Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Winterton of Doncaster Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

The Government have been making it difficult for Parliament to scrutinise this legislation properly and get the details right. However, we should not be deterred from attempting to do so, and I hope that the other place will be able to help us do so. We need strong safeguards not only in the interests of democracy and the rule of law but to better protect our national security. We know that the work these agencies do is saving lives. It has saved the lives of friends and colleagues of many of the people in this place. That is why it is so crucial, and it is because it is so crucial that it is important we get the legislation right.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I remind Members that there are a number of colleagues down to speak in the debate. There will be three Front-Bench winding-up speeches, which will have to start just before 3.20 pm, and then I suspect there will be votes. I cannot introduce a time limit, because we are in Committee, but I am sure that Members will be considerate to one another. I call Dr Julian Lewis.

[Dr Julian Lewis (New Forest East) (Ind)]

Thank you, Dame Rosie; I shall endeavour to be helpful. It is only by the good fortune, dare I say it, of there having been yet another statement on the covid crisis that many members of the Intelligence and Security Committee are able to take part in this debate at all. I have written to the Leader of the House about this, and I appeal to the Government’s business managers in future not to schedule legislation of this sort, which is directly relevant to the Intelligence and Security Committee, on the same day that it is known that the Committee has an immovable meeting. I am grateful to the right hon. Member for North Durham (Mr Jones) for being willing to leave our main meeting early, so as to be sure that new clause 3 could be covered, and I will now make some remarks about that new clause.

The Intelligence and Security Committee, as was stated on Second Reading, strongly supports the principle behind this legislation. CHIS play a vital role in identifying and disrupting terrorist plots. They save lives, often at great risk to themselves. Sometimes they must commit offences to maintain their cover, and their handlers must be able to authorise them to do so in certain circumstances and subject to specific safeguards. We welcome the Bill, which will place the state’s power to authorise that conduct on an explicit statutory footing.

However, concerns were raised on Second Reading that the Bill does not provide for sufficient safeguards and oversight measures. The ISC agrees. There is a clear role for the Investigatory Powers Commissioner, and it is absolutely right that the commissioner is able to use his judicial oversight powers to ensure that those powers are used only with due care and consideration by the agencies that authorise criminal conduct.

The Bill, as it stands, does not provide for any parliamentary scrutiny of the use of these authorisation powers, so the amendment that the ISC has tabled—new clause 3—proposes not to duplicate the role of the Investigatory Powers Commissioner in any way, but instead to require the Secretary of State to provide the Intelligence and Security Committee of Parliament with an annual report of information on the number of criminal conduct authorisations that have been authorised by the agencies that the Committee oversees as well as on the categories authorised. All we are looking for is a simple table saying that these are the categories of offences that have been authorised, those are the totals in each category and this is the grand total.

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[Dan Carden (Liverpool, Walton) (Lab)]

On a point of order, Dame Rosie. I understand that my hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) has swapped places with my right hon. Friend the Member for North Durham (Mr Jones) in the list, and they are to be on either side of my speech. I was just wondering whether there was a reason for that.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I thank the hon. Gentleman for that point of order. I understand that the right hon. Member for North Durham (Mr Jones) spoke to my predecessor in the Chair because he is speaking to his new clause, so, very unusually, given that the hon. Member for Kingston upon Hull North (Dame Diana Johnson) was happy to swap places, that seemed reasonable. There is nothing sinister about it and it has not altered where the hon. Member for Liverpool, Walton (Dan Carden) comes in the call list, but for the value of the debate, it was felt to be reasonable that the person speaking to the new clause could move forward. It does not affect when the hon. Gentleman is speaking, I can assure him.

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[Dame Diana Johnson]

I will not, because I know other Members want to speak. I need to say just two more things and then I will finish.

Amendment 12, on involving the Investigatory Powers Commissioner within seven days of any criminal conduct authorisation order, is also very welcome, as is new clause 2, on an equality impact assessment.

Finally, I want to pay tribute to the speech made by my hon. Friend the Member for Walthamstow (Stella Creasy) on children and young people. I hope very much that the Minister will address that issue in his closing comments and take up putting the guidance on the face of the Bill, as my hon. Friend suggests.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. I would like to try to get three more speakers in before 3.18 pm. I will just put that out there. As Members know, I cannot put a time limit on, but I think that would be fair.

[Gavin Robinson]

Dame Rosie, I will engage in this part of proceedings in the spirit of co-operation and collegiality, so as not to exhaust the comments others may wish to make.

It is a pleasure to follow the hon. Member for Kingston upon Hull North (Dame Diana Johnson), who I believe is now on the Intelligence and Security Committee. She is right to highlight new clause 8, tabled by the hon. Member for Walthamstow (Stella Creasy). I have to say that that is the first time appropriate consideration has been given to those issues in any of our contributions on the Bill. The Minister knows I support the general thrust of the Bill and the provisions in it. I heard him refer to the Children’s Act 2004 and some of the standards that need to be adhered to when considering children through the prism of the proposed legislation, but the hon. Lady made sincere and serious points. I hope he will reflect on them further.

In fairness, given the amount of time left in the debate and the contribution I can make, it is right that the Minister has more time to respond to the issues raised and that he does so comprehensively. I think there have been fair points made throughout the debate, even on amendments that, ultimately, I may not back. On trade unionism and blacklisting, my reading of the Bill, the guidance and the authorisation process is that there is no fear around those issues. However, there is clearly an apprehension of fear among those who have proposed amendments in that regard and I hope the Minister will deal with them comprehensively.

I have indicated my assent and support for new clause 3. I think the Minister is probably minded to accept it. I hope I am not going too far in suggesting that the Minister should accept new clause 3 from the Intelligence and Security Committee, but I ask that he does.

If I could ask anything from the Minister’s response, it would be on these two issues. First, there has been discussion and consideration around the Human Rights Act. In fairness to the hon. Member for Liverpool, Walton (Dan Carden), he did say that that only allows for retrospective accountability on the part of the state. To my mind, however, it would be wholly unlawful for anybody involved in the authorisation process to authorise something that naturally falls foul of the Human Rights Act. They could not do it. They do not have the values to allow for it. In terms of torture, torture is not permissible in any circumstances. It is against our Human Rights Act and it is against international frameworks. It cannot be allowed. That is an absolute right and I think it is clear that there should be no authorisation, and cannot be any authorisation, given on that basis.

I would like the Minister to talk about sexual crime more particularly. I still believe that that should not be, and could not be, authorised. I find that some of the amendments, because they have a total list of these issues, are unhelpfully drafted. Having each and every one of the aspects contained in an amendment—I am thinking in particular of amendment 13—means that it is unsupportable. There is a world of difference between causing loss of life or serious bodily injury and murder. It is a nuanced legal difference, but there is a world of difference between the two. There are circumstances in which, regrettably, life is lost, and there are circumstances in which it is legitimate for the state to remove life. I do not say that to be controversial; that is part of our human rights framework. That is provided for in our human rights legislation. There is a distinction between the two, and amendments that group all these issues together are unhelpful. They are individually important issues, and we should have the opportunity to engage with them individually and independently of one another. I would be grateful to hear from the Minister on those issues.

I will draw my remarks to a close, but I have to say that this process, with two hours and 20 minutes of debate for Committee stage, is wholly unsatisfactory. These issues are much too important to be left to two hours and 20 minutes of debate.