Police: Protest Groups

Lord Mayhew of Twysden Excerpts

Wednesday 12th January 2011 Lords Chamber

[Baroness Neville-Jones]

My Lords, it is fairly clear that Nottinghamshire Police wish to have this episode investigated. They are aware that something is not quite right. We ought to await the outcome of that investigation, and indeed, if there is a wider investigation into the longer-term consequences, what HMIC will do. It is clear that there are governance issues, which ought to be looked at. The Government have already done certain things in relation to the governance of such matters. We are in favour, as is the whole House, of the right to peaceful protest and we will certainly not resile from that, but unfortunately not all protests are peaceful and in those circumstances the police need to benefit from good intelligence. Key to good policing of protests as a whole is ensuring the right to protest of those who are peaceful and limiting the activities of those who wish to do damage.

[Lord Mayhew of Twysden]

My Lords, is there a code of practice that describes the legitimate use of undercover police officers? Do not these officers, in going about their very important, difficult and often dangerous work, have to be very careful not to pressure, persuade or instigate the commission of an offence so as not to lead to their ultimate evidence being excluded by the trial judge on the grounds of unfair entrapment? If there is not a code of practice, would it not be a good idea to have one? If there is, is it being followed?

[Baroness Neville-Jones]

My noble and learned friend makes a very important point. As I mentioned, governance in this area is a very important element. I must say that the police agree. The chief constable of West Midlands himself has said that the line is not to be crossed between infiltration to gather intelligence and the agent provocateur. He is quite right.

As to the codes of practice, the legal framework is provided for by regulations contained in the Regulation of Investigatory Powers Act. There is also a code of conduct and practice, which has been published by the Home Office under the previous Government, on how covert human intelligence sources should operate. The independent Office of Surveillance Commissioners has also provided procedural and interpretational advice.