Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Baroness Chakrabarti and Earl of Kinnoull

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th January 2021 Lords Chamber

[Baroness Chakrabarti (Lab) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Marlesford. I have ringing in my ears his commitment to protecting press freedom and that, he says, of his party. I am happy to support this amendment to protect journalistic sources, and I hope everyone else will.

I hope that my noble friend Lady Whitaker will press the amendment to a vote and that everyone will support it, but when they do, I hope that some will consider why they would support this limited protection for journalistic sources yet they did not support Amendment 11 to ban agents provocateurs, which would have protected journalistic agencies as well as other parts of civil society such as human rights NGOs and trade unions. Never came there once—not from either side, I have to say—an explanation of why that protection was unnecessary.

I have yet to pay proper tribute and give proper thanks to the noble Baroness, Lady Hamwee—although I fear that she may not be on the call any more—because never has there been a more modest or consistent defender of rights and freedoms in your Lordships’ House. I say to her that I share her sense of bleakness about how little we have achieved in providing protections in this legislation. A Rubicon has been crossed and probably will be again. There will be impunity for agents of the state to commit even serious crimes; there is no judicial authorisation; and the agencies were not limited. I feel very bleak about that.

The noble Baroness, Lady Manningham-Buller, was perhaps the most eloquent voice for security, as she so often is in this debate. Like everyone else, I was moved by her story about a CHIS, an undercover operative, who told her on a radio programme that he did what he did because he had to look in the mirror and be proud of himself. However, as legislators, dare I say it, we have to look in the mirror as well.

While I support this amendment and hope it passes, I feel very bleak about other parts of civil society and ordinary citizens who are losing their very important rule-of-law protection as I speak. I fear that history will not judge us kindly, nor will critics of our unelected House. It is a very difficult system and Chamber to defend but, when I have looked for a defence, I have always thought about the importance of independence, and independent legislators at least having the ability to defend human rights and the rule of law from populist attack. I fear that we have not perhaps done our best or most successful work on this Bill.

That said, I wish this amendment every success and hope that my noble friend Lady Whitaker will press it.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

The noble Lord, Lord Mann, has scratched. Accordingly, I call the noble Lord, Lord Paddick.