Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how they intend to improve the independent inspections of the use of children under the age of 18 as covert human intelligence sources (CHIS); and whether they have any plans to ensure that these inspections are carried out before these children are deployed as CHIS.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Regulation of Investigatory Powers Act 2000 (RIPA) is the legislation which governs the use of covert human intelligence sources (‘CHIS’). RIPA provides that restrictions on certain groups of CHIS can be imposed in secondary legislation. In 2000 the then Government put in place the Regulation of Investigatory Powers (Juveniles) Order 2000 which established an enhanced set of safeguards in relation to the use of juveniles as CHIS.
While investigators may wish to avoid the use of young people as CHIS, we must recognise that some juveniles are involved in serious crimes, as perpetrators and victims. Consequently, young persons may have unique access to information that is important in preventing and prosecuting gang violence and terrorism. This includes the troubling ‘county lines’ phenomenon which, along with the associated violence, drug dealing and exploitation, has a devastating impact on young people, vulnerable adults and local communities.
Those operating these powers have access to extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. This includes the codes of practice and internal guidance. By way of example the CHIS guidelines issued by the National Police Chiefs Council runs to some 380 pages, which includes a chapter dedicated to Juvenile CHIS.
The welfare of the CHIS is taken very seriously in any deployment and the code of practice provides clear guidance on this issue saying at paragraph 6.13:
“Any public authority deploying a CHIS should take into account the safety and welfare of that CHIS when carrying out actions in relation to an authorisation or tasking, and the foreseeable consequences to others of that tasking. Before authorising the use or conduct of a CHIS, the authorising officer should ensure that a risk assessment is carried out to determine the risk to the CHIS of any tasking and the likely consequences should the role of the CHIS become known. This should consider the risks relating to the specific tasking and circumstances of each authorisation separately, and should be updated to reflect developments during the course of the deployment, as well as after the deployment if contact is maintained. The ongoing security and welfare of the CHIS, after the cancellation of the authorisation, should also be considered at the outset and reviewed throughout the period of authorised activity by that CHIS.”
Welfare is even more important in cases involving young persons and the legislation requires that any decision to authorise the use of a juvenile as a CHIS must be accompanied by an enhanced risk assessment that takes into account the physical and psychological welfare of the young person.
Additionally, in 2015 the National Police Chiefs Council endorsed and published the National Strategy for the Policing of Children and Young people. This strategy says “It is crucial that in all encounters with the police those below the age of 18 should be treated as children first. All officers must have regard to their safety, welfare and well-being as required under S10 and S11 of the Children Act 2004 and the United Nations Convention on the Rights of the Child.”
Since 2000 the police and other public authorities have been applying those safeguards on the rare occasions where juveniles have been deployed as CHIS. Their use has been subject to the oversight of the Surveillance Commissioner and more recently the Investigatory Powers Commissioner. The Commissioner, like his predecessors, provides the guarantee of impartial and independent scrutiny of the use of these tactics. In relation to Juvenile CHIS there is enhanced oversight with the former Chief Surveillance Commissioner, Lord Judge, making clear during a debate on this issue in Parliament on 18 July 2018 that “...in relation to any CHIS activity involving juveniles, the inspectors pay particular attention to see that the issues of welfare and so on have been properly addressed”.
The Investigatory Powers Commissioner, and previously the Surveillance Commissioner, is responsible for deciding what statistics to collect and publish. Statistics on the number of juvenile CHIS authorisations or the outcomes of cases in which they are used are not collected centrally or published but we know, from discussions with investigators, that juvenile CHIS are authorised in very small numbers as young people will not normally be deployed in this role unless there is no other way to achieve the same result. Going forward, Lord Justice Fulford will collect statistics on the number of juvenile CHIS in place and will consider how this information and his oversight in this area can appropriately be included in his annual reports in the future.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what advice, training and guidance is issued to police and intelligence officers to ensure that children under the age of 18 who are used as covert human intelligence sources are protected and treated in line with the requirements of the Protection of Children Act 1999 and the requirements of the UN Convention on the Rights of the Child.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Regulation of Investigatory Powers Act 2000 (RIPA) is the legislation which governs the use of covert human intelligence sources (‘CHIS’). RIPA provides that restrictions on certain groups of CHIS can be imposed in secondary legislation. In 2000 the then Government put in place the Regulation of Investigatory Powers (Juveniles) Order 2000 which established an enhanced set of safeguards in relation to the use of juveniles as CHIS.
While investigators may wish to avoid the use of young people as CHIS, we must recognise that some juveniles are involved in serious crimes, as perpetrators and victims. Consequently, young persons may have unique access to information that is important in preventing and prosecuting gang violence and terrorism. This includes the troubling ‘county lines’ phenomenon which, along with the associated violence, drug dealing and exploitation, has a devastating impact on young people, vulnerable adults and local communities.
Those operating these powers have access to extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. This includes the codes of practice and internal guidance. By way of example the CHIS guidelines issued by the National Police Chiefs Council runs to some 380 pages, which includes a chapter dedicated to Juvenile CHIS.
The welfare of the CHIS is taken very seriously in any deployment and the code of practice provides clear guidance on this issue saying at paragraph 6.13:
“Any public authority deploying a CHIS should take into account the safety and welfare of that CHIS when carrying out actions in relation to an authorisation or tasking, and the foreseeable consequences to others of that tasking. Before authorising the use or conduct of a CHIS, the authorising officer should ensure that a risk assessment is carried out to determine the risk to the CHIS of any tasking and the likely consequences should the role of the CHIS become known. This should consider the risks relating to the specific tasking and circumstances of each authorisation separately, and should be updated to reflect developments during the course of the deployment, as well as after the deployment if contact is maintained. The ongoing security and welfare of the CHIS, after the cancellation of the authorisation, should also be considered at the outset and reviewed throughout the period of authorised activity by that CHIS.”
Welfare is even more important in cases involving young persons and the legislation requires that any decision to authorise the use of a juvenile as a CHIS must be accompanied by an enhanced risk assessment that takes into account the physical and psychological welfare of the young person.
Additionally, in 2015 the National Police Chiefs Council endorsed and published the National Strategy for the Policing of Children and Young people. This strategy says “It is crucial that in all encounters with the police those below the age of 18 should be treated as children first. All officers must have regard to their safety, welfare and well-being as required under S10 and S11 of the Children Act 2004 and the United Nations Convention on the Rights of the Child.”
Since 2000 the police and other public authorities have been applying those safeguards on the rare occasions where juveniles have been deployed as CHIS. Their use has been subject to the oversight of the Surveillance Commissioner and more recently the Investigatory Powers Commissioner. The Commissioner, like his predecessors, provides the guarantee of impartial and independent scrutiny of the use of these tactics. In relation to Juvenile CHIS there is enhanced oversight with the former Chief Surveillance Commissioner, Lord Judge, making clear during a debate on this issue in Parliament on 18 July 2018 that “...in relation to any CHIS activity involving juveniles, the inspectors pay particular attention to see that the issues of welfare and so on have been properly addressed”.
The Investigatory Powers Commissioner, and previously the Surveillance Commissioner, is responsible for deciding what statistics to collect and publish. Statistics on the number of juvenile CHIS authorisations or the outcomes of cases in which they are used are not collected centrally or published but we know, from discussions with investigators, that juvenile CHIS are authorised in very small numbers as young people will not normally be deployed in this role unless there is no other way to achieve the same result. Going forward, Lord Justice Fulford will collect statistics on the number of juvenile CHIS in place and will consider how this information and his oversight in this area can appropriately be included in his annual reports in the future.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many applications for authorisation for children under the age of 18 to act as covert human intelligence sources were rejected in each year since 2010, broken down by police force.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Regulation of Investigatory Powers Act 2000 (RIPA) is the legislation which governs the use of covert human intelligence sources (‘CHIS’). RIPA provides that restrictions on certain groups of CHIS can be imposed in secondary legislation. In 2000 the then Government put in place the Regulation of Investigatory Powers (Juveniles) Order 2000 which established an enhanced set of safeguards in relation to the use of juveniles as CHIS.
While investigators may wish to avoid the use of young people as CHIS, we must recognise that some juveniles are involved in serious crimes, as perpetrators and victims. Consequently, young persons may have unique access to information that is important in preventing and prosecuting gang violence and terrorism. This includes the troubling ‘county lines’ phenomenon which, along with the associated violence, drug dealing and exploitation, has a devastating impact on young people, vulnerable adults and local communities.
Those operating these powers have access to extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. This includes the codes of practice and internal guidance. By way of example the CHIS guidelines issued by the National Police Chiefs Council runs to some 380 pages, which includes a chapter dedicated to Juvenile CHIS.
The welfare of the CHIS is taken very seriously in any deployment and the code of practice provides clear guidance on this issue saying at paragraph 6.13:
“Any public authority deploying a CHIS should take into account the safety and welfare of that CHIS when carrying out actions in relation to an authorisation or tasking, and the foreseeable consequences to others of that tasking. Before authorising the use or conduct of a CHIS, the authorising officer should ensure that a risk assessment is carried out to determine the risk to the CHIS of any tasking and the likely consequences should the role of the CHIS become known. This should consider the risks relating to the specific tasking and circumstances of each authorisation separately, and should be updated to reflect developments during the course of the deployment, as well as after the deployment if contact is maintained. The ongoing security and welfare of the CHIS, after the cancellation of the authorisation, should also be considered at the outset and reviewed throughout the period of authorised activity by that CHIS.”
Welfare is even more important in cases involving young persons and the legislation requires that any decision to authorise the use of a juvenile as a CHIS must be accompanied by an enhanced risk assessment that takes into account the physical and psychological welfare of the young person.
Additionally, in 2015 the National Police Chiefs Council endorsed and published the National Strategy for the Policing of Children and Young people. This strategy says “It is crucial that in all encounters with the police those below the age of 18 should be treated as children first. All officers must have regard to their safety, welfare and well-being as required under S10 and S11 of the Children Act 2004 and the United Nations Convention on the Rights of the Child.”
Since 2000 the police and other public authorities have been applying those safeguards on the rare occasions where juveniles have been deployed as CHIS. Their use has been subject to the oversight of the Surveillance Commissioner and more recently the Investigatory Powers Commissioner. The Commissioner, like his predecessors, provides the guarantee of impartial and independent scrutiny of the use of these tactics. In relation to Juvenile CHIS there is enhanced oversight with the former Chief Surveillance Commissioner, Lord Judge, making clear during a debate on this issue in Parliament on 18 July 2018 that “...in relation to any CHIS activity involving juveniles, the inspectors pay particular attention to see that the issues of welfare and so on have been properly addressed”.
The Investigatory Powers Commissioner, and previously the Surveillance Commissioner, is responsible for deciding what statistics to collect and publish. Statistics on the number of juvenile CHIS authorisations or the outcomes of cases in which they are used are not collected centrally or published but we know, from discussions with investigators, that juvenile CHIS are authorised in very small numbers as young people will not normally be deployed in this role unless there is no other way to achieve the same result. Going forward, Lord Justice Fulford will collect statistics on the number of juvenile CHIS in place and will consider how this information and his oversight in this area can appropriately be included in his annual reports in the future.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many successful convictions in the last five years have been based on the evidence of children under the age of 18 acting as covert human intelligence sources.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Regulation of Investigatory Powers Act 2000 (RIPA) is the legislation which governs the use of covert human intelligence sources (‘CHIS’). RIPA provides that restrictions on certain groups of CHIS can be imposed in secondary legislation. In 2000 the then Government put in place the Regulation of Investigatory Powers (Juveniles) Order 2000 which established an enhanced set of safeguards in relation to the use of juveniles as CHIS.
While investigators may wish to avoid the use of young people as CHIS, we must recognise that some juveniles are involved in serious crimes, as perpetrators and victims. Consequently, young persons may have unique access to information that is important in preventing and prosecuting gang violence and terrorism. This includes the troubling ‘county lines’ phenomenon which, along with the associated violence, drug dealing and exploitation, has a devastating impact on young people, vulnerable adults and local communities.
Those operating these powers have access to extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. This includes the codes of practice and internal guidance. By way of example the CHIS guidelines issued by the National Police Chiefs Council runs to some 380 pages, which includes a chapter dedicated to Juvenile CHIS.
The welfare of the CHIS is taken very seriously in any deployment and the code of practice provides clear guidance on this issue saying at paragraph 6.13:
“Any public authority deploying a CHIS should take into account the safety and welfare of that CHIS when carrying out actions in relation to an authorisation or tasking, and the foreseeable consequences to others of that tasking. Before authorising the use or conduct of a CHIS, the authorising officer should ensure that a risk assessment is carried out to determine the risk to the CHIS of any tasking and the likely consequences should the role of the CHIS become known. This should consider the risks relating to the specific tasking and circumstances of each authorisation separately, and should be updated to reflect developments during the course of the deployment, as well as after the deployment if contact is maintained. The ongoing security and welfare of the CHIS, after the cancellation of the authorisation, should also be considered at the outset and reviewed throughout the period of authorised activity by that CHIS.”
Welfare is even more important in cases involving young persons and the legislation requires that any decision to authorise the use of a juvenile as a CHIS must be accompanied by an enhanced risk assessment that takes into account the physical and psychological welfare of the young person.
Additionally, in 2015 the National Police Chiefs Council endorsed and published the National Strategy for the Policing of Children and Young people. This strategy says “It is crucial that in all encounters with the police those below the age of 18 should be treated as children first. All officers must have regard to their safety, welfare and well-being as required under S10 and S11 of the Children Act 2004 and the United Nations Convention on the Rights of the Child.”
Since 2000 the police and other public authorities have been applying those safeguards on the rare occasions where juveniles have been deployed as CHIS. Their use has been subject to the oversight of the Surveillance Commissioner and more recently the Investigatory Powers Commissioner. The Commissioner, like his predecessors, provides the guarantee of impartial and independent scrutiny of the use of these tactics. In relation to Juvenile CHIS there is enhanced oversight with the former Chief Surveillance Commissioner, Lord Judge, making clear during a debate on this issue in Parliament on 18 July 2018 that “...in relation to any CHIS activity involving juveniles, the inspectors pay particular attention to see that the issues of welfare and so on have been properly addressed”.
The Investigatory Powers Commissioner, and previously the Surveillance Commissioner, is responsible for deciding what statistics to collect and publish. Statistics on the number of juvenile CHIS authorisations or the outcomes of cases in which they are used are not collected centrally or published but we know, from discussions with investigators, that juvenile CHIS are authorised in very small numbers as young people will not normally be deployed in this role unless there is no other way to achieve the same result. Going forward, Lord Justice Fulford will collect statistics on the number of juvenile CHIS in place and will consider how this information and his oversight in this area can appropriately be included in his annual reports in the future.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many children under the age of 18 are used as covert human intelligence sources (CHIS) in England and Wales, broken down by police force; and what was the total number of children used as CHIS in year since 2010.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Regulation of Investigatory Powers Act 2000 (RIPA) is the legislation which governs the use of covert human intelligence sources (‘CHIS’). RIPA provides that restrictions on certain groups of CHIS can be imposed in secondary legislation. In 2000 the then Government put in place the Regulation of Investigatory Powers (Juveniles) Order 2000 which established an enhanced set of safeguards in relation to the use of juveniles as CHIS.
While investigators may wish to avoid the use of young people as CHIS, we must recognise that some juveniles are involved in serious crimes, as perpetrators and victims. Consequently, young persons may have unique access to information that is important in preventing and prosecuting gang violence and terrorism. This includes the troubling ‘county lines’ phenomenon which, along with the associated violence, drug dealing and exploitation, has a devastating impact on young people, vulnerable adults and local communities.
Those operating these powers have access to extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. This includes the codes of practice and internal guidance. By way of example the CHIS guidelines issued by the National Police Chiefs Council runs to some 380 pages, which includes a chapter dedicated to Juvenile CHIS.
The welfare of the CHIS is taken very seriously in any deployment and the code of practice provides clear guidance on this issue saying at paragraph 6.13:
“Any public authority deploying a CHIS should take into account the safety and welfare of that CHIS when carrying out actions in relation to an authorisation or tasking, and the foreseeable consequences to others of that tasking. Before authorising the use or conduct of a CHIS, the authorising officer should ensure that a risk assessment is carried out to determine the risk to the CHIS of any tasking and the likely consequences should the role of the CHIS become known. This should consider the risks relating to the specific tasking and circumstances of each authorisation separately, and should be updated to reflect developments during the course of the deployment, as well as after the deployment if contact is maintained. The ongoing security and welfare of the CHIS, after the cancellation of the authorisation, should also be considered at the outset and reviewed throughout the period of authorised activity by that CHIS.”
Welfare is even more important in cases involving young persons and the legislation requires that any decision to authorise the use of a juvenile as a CHIS must be accompanied by an enhanced risk assessment that takes into account the physical and psychological welfare of the young person.
Additionally, in 2015 the National Police Chiefs Council endorsed and published the National Strategy for the Policing of Children and Young people. This strategy says “It is crucial that in all encounters with the police those below the age of 18 should be treated as children first. All officers must have regard to their safety, welfare and well-being as required under S10 and S11 of the Children Act 2004 and the United Nations Convention on the Rights of the Child.”
Since 2000 the police and other public authorities have been applying those safeguards on the rare occasions where juveniles have been deployed as CHIS. Their use has been subject to the oversight of the Surveillance Commissioner and more recently the Investigatory Powers Commissioner. The Commissioner, like his predecessors, provides the guarantee of impartial and independent scrutiny of the use of these tactics. In relation to Juvenile CHIS there is enhanced oversight with the former Chief Surveillance Commissioner, Lord Judge, making clear during a debate on this issue in Parliament on 18 July 2018 that “...in relation to any CHIS activity involving juveniles, the inspectors pay particular attention to see that the issues of welfare and so on have been properly addressed”.
The Investigatory Powers Commissioner, and previously the Surveillance Commissioner, is responsible for deciding what statistics to collect and publish. Statistics on the number of juvenile CHIS authorisations or the outcomes of cases in which they are used are not collected centrally or published but we know, from discussions with investigators, that juvenile CHIS are authorised in very small numbers as young people will not normally be deployed in this role unless there is no other way to achieve the same result. Going forward, Lord Justice Fulford will collect statistics on the number of juvenile CHIS in place and will consider how this information and his oversight in this area can appropriately be included in his annual reports in the future.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what action they are taking to tackle the problem of "cuckooing".
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Drug dealers taking over the properties of vulnerable adults to use as a base for dealing drugs, or ‘cuckooing’, is a known feature of ‘county lines’ model of drug dealing. Tackling county lines is a priority for this Government and our recently published Serious Violence Strategy sets out the wide range of action to tackle this issue, including raising awareness in key sectors of county lines and the associated exploitation which can include ‘cuckooing’.
In July 2017, we published guidance for professionals to enable them to spot the signs of exploitation and respond appropriately. In addition, we have disseminated information and advice about the issue through a variety of channels including targeted workshops for the housing sector. The next phase of the ongoing nationwide county lines awareness-raising work will be focused on the housing sector, and will include targeted messages through sector bulletins and newsletters as well as specially designed posters and leaflets.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the number of children "going country" to deliver drugs.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The National Crime Agency’s 2017 threat assessment of county lines set out the most up to date anaylsis of the threat posed by county lines and the number of ‘deal lines’ and children being exploited through this form of drug dealing.
The report is clear that further work is needed to determine the true nature and scale of children and vulnerable adults being exploited through county lines, although it is estimated to be in the thousands. A more detailed intelligence picture will be generated as part of the work of the new National County Lines Co-ordination Centre that was announced in the Serious Violence Strategy and which is expected to be fully operational later this year.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what action they are taking to help young people exit gangs.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Serious Violence Strategy sets out a range of initiatives including the Ending Gang Violence and Exploitation (EGVE) programme to support young people to exit gang lifestyles. This includes working with Department for Digital, Culture, Media and Sport on a range of initiatives including sports and arts programmes, and work with the Department for Work and Pensions to continue to support work coaches for gang affected young people.
Through our EGVE Fund we support local initiatives. Last year we supported 16 projects including gang and county lines awareness training for young people, practitioners and foster carers; community sports and arts provisions; mentoring programmes; and young people’s safeguarding workshops.
We have also provided funding for Redthread to expand their youth violence intervention scheme outside of London. This initiative involves youth workers being embedded in Accident and Emergency departments to talk to young victims of violence at the critical ‘teachable’ moment. They offer intervention support to all assault victims aged from 13 to 20 to prevent them from joining a gang or to help established gang members reassess their life choices. In addition, we are funding Young People’s Advocates in London, Manchester and Birmingham to enable direct support to young women and girls who have been victims, or are at risk of, sexual violence by gangs, including those involved in county lines.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government for what type of offences football-related arrests were made in each year from 2010–11 to the last year for which records are available.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office publishes information on football-related arrests and banning orders in the ‘Football-related arrests and banning order statistics, England and Wales, 2016 to 2017 season’ publication and is available from the Home Office webpage on GOV.UK at: https://www.gov.uk/government/statistics/football-related-arrests-and-banning-orders-england-and-wales-season-2016-to-2017. Providing the complete information requested would exceed the word limit for response to a Parliamentary Question.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many football-related arrests there were in each year from 2010–11 to the last year for which records are available, for (1) each competition, and (2) each club.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office publishes information on football-related arrests and banning orders in the ‘Football-related arrests and banning order statistics, England and Wales, 2016 to 2017 season’ publication and is available from the Home Office webpage on GOV.UK at: https://www.gov.uk/government/statistics/football-related-arrests-and-banning-orders-england-and-wales-season-2016-to-2017. Providing the complete information requested would exceed the word limit for response to a Parliamentary Question.