Minister for Security Dan Jarvis: new guidance on complying with the National Security Act 2023

Minister of State (Minister for Security) Dan Jarvis MBE MP addresses the security sector on the importance of complying with the National Security Act 2023 in an article for City Security magazine.

Working in the security industry, you’ll be well attuned not only to the threat landscape we live in, but the complexity of it too.

Some states pose a growing threat to the UK’s security – damaging our infrastructure and institutions, stealing information, undermining our values, threatening their own dissidents living in the UK and manipulating our public discourse. Their methods are expanding, and you have a vital role to play in countering this threat.

Sir Ken McCallum, the Director General of MI5 has said state actors are using proxies – sometimes witting, sometimes not – to carry out their dirty work. Sir Ken’s statement is a stark warning we must all heed.

Security professionals have become attractive proxies for those who wish to harm the UK. Private investigators, private intelligence operatives, and close protection officers have specialist skills, access to information, and proximity to individuals of interest that hostile actors wish to exploit.

It is imperative for those of you working in the security industry to be alive to these threats and take every action to mitigate them. Doing so will help protect the UK and yourself.

The National Security Act became law in 2023. It makes the UK a harder target for states conducting hostile acts against us and that includes actions undertaken by their proxies. Working for a foreign power is not illegal but, through this crucial law, it is now a criminal offence to do so where you are assisting them in work that damages the UK.

This could include working for a foreign intelligence service, including through second parties that are contracted by these organisations; accepting or agreeing to accept a material benefit that originally comes from a foreign intelligence service; carrying out foreign interference activity for, or on behalf of, or intended to benefit a foreign power, such as sowing discord, undermining public safety, or targeting foreign dissidents; and retaining or sharing protected information or trade secrets on behalf of a foreign power.

Whilst this may sound alarming, I want to reassure you. By carrying out the necessary checks on clients and acting when concerns arise, threats will be minimised and the law complied with.

The government has published new guidance online, with resources, scenarios, and questions. These will support you and your businesses to carry out these checks correctly and in so doing protect yourself and the country.

Security professionals must be careful, must fully understand the law, and must know who they are working for. These due diligence checks are a vital tool. Any concerns you have should be reported to the police, with as much detail as possible so the government can build a more informed picture of the frequency and nature of malign state actor activity.

My overarching advice, and plea, is simple: be vigilant to these threats, establish who you are really working for, report any concerns and spread the word amongst your colleagues.

The direct involvement of a state may not be immediately obvious. Many state actors operate covertly, making it harder to discover their intentions or involvement. Some states target the UK through intermediaries – seemingly innocuous people or businesses. You should take all reasonable precautions to reassure yourself that you are not undertaking damaging activity for a foreign power.

No question or report is foolish, because these actors don’t care for the consequences you’ll face if your suspicions are well-founded. Learn who your client is and where they are really based. Be alert to a deliberate failure to provide information about their identity. Think about whether you are being asked to gather sensitive and valuable information, which could be about specific people such as political dissidents; national infrastructure, or wider UK assets. Ask yourself why you are being asked to do a specific task, whether the terms seem too generous, or the necessary actions feel uncomfortable or unprecedented.

Ultimately, be inquisitive, be meticulous, and be mindful.

Detecting malign activity is becoming more challenging with the use of online platforms connecting state actors to proxies as easily as talking to friends on social media. This growing threat cannot be countered by government alone. Working with the private sector, academia, and our partners, we will make our country safer, more secure, and more resilient. As security professionals you are a vital part of our country’s national security.

The law and this new guidance are designed so that you can do your jobs safe in the knowledge that you are serving your country and not the interests of a hostile state actor. The private security sector does brilliant and vital work. You have my profound thanks, as well as the government’s every support.

Minister of State (Minister for Security) Dan Jarvis MBE MP

January 20, 2025