Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

MI5 boss: Struggle against hostile nations is undermined by outdated laws

Ken McCallum claimed the laws meant ‘we are in effect operating with one hand behind our backs’.

PA Reporter
Friday 18 February 2022 20:28 EST
MI5 director general Ken McCallum has warned that the UK’s espionage laws are not equip to deal with modern threats (Yui Mok/PA)
MI5 director general Ken McCallum has warned that the UK’s espionage laws are not equip to deal with modern threats (Yui Mok/PA) (PA Wire)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The director general of MI5 has pushed for an overhaul of the UK’s espionage laws to combat what he called a “struggle” for the country’s “values” and “system”.

Although Ken McCallum said it was “important not to frame this as Cold War II” he added: “We do need to stand up for our values, for our system, for the benefits of the democratic way of life that we, and our allies, hold dear.”

In an interview with the Daily Mail, he said the UK’s Official Secrets Act was outdated and meant “we are in effect operating with one hand behind our backs on state threats.

Laws that had stood the test of time over theft of state secrets are insufficient to deal with the more nuanced interconnected world in which we all live,” he said.

“We don’t have in my view sufficient legal powers to deal with some of what we are now seeing.

“With state threats we seek to do everything we can to make the UK resilient but in many cases we don’t have the ability to bring prosecutions in the criminal courts, for example it is not presently a criminal offence to be a covert agent of a foreign power.”

The Government has already outlined plans to reform the Official Secrets Act, which it has also called outdated.

The plans include replacing the word “enemy” with “foreign power” and including cases of espionage as crimes regardless of whether the individual is a British citizen.

What we are dealing with won't, I don't think, become a confrontation of the sort our grandparents would recognise.

MI5 director general Ken McCallum

Boris Johnson has also pledged to introduce a Bill creating a criminal offence if individuals working on behalf of foreign governments do not register their presence.

Mr McCallum said that “espionage and interference” from a number of “powerful nations” had become increasingly common in recent years.

He said: “We need to be clear that there is in effect a contest of different worlds now taking place, sometimes visibly, sometimes invisibly, between the liberal democrat model West and the more authoritarian model nations.

“What we are dealing with won’t, I don’t think, become a confrontation of the sort our grandparents would recognise. [And] the UK does not need to cut itself off from the world.

“But we do need to be clear that standing up for our values and our way of life matters and sometimes that involves tough choices.”

He said that MPs should expect more security alerts like the one released by MI5 about Christine Lee last month and claimed that both Russia and China were attempting to access advisers close to the Prime Minister.

MI5 took the rare action of circulating a warning to MPs that Christine Lee – a prominent London-based solicitor – had been engaged in “political interference activities” on behalf of China’s ruling communist regime.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in