Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Lord Beamish and Apsana Begum

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

Madam Deputy Speaker, thank you for calling me to speak in this important debate. Like many others, I am astounded at the gravity and significance of this Bill. The Government have said that the Bill seeks to place existing practice on a clear and consistent statutory footing and reflect existing practice, but of course many have criticisms of existing practice, and the case law shows that the legalities in this area have not yet been fully considered. This Bill goes way, way beyond the status quo, and it comes just over a week after the Overseas Operations (Service Personnel and Veterans) Bill, which could result in torture and other serious crimes being protected from prosecution.

Barely a week passes without this Government announcing yet another departure from recognised rules of domestic and international law. Just before the summer, the Counter-Terrorism and Sentencing Bill passed through Parliament, delaying the long-awaited review of Prevent, which fosters discrimination against Muslims, and introducing significant curtailments of civil liberties, which will disadvantage ethnic minorities. Last week, we debated the Coronavirus Act 2020, about which human rights and anti-racist campaigners have raised concerns that powers are being used in discriminatory ways, particularly against black, Asian and minority ethnic people.

The trajectory is chillingly clear. As Unite the union says, there is much to be concerned about in this Bill in respect of the impact on freedom and justice in the UK. The Joint Committee on Human Rights has expressed concern about the human rights implications of the Bill. Is it not the case that the Human Rights Act cannot be seen as a safeguard against the authorisation of agent criminality because the Government have previously taken the position that the HRA does not apply to crimes committed by their covert agents? Is it not the case that because an individual cannot currently be prosecuted under the HRA or the European convention on human rights, an agency or Government can only be sued after the event for damages, meaning that there would not be any protection for victims nor any disincentive for agents under this Bill? Is it not the case that covert agents would not only be committing crimes, but be inciting crimes to build their cover and undermine the moral authority of protest movements?

[Mr Kevan Jones]

I am sorry, but the hon. Lady obviously does not know the way in which covert agents are working. They are under strict protocols now; there is no legislation covering this issue. Although I accept the need for some more protections in the Bill, it gives authorisation in legal statute, which is not there at the moment.

[Apsana Begum]

I take the point, but I believe that under the HRA a prosecution cannot currently be brought, so that is not a safeguard that is actually in statute. [Interruption.] I will make some progress.

Is it not the case that covert agents would not just be committing crimes, but be inciting crimes to build their cover and undermine the moral authority of protest movements? It is, I suppose, why organisations such as Privacy International, Reprieve and others argue that the Government cannot convincingly claim that the HRA will provide a sufficient safeguard. Perhaps the Minister will say more about that today.

Let me come to what is for many the crux of the Bill. There is a grave and real danger that it could end up providing informers and agents with a licence to kill. Put simply, it is deeply alarming that the proposed law does not explicitly prohibit MI5 and other agencies from authorising crimes such as a torture and killing. This is not an abstract or philosophical question. We have seen the consequences of undercover agents in paramilitary organisations operating with what some believe to be apparent impunity while committing grave human rights abuses, including murder. Independent inquiries have found that, at times, when intelligence units of the security forces were running informants they were acting as though the law did not apply to them. This legislation also cuts across a case that is going through the courts—the third direction case—and does not give Parliament the chance to hear the higher Court’s views about the state of the law.

We have heard much rhetoric today about safety and security. Are there safeguards for potential victims of crime, for our trade unions and for people expressing their hard-won right to protest? Are there protections for ethnic minorities—Muslims, in particular—who we know are disproportionately at risk of state violence?