Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Judd Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 24th November 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank the noble Lord, Lord Paddick, and the others who have tabled amendments in this group. I pay huge respect to him for his experience in this field. In the words of the noble Lord opposite, the noble Lord, Lord Paddick, stands out as one of the few who have personal experience of this. One listens with great respect to him when he shares his views with the House on occasions such as this.

All three amendments in this group seek to achieve the same thing: to enable those who have been victims of the crimes authorised under the Bill to seek civil redress. I congratulate my noble and learned friend Lord Stewart of Dirleton, the Minister, on his sterling debut performance and his manner in approaching the Bill. I think we are all extremely grateful to him. I listened carefully to the words he used in summing up on the previous group of amendments. Following on from the third direction case, I heard him refer to placing responsibilities on a statutory basis and I think he has the support of all the House in this. That is the whole purpose of the Bill and I lend him my personal support in that regard.

I also heard my noble and learned friend say, and I hope I heard correctly, that civil redress is not excluded. In regard to this small group of amendments, is it the case that civil redress is not excluded? Are there any limitations, either under the Bill or the current law as he understands it, on civil redress being so required? If that is the case, I am sure he will be able to tell us that these amendments, albeit well-intentioned, may not be needed. Personally, I would obviously welcome civil redress in that regard and these amendments are very helpful in enabling us to probe him on that.

[Lord Judd (Lab) [V]]

My Lords, we are indeed fortunate to have working for us, in both Houses, the Joint Committee on Human Rights. I find its reports invariably well argued and well researched. The arguments and logic of those reports are not to be easily dismissed. We have been fortunate this afternoon to hear the noble Baroness, Lady Massey, and my noble friend Lord Dubs putting their experience on the committee at our disposal. They have argued the case very well.

It is unthinkable that innocent members of the public who are adversely, and perhaps grievously, affected by covert action have no clear means of recourse. That needs to be clarified and written into the Bill. It is also important that those involved in all such covert action, which must be authorised by people with judicial authority and experience—the will of the House has come across clearly in all the debate—have limits on what can and cannot be done, and who is to be held responsible and in what way. These amendments help to clarify that situation. In that sense, they should be taken extremely seriously. I am grateful to have heard the experience of those who have worked on this so thoroughly in the Joint Committee on Human Rights being shared with us this afternoon.

[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

The noble Baroness, Lady Jones of Moulsecoomb, has withdrawn so I call the noble Lord, Lord Anderson of Ipswich.