LONDON — The U.K. has narrowed the scope of its planned U.S.-style foreign lobbying register to address concerns it could deter business investment and hinder press freedom.
The government Thursday put forward a host of amendments to the National Security Bill, several of which introduce changes to its planned Foreign Influence Registration Scheme, meant to shield British politics from malign foreign influence.
Under the amended rules, the scheme will still require organizations and individuals carrying out political influencing activities on behalf of a foreign state to register under the scheme, or face a criminal sanction with a maximum two-year sentence, a fine or both.
But foreign businesses, charities and other bodies acting in their own interests and not being directed by a foreign state will fall out of the scope of the scheme and not be required to register.
The legislation, which seeks to boost transparency around lobbying by hostile states like Russia, China and Iran, is scheduled for report stage in the Lords on March 1 and March 7, before returning to the Commons for final approval later this year.
Members of the Lords had slammed the original proposals, arguing they were far broader than equivalents in Australia or the United States, the countries Britain had looked at for inspiration. The original draft had caused outcry among EU diplomats who felt their organizations could be treated in the same way as those from hostile nations attempting to carry out malign influence.
Last month, before the government amendments were presented, one senior business figure — representing a large overseas firm in a country allied with the U.K. — had described the scheme as one of the “most bone-headed, dunder-headed, ill-thought-through pieces of legislation” they had ever seen.
The Home Office, which leads on the legislation, argues its latest changes will prevent any extra bureaucratic burden on foreign businesses seeking to invest in the U.K. or overseas charities aiming to operate in the country, while ensuring the scheme will still curtail political influence directed by foreign governments.
The department said the reworked register scheme would be able to capture individuals such as Christine Lee, a U.K.-based lawyer publicly named by the MI5 in an alert in January 2022, which accused her of engaging in political interference activities for the Chinese Communist Party.
The vague wording of the bill’s provisions about the scheme had sparked concerns it could potentially criminalize legitimate activity by journalists. To prevent unintended restrictions to media freedom, U.K. officials have clarified the scope of offences and requirements in the bill to protect all legitimate activity, including by recognized news publishers. The amended text also clarifies that the bill does not intend to interfere with parliamentary privilege.
However, the bill will require MPs acting on the direction of a foreign power to carry out political influence, including by speaking at informal meetings of either House, to register this activity. Parliamentarians may also be captured by the register when lobbyists declare their intention to seek to influence lawmakers.
Some firms had pressed for a “whitelist” of countries whose businesses would not have to register, in order to distinguish a company from a friendly country such as Norway from a hostile state like North Korea. But the Home Office declined to set out such a list in the legislation.
The U.K.’s Security Minister Tom Tugendhat said despite the changes the bill would play “a critical role” in preventing hostile foreign activity.
“It will give our intelligence agencies the tools they need to protect us and contains important new measures to fight back against hostile activity from foreign affairs,” he said. “These amendments will focus the bill on the most serious threats we face.”
