MPs have warned that a new national security bill making its way through parliament risks having a “chilling effect” on aid work in war zones and humanitarian crises.
The National Security (State Threats) Bill is intended to build on the National Security Act 2023 by strengthening the UK’s ability to detect and deter threats from foreign states and their proxies, particularly given conflicts like the war in Ukraine and conflicts in the Middle East.
Writing on behalf of the cross-party International Development Committee to Home Secretary Shabana Mahmood, chair and Labour MP Sarah Champion said that “at a minimum, the bill creates legal uncertainty for humanitarian organisations, which may result in a chilling effect on their activities.”
Ms Champion has also called for an amendment to the bill that includes an “express humanitarian exemption” to protect aid agencies and non-governmental organisations (NGOs).
“Whilst I fully support measures to strengthen our national security, I am concerned this rushed legislation could have unintended consequences which could impact on UK humanitarian workers,” Ms Champion said.
The shadow home office minister, Alicia Kearns, has raised concerns that the bill is being “waved through parliament”, and the lack of line-by-line scrutiny means that it would “collapse” in a courtroom.
Bond, the UK NGO network, has said that if the bill passes in its current form without additional humanitarian safeguards, British aid organisations are set to face “significant barriers to assisting people in countries where this new law will apply”.
A major concern identified by Bond is that aid organisations operating in complex environments may need to pay fees to public bodies in countries where they operate, which could be construed as an offence under the bill.
While Bond has welcomed the fact that there are “safeguards and defences related to humanitarian and activities to support basic human needs” in accompanying documentation, they suggest that this is not currently included in the bill itself, which they suggest could impact the legal basis on which private sector partners are willing to collaborate.
“While we support efforts to keep UK citizens safe, the National Security (State Threats) Bill lacks clear humanitarian and peacebuilding safeguards. In particular, it creates a risk that, if any part of a government in countries where NGOs operate is designated in future, NGOs could be unintentionally caught by the law,” Paul Abernethy, Bond’s public affairs and government relations manager, told The Independent.
“Unless the bill makes clear that conduct related to humanitarian and peacebuilding activities is outside its scope, it significantly risks hindering life‑saving humanitarian assistance in countries where this new law could apply," he added.
In response to concerns expressed in this article, a spokesperson for the Home Office said that the bill had been drafted to be compatible with the UK’s obligations under international law, while also “tackling the serious harms perpetrated by designated bodies”.
“Legitimate activity, such as diplomatic and humanitarian engagement and journalistic freedoms are protected in the offences which include relevant defences,” the spokesperson said.
This article has been produced as part of The Independent’s Rethinking Global Aid project
