The UK Government is looking to introduce tougher penalties for anyone caught spying on or damaging subsea telecoms and power cables in waters around the British Isles.

The government last week announced plans to “introduce tougher prison sentences and unlimited fines on ship owners that damage critical national infrastructure.”

Under proposals set out in a new white paper, the government aims to update 140-year-old legislation to “give the UK stronger tools to protect its critical undersea infrastructure.”

The government first announced plans to strengthen regulation around subsea infrastructure back in May, following warnings from Parliament’s Joint Committee on the National Security Strategy last year.

Proposals include tougher penalties, new requirements on the telecoms industry, and powers for government to intervene and direct telecoms providers where national security is at risk.

Prison sentences of up to 14 years would apply to those who intentionally damage critical undersea energy and telecoms infrastructure.

The government would also gain new powers to require telecoms providers to take steps to protect cables from threats such as sabotage or espionage, and establish safeguards for fiber optic sensing technology that could detect activity at sea.

Telecoms minister Ian Murray said: “Undersea cables are the hidden backbone of modern Britain, carrying the data we rely on every day to message friends and family, do our banking, and run our businesses.”

He continued: “The threats we face have changed dramatically, with suspicious Russian activity around critical undersea infrastructure, yet some of the laws protecting these vital connections date back more than a century. We intend to modernize those laws with tougher penalties, stronger requirements on industry and new powers to protect our national security, making sure the UK’s critical infrastructure is fit for the threats of today and tomorrow.”

There will be a 12-week public consultation on the proposals to gather views from industry, experts, and the public.

In April, the British Armed Forces said it had exposed a covert Russian submarine operation around critical undersea infrastructure in and around UK waters.

In the white paper, the government notes that current legislation outlining the offense of damaging subsea cables dates back to 1885’s Submarine Telegraph Act, refers to ‘telegraphic’ communications, and makes “limited provision” for energy infrastructure, and notes it “fails to provide a satisfactory deterrent.”

The National Security Act 2023 does outline significant penalties – including life imprisonment – for sabotage, but only where “foreign power involvement can be proven to the criminal standard.”

Under the proposals, it would be an offence if anyone maps, surveys or positions capability against infrastructure in preparation for a later attack or exploits it for covert surveillance, even where no loss of service has yet occurred. It would also include remotely-controlled or autonomous systems.

As well as 14 years for ‘intentional’ conduct that damaged subsea infrastructure, the proposals would introduce punishment of up to ten years’ imprisonment for reckless conduct and up to two years for grossly negligent conduct (up from the current three months). The proposals include introducing unlimited fines.