Covert Human Intelligence Sources (Criminal Conduct) Bill

Apsana Begum Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 27th January 2021 Commons Chamber

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

I speak in support of Lords amendments 1 to 6, and particularly Lords amendment 3.

I have repeatedly spoken out and voted against the Bill because I believe it to be fundamentally unjust. The Government have claimed that the Bill is

“a continuation of existing practice”

that it puts on a “statutory footing”. For many, though, the existing legislation was not fit for purpose in the first place. The Government’s approach to the Lords amendments does not go far enough to recognise the extent to which the Bill still undermines human rights.

Public inquiries into the nature and impact of the criminal actions of covert human intelligence operatives are still under way. We in this House have not had the opportunity to consider any of the findings of those inquiries, nor any that they may produce in future, but it is clear that those inquiries have come about because there are lessons to be learned from serious cases involving our operatives engaging in sexual relationships. It would therefore be helpful if the Solicitor General outlined in his closing statement whether the Government will commit to reviewing the Bill in the light of any findings produced by inquiries in the future.

It is not clear how any provisions of the Bill, even with the Lords amendments that the Government are indicating they are willing to listen to, will ensure that innocent victims can seek redress. The Solicitor General said in his speech earlier that Lords amendment 3 is unnecessary. Government Front Benchers have also said that the Human Rights Act provides sufficient safeguards, but that Act, significant as it is as a piece of legislation, contains no provision for prosecutions to be brought against individuals. For example, if an innocent victim—a woman or a child—believes that they have been exploited for the collection of intelligence, they cannot bring a covert operative or a public body in front of the courts under the Human Rights Act. For that reason, Lords amendment 3 is absolutely necessary to ensure that the door of justice is open for such victims.

So far in this debate, many Members have rightly highlighted the threats posed by terrorism, but they have failed to mention the scope of the authorities to which the Bill provides powers—not just MI5 and MI6 but authorities such as the Food Standards Agency. The Government should consider the impact of the Bill, even with all the Lords amendments, and how it goes much further beyond the very serious threat of terrorism.

There has been little, if any, mention of the communities that are likely to be most impacted by the Bill—communities that are already experiencing marginalisation in society. Among them is a community that is extremely and excessively policed and unduly spied on. They have had their homes raided and their children targeted in schools. They have unduly borne the brunt of security and counter- terrorism legislation, particularly over the past two decades —I recognise that that has been under successive Governments. That community is the Muslim community. The Government’s Prevent programme has fostered discrimination against Muslims by perpetuating Islamo- phobic stereotypes. This Bill, even with the amendments that the Government have conceded, does not address the environment of hostility that the community will be further subject to or the threats to their human rights in particular.

I conclude by saying that for as long as I am a Member of this House, I will continue to speak out about these concerns on behalf of such communities in the east London constituency that I represent. For as long as they continue to experience the erosion of their human rights, I will continue to oppose this legislation as it continues its journey in this House and the other. I will do so as a Member of this House, in proud, socialist, Labour tradition.