedings of either House of Parliament, the Northern Ireland Assembly, the Scottish Parliament or Senedd Cymru;
(c) the proceedings of a local authority;
(d) the proceedings of a UK registered political party.
(4) In subsection (1)(d) “political decisions” means a decision of—
(a) the government of the United Kingdom, a Northern Ireland Minister, a Northern Ireland department, the Scottish Ministers or the Welsh Ministers;
(b) a local authority.
(5) In this section—
“Convention rights” has the meaning given by section 1 of the Human Rights Act 1998;
the
“law of the United Kingdom” includes the law of any part of the United Kingdom;
“local authority” means—
(a) in England—
(i) a county council,
(ii) a district council,
(iii) a London borough council,
(iv) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
(v) a parish council,
(vi) the Council of the Isles of Scilly,
(vii) the Common Council of the City of London,
(viii) the Sub-Treasurer of the Inner Temple,
(ix) the Under Treasurer of the Middle Temple;
(b) in Wales, a county council, county borough council or community council;
(c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(d) in Northern Ireland, a district council;
“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a junior Minister;
“public functions” means functions of a public nature—
(a) exercisable in the United Kingdom, or
(b) exercisable in a country or territory outside the United Kingdom by a person acting for or on behalf of, or holding office under, the Crown;
“UK registered political party” means a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000;
“Welsh Minister” includes the First Minister, the Counsel General to the Welsh Government and a Deputy Welsh Minister.”
Member’s explanatory statement
This new Clause defining “interference effect” replaces Clause 13(2) and (3). Subsection (1)(c) to (e) now use “interfering” not “manipulating” because of the introduction of recklessness in Clause 13, and political processes and decisions are defined. There are drafting changes consequential on Lord Sharpe’s amendments to Clause 13.
42: After Clause 13, insert the following new Clause—
“Foreign interference: meaning of “prohibited conduct”
(1) Conduct is prohibited conduct for the purposes of section 13 if—
(a) it constitutes an offence, or
(b) if it takes place in a country or territory outside the United Kingdom, it would constitute an offence if it took place in any part of the United Kingdom.
(2) Conduct is prohibited conduct for the purposes of section 13 if it involves coercion of any kind, including coercion by—
(a) using or threatening to use violence against a person;
(b) damaging or destroying, or threatening to damage or destroy, a person’s property;
(c) damaging or threatening to damage a person’s reputation;
(d) causing or threatening to cause financial loss to a person;
(e) causing spiritual injury to, or placing undue spiritual pressure on, a person,
(whether or not that person is the person to whom the interference effect relates).
(3) Conduct is prohibited conduct for the purposes of section 13 if it involves making a misrepresentation.
(4) A “misrepresentation” is a representation—
(a) that a reasonable person would consider to be false or misleading in a way material to the interference effect, and
(b) that the person making the representation knows or intends to be false or misleading in a way material to the interference effect.
(5) A misrepresentation may be made by making a statement or by any other kind of conduct, and may be express or implied.
(6) A misrepresentation may in particular include—
(a) a misrepresentation as to a person’s identity or purpose;
(b) presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.
(7) In this section “interference effect” has the meaning given by section (Foreign interference: meaning of “interference effect”).”
Member’s explanatory statement
This new Clause defines “prohibited conduct”. It replaces Clause 13(4) to (9). There are changes to the opening words of the definition of coercion in subsection (2), and the definition of misrepresentation in subsection (4), as well as drafting changes consequential on Lord Sharpe’s amendments to Clause 13.