My Lords, Amendments 50 and 51 seek to expand the preparatory conduct offence by adding the assisting a foreign intelligence service or FIS offence, Clause 3, and the unauthorised entry to a prohibited place offence, Clause 5, to the scope of the preparatory conduct offence.
The Committee will be aware that, under Clause 3, the first offence, in subsection (1), applies where a person engages in conduct that they intend will materially assist an FIS in carrying out UK-related activities. The second offence, under subsection (2), applies where a person engages in conduct that it is reasonably possible may materially assist an FIS in carrying out UK-related activities. The person engaging in this conduct has to know, or ought reasonably to know, that the conduct is of this kind. The type of activity that could be considered to be preparatory acts relating to assisting an FIS are already sufficiently covered by the second offence under subsection (2) and also by the offence of obtaining material benefits from a foreign intelligence service under Clause 15.
Clause 5 targets conduct in a prohibited place which is unauthorised. The offence targets lower-level activity, such as knowingly entering a prohibited place without
authorisation. This offence does not therefore require a purpose prejudicial to the UK to be demonstrated. I remind noble Lords that the purpose of Clause 16 is to allow the most serious state threats activity to be disrupted at an early stage. It would be disproportionate to include the Clause 5 offence under the scope of the preparatory conduct offence, given that the offence does not require any proof of intent against the United Kingdom and accordingly carries a lower penalty. As such, we do not consider that the inclusion of these additional offences to the preparatory conduct offence is necessary or proportionate to achieve the aims of the offence.
I hope that that answers the questions put by the noble Lord, Lord Marks. The Government therefore do not find the amendment to be necessary, so I invite him to withdraw.