Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Russell of Liverpool Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 11th November 2020 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I declare my interest as a governor of Coram, part of which includes the Coram Children’s Legal Centre. When I saw that there were going to be three maiden speeches today, my thoughts wandered to whether there is a collective noun for maidens, and the answer is yes: it is a rage of maidens. I am glad to say that we saw none of that today. I think that everyone is saving it for the United Kingdom Internal Market Bill.

My remarks will concentrate on the use of children and vulnerable juveniles under the age of 18 as CHIS—a subject that many other noble Lords have referred to. Understandably, this is a highly sensitive area. I suspect the Government may say that since the number of children and young people used for this purpose is extremely small, since existing safeguards are being reinforced in this Bill and in the revised code of practice, which is going through a consultation process, and since the level of criminal activity in areas such as child sexual exploitation and county lines drug activities continues to rise, the use of juvenile CHIS must be a necessary evil and is, in fact, a public duty. However, if one follows that line of argument, one can see that the temptation for legal authorities to expand their use would be quite strong.

As I considered what I was going to say today, I was struck by an uncomfortable parallel as I thought of the faded black-and-white photographs and flickering cine film of German boys in 1945 being pressed into military service as a hopeless last attempt to resist the allied forces. The use of juvenile CHIS could be seen as evidence of the failure of our state to prevent the criminal activities into which they have been drawn. The evidence strongly suggests that those individuals who are candidates to be juvenile CHIS are often vulnerable, traumatised and acclimatised to a world in which their own freedom of choice and inability to tell right from wrong leave them open to influencing and manipulation. If we reluctantly accept that using a small number of these children in this way is a necessary evil, what can we do to put in the most comprehensive safeguards possible?

First, we are dealing, and will continue to deal, with a very small number of cases. This would make treating them in a particularly comprehensive way much more achievable than with a larger number. Secondly, please could the Government consider very seriously the eminently sensible suggestion of the noble and learned lord, Lord Judge—who, unfortunately, is not able to speak today—for a dual-lock approach such that in addition to the assistant chief constable who must currently authorise a deployment, we add a judicial commissioner with specialist knowledge and training who must also always be involved? Thirdly, could we in addition mandate a procedure such that, at the end of each deployment, the assistant chief constable and judicial commissioner undertake a comprehensive audit to assess the history of the deployment, its outcomes in all areas with a particular focus on the juvenile involved, and an assessment of any and all the lessons learned?

The Minister will be aware that she may be faced with a range of amendments in Committee dealing with child and juvenile CHIS deployments. With her usual courtesy and patience, I know she will be open to working with your Lordships to try to see how we can authorise such deployments with forensic care and an overriding focus on the best interests of the child.