Defence Act 2024

Legislative Branch


Defence Act 2024
EXPLANATORY NOTES
This bill establishes the Ministry of Defence and its defensive powers.


[AS INTRODUCED]
A
BILL
TO


establish the Ministry of Defence; to make provisions for the Defence of the United Kingdom; to make provisions for Intelligence; and for connected purposes.

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1     The Ministry of Defence

  1. There shall be a Ministry of Defence, which shall be a ministerial department, consisting of—
    1. the Secretary of State for Defence (5iC);
    2. the Minister of State for Defence (6iC);
  2. The Ministry of Defence shall be responsible for—
    1. keeping the United Kingdom secure from foreign and domestic threats;
    2. investigating foreign and domestic threats to the United Kingdom;
    3. overseeing, gathering and managing the United Kingdom’s intelligence;
    4. discharging any other duties assigned by the Prime Minister or by statute law.

2     Accountability

  1. The Ministry of Defence and its members shall be accountable to the Defence Select Committee, ensuring that the Ministry meets its statutory obligations and requirements.
    1. The Ministry of Defence may, with the consent of the Prime Minister, withhold or redact information where operational security and situational secrecy is necessary to maintain the defence of the United Kingdom.
  2. The Secretary of State for Defence shall report to His Majesty the King and the Prime Minister on the decisions, operations and situations regarding the Ministry.
  3. The Secretary shall act on the decisions and directions made by His Majesty the King and the Prime Minister, but shall be the determiner on any recommendations made by either the Parliament or the Defence Select Committee.

3     Security and Intelligence Powers

  1. The Secretary of State for Defence reserves the right to recruit employees of the United Kingdom as analysts and operatives for the Ministry of Defence, who shall have tasks, as set by the Secretary, in addition to that of their position and rank.
    1. The Secretary reserves the right to either classify or declassify the names of those individuals, except from the Head of State, the Prime Minister, the Deputy Prime Minister, First Secretary of State and Minister of State for Defence.
  2. The Ministry of Defence shall have the jurisdiction over investigations which relate to the protection and defence of the United Kingdom from treason, terrorism, espionage and double-jobbing.
    1. In its prerogative to conduct said investigations, the Ministry of Defence shall administer an oath to any employees taken in for questioning, and must inform them of the consequences of lying or otherwise stating false information.
    2. At the conclusion of an investigation, the Ministry of Defence must report on its findings to the Prime Minister.

4     Ban on Sight

  1. The United Kingdom shall have a Ban on Sight list, which shall be a list of groups and people who may not enter any room or website belonging to, nor be employed at, the United Kingdom.
  2. A person or a group may be added to the Ban on Sight list by the Secretary of State for Defence submitting a request for a disciplinary hearing against said person or group for a Class A criminal offence.
  3. A person or a group may be removed from the Ban on Sight list by pardon or appeal.

5     The National Security Council

  1. The National Security Council shall be a Cabinet committee, which membership shall consist of—
    1. the Prime Minister, who shall chair the committee;
    2. the Deputy Prime Minister;
    3. the First Secretary of State;
    4. the Secretary of State for Defence, who shall deputy-chair the committee;
    5. the Secretary of State for Foreign Affairs;
    6. any other member admitted to the committee at the discretion of the chair and deputy-chair of the committee;
  2. The National Security Council shall be responsible for—
    1. assessing ongoing national security situations;
    2. hearing or sharing national security information or expertise with the relevant individuals, within legal limitations;
    3. updating and advising the Prime Minister and Head of State on any matters of national security;
    4. convening for meetings whenever called by the chair or deputy-chair;

6     Amendments

  1. The Prime Minister may by order amend section 1 of this Act.
  2. The Secretary of State for Defence may by order with approval of the House of Commons amend sections 2–4.