Policy background Measures to counter state threats (Parts 1 and 2)
In 2015, the Cabinet Office and the Ministry of Justice commissioned the Law Commission to examine the Official Secrets Acts as part of a wider review of the Protection of Official Data. The genesis of this Review was prompted by increased concern about the impact of unauthorised disclosures of official information, and the speed and scale of global communications enabled by the internet.
	During their Review, the Law Commission consulted widely on potential legislative proposals. The Government engaged with the Law Commission during their consultation process in 2017, as did a wide number of interested parties, including media and legal organisations, academics, non-governmental organisations, and individual members of the public.
	The Commission’s final Report was published on 1 September 2020. In preparing this Act, the Government took into account that report, in particular the aspects relating to the Official Secrets Acts 1911, 1920 and 1939.
	In parallel to the ongoing Law Commission review, the then Prime Minister announced in 2018 that the Government would be taking a number of steps to address the threat posed to the UK by the hostile activities of foreign states. This included introducing a new power to allow police to stop those suspected of conducting hostile activity on behalf of a foreign state at the border and, in slower time, conducting a comprehensive review of the tools and powers available to counter the threat. The former was delivered through the Counter Terrorism and Border Security Act 2019 and came into force in 2020.
	On 21 July 2020, the Intelligence and Security Committee published their Russia Report, which made several recommendations for legislation to counter state threats. This included the view that ‘the Official Secrets Act regime is not fit for purpose and the longer this goes unrectified, the longer the security and intelligence community’s hands are tied. It is essential that there is a clear commitment to bring forward new legislation to replace it’. It also recommended that there be ‘a new statutory framework to tackle espionage’.
	From 13 May 2021 to 22 July 2021, the Government ran a public consultation on Legislation to Counter State Threats. The consultation set out the Government’s proposals and sought input to inform the final policy and legislative proposals to counter state threats with a view to ensuring the new framework was comprehensive, effective, workable, and balanced the protection of national security with the rights and values important to the British people. The Government response to this consultation was published on 12 July 2022.