(3 years, 1 month ago)
Lords ChamberMy Lords, it might be helpful to the Committee if I clarify what may be a slight confusion. The group was led by Amendment 72 but noble Lords will recall that Amendment 72 was agreed to in its place. The question that the Committee now has before is that Clause 17, as amended, stand part of the Bill.
(3 years, 11 months ago)
Lords ChamberI have received a request to speak after the Minister, and hand signals suggest it may be the noble Lord, Lord Paddick.
I thank the Minister for her explanation. I am not sure I explained myself well enough to her in terms of who is covered by legal immunity. It is not if the CHIS goes beyond the CCA, but if the CHIS remains within the CCA. So, if the CHIS operates exactly in the way the handler has told them to, and the handler tells them only what the authorising officer has authorised them to, but it is not necessary or proportionate, it is corrupt or a mistake, who is covered by the CCA? Who is covered by the immunity, even though the CHIS has not gone beyond what they were asked to do?
My Lords, the noble Baroness, Lady Warsi, is not participating in this debate, so I call the next speaker, who is the noble Lord, Lord Paddick.
My Lords, I too signed the amendment, which the noble Baroness, Lady Chakrabarti, has very adequately introduced. When I think back to my experience in the Metropolitan Police Service and the instructions that we had, acting as an agent provocateur was clearly and explicitly prohibited as that relates to covert human intelligence sources committing crime. However, unless I have missed it, I cannot find in the Bill or in the draft code of practice any explicit reference to “agent provocateur”.
To repeat what the noble Baroness said in different terms, an agent provocateur is someone who commits a crime or encourages others to commit a crime that would not have been committed had it not been for the actions of the CHIS, or it relates to a situation in which the CHIS commits a crime and then blames the organisation for that crime, which members of the organisation had no intention of committing. In other words, the crime would never have taken place had it not been for the presence of the CHIS.
I look forward to hearing from the Minister where I have missed that explicit instruction, either in the Bill or in the codes of practice. I stress to her that, although I understand that this scenario could not happen under existing guidelines in the police service, we in this House want reassurance either in the Bill or in the codes of practice that it is prohibited.
(4 years, 2 months ago)
Lords ChamberMy Lords, I have received requests to speak after the Minister from the noble Lord, Lord Paddick, the noble Baroness, Lady Lister of Burtersett, and the right reverend Prelate the Bishop of Durham.
My Lords, the Minister talks about the existing 12-month wait before someone can apply to work—and then only in shortage occupations—as being to protect the resident workforce. Yet a House of Commons Library document published in January this year shows 100,000 vacancies in the social care sector, and rising. Can the Minister justify his statement that it is necessary in order to protect the resident workforce?
The Minister also said it was very unlikely that there would be refugees from an EU country. Is he not aware of the situation in Poland, where they are declaring LGBT-free zones in cities and provinces, with the Government ramping-up hate speech against LGBT people and the Law and Justice party leader saying that LGBT people are a
“threat to Polish identity, to our nation, to its existence and thus to the Polish state”?
Finally, the Minister talked about the pull factor of allowing refugees to work. A number of noble Lords said that there was no evidence of a pull factor. Indeed, the Minister was asked to provide evidence if he was going to deploy that argument. Perhaps he can comply with that request and provide the evidence to support his assertion.