The case for a new treason offence

27 Jul

The Government is preparing to overhaul Britain’s security laws, utilising work done on them by Sajid Javid when he was Home Secretary, which in turn drew on research by Policy Exchange.

We wait to see what the legislation contains, but the plans seem to fall into three parts.  First, an overhaul of the Official Secrets Act.  Second, an updating of the espionage laws, which will be carried out largely with state actors, such as China and Russia, in mind.  Third, a new treason offence.

Its origins lie in the return to Britain of Islamist terrorists who fought abroad with ISIS.  Ministers believe that the present legal framework isn’t fit for purpose if prosecutions are to be successful.  The recent Court of Appeal judgement on Shamima Begum’s case doubtless explains why we are reading about revised laws now.

At any rate, the original Policy Exchange proposal was supported by a former Home Secretary, Amber Rudd; a former head of MI5, Lord Evans; a former Lord Chief Justice of England and Wales, Lord Judge, and former head of counter-terrorism at Scotland Yard, Richard Walton.

Tom Tugendhat, one of the authors of that report, Aiding the Enemy, was out and about in the Sunday Times yesterday, concentrating largely on espionage – and writing as he did so “pinstriped fixers, lawyers and silver-tongued svengalis are pocketing money” are doing the bidding of hostile foreign governments.

Meanwhile, Javid was busy in the Mail on Sunday, covering the same themes, and arguing that we need to repurpose “our ancient treason laws to cover Britons who operate on behalf of a hostile nation or go abroad to fight alongside terrorist groups”.

That would cover Hezbollah and Hamas, as well as ISIS and Al Qaeda.  It will doubtless be argued that Britain shouldn’t be in the business of legislating for loyalty oaths, or giving terror groups the same status as foreign governments.

But if you think about it, the loyalty oath claim is a red herring, since what would be required is not a pledge of allegiance to Britain, but the shunning of terror aimed at our troops or civilians.  (The form of words that Javid used would appear to cover fighting alongside terror groups, period – whether against British citizens or not.)

We expect that it will also be claimed that a new treason offence will be “bad for community relations” – i.e: that British Muslims will be opposed to it, though it will certainly go down well among others in Blue Wall seats, as we must now call them, and elsewhere.

A modernised treason offence would certainly be to the point.  Islamist extremism has no room within it for attachment to nation states – what matters is the worldwide community of Muslims, led from its present ignorance, as the extremists see it, to the politicised and ideological version of Islam which they themselves propagate.

(This use of religion rather than nationality as a catch-all definer explains why they identify Jews with Israel, by the way – despite the fact that not all Jews live there and many aren’t Zionists at all.  Hence the Hypercacher kosher supermarket siege in Paris in 2015, and the 2008 massacre at a Jewish outreach centre in Mumbai.)

We anticipate, too, that forcing lobbyists who work for foreign governments to register; toughening up rules on registering interests in the Lords or work undertaken by former Ministers, and slowing, say, the flow of Chinese money into our universities and civil society will also be resisted.  A sign of how much new measures are needed.