Security professionals urged to tackle significant threat posed by state actors

Jarvis’ warning comes as new guidance is published by the Home Office to support professionals within the security industry when they’re approached for work so that they can check they’re not assisting state actors looking to undertake malign activity which would harm or threaten the safety or interests of the UK (and which may result in them committing a criminal offence themselves).

The guidance, which includes resources, scenarios and questions to consider, is designed to help security professionals understand the law and afford them the tools and confidence needed to carry out necessary due diligence checks in order to ascertain if their client is a foreign state – or a body linked to a state – seeking to carry out damaging activity against the UK.

Without this guidance, individuals risk committing an offence under the National Security Act 2023. Work security professionals could take on to assist a foreign power in carrying out activities against the UK may include activity intended to sow discord, manipulate public discourse, discredit the political system, bias the development of policy or otherwise undermine the safety or interests of the UK.

Through the publication of this guidance, the Government is also sending a clear warning to those individuals who deliberately take on work for malicious state actors that they are breaking the law and will be prosecuted.

Vital task 

Security Minister Dan Jarvis said: “Working in the private security sector is vital, but foreign states are increasingly looking to the industry as a tool to carry out their dirty work in order to degrade our security, undermine our values and damage our livelihoods.”

Jarvis continued: “I urge security professionals to take caution to protect the UK and themselves by fully checking and understanding for whom it is they are working. If they don’t, they seriously risk breaking the law and aiding states who seek nothing more than to harm this country and who have no concern for the individuals they employ.”

Further, the Security Minister observed: “The threats malign actors pose to our country are expanding, both in terms of their scale and scope. We must adapt with them. The private security sector has a pivotal role to play in shutting them out of the UK.”

Security professionals should also report any instance in which their due diligence checks have led them to suspect the involvement of a state when they have been approached, or if they realise this could be the case only after taking on work. They should report to Counter Terrorism Policing in confidence on the latter’s Anti-Terrorism Hotline or online.

National Security Act 2023

The National Security Act 2023 criminalised certain activities that could assist a foreign power to harm the UK’s safety or interests.

Activities that could fall within these offences include working in the UK for a covert foreign intelligence service (including through second parties that are contracted by these organisations), accepting or agreeing to accept money or other benefits that originally come from a foreign intelligence service, sabotage, carrying out foreign interference activity for (or on behalf of) or otherwise intended to benefit a foreign power, such as sowing discord, undermining public safety or threatening foreign dissidents and retaining or sharing protected information or trade secrets on behalf of a foreign power.

Personnel in the security industry, including those who work in the private investigation or close protection or who advise on corporate security and risk, are attractive targets for foreign powers to act as their proxies due to their specialist skill sets and their line of work often giving them access to valuable information or close proximity to individuals of interest.

As part of their checks, the Home Office guidance suggests that individuals should ask themselves questions to establish where their client is based, if they have failed to provide sufficient information about their identity when specifically requested to do so and if the tasks being assigned fall under a range of behaviours within scope of the National Security Act 2023 (such as those which assist a foreign power,  damage the UK or undermine public safety).

Inquisitive approach

By urging the sector to bring a careful, mindful and inquisitive approach to its work, these checks help the Government to build the strong foundations upon which its ‘Plan for Change’ will be delivered, in turn protecting national security by continuing to counter the enduring and evolving state-based security threats faced on a constant basis.

Threats from states who wish to undermine the UK’s security are increasing, while their ability to connect with proxies has expanded through the use of online platforms, making it more challenging to detect when damaging activity is being carried out. In supporting the security sector to carry out these checks, threats from state actors will be foiled and minimised.

*The guidance for security professionals relating to the National Security Act 2023 can be found online at Complying with the National Security Act 2023: security professionals - GOV.UK

**On 8 October, Ken McCallum (director general of MI5) gave his latest threat update. Read the speech online at Director General Ken McCallum gives latest threat update | MI5 - The Security Service