Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Bryan of Partick Excerpts

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

[Baroness Bryan of Partick (Lab) [V]]

My Lords, in the short time available I will concentrate on Clause 2, which details the authorities able to authorise criminal conduct. The list of bodies included will probably surprise many people, as the justification for the Bill is usually given in terms of serious organised crime and terrorism, and the reason given for why there is no prior authorisation is the imminent danger and urgency of the potential crime. As we have heard, however, the Bill will apply to many bodies. I shall refer to just two of those agencies—the Food Standards Agency and the Environment Agency—and ask whether they need the power to authorise CHIS activity without prior judicial approval and why they need the level of immunity for their actions granted in the Bill.

The Food Crime Strategic Assessment 2020 states:

“There is minimal evidence of any significant involvement of more broadly active Organised Crime Groups … being involved in food crime taking place in the UK”.


The agency’s Manual for Official Controls on enforcement states that authorised officers,

“must not try to get someone to act as an informer or obtain information in an undercover way”.

It therefore seems that the FSA does not want or need these powers.

The Environment Agency says that it would authorise the use of the powers in the Bill only,

“when it is absolutely necessary, proportionate and with great care and scrutiny”.

That surely would give time for judicial approval. However, what the waste disposal industry in general wants is for the agency’s current powers to be used effectively. A lawyer in the field said that the Environment Agency already has the legislative arsenal to hit these criminals, it just needs to use them.

Can the Minister justify why the agencies should be able to grant immunity to members of the public to act illegally without any judicial oversight, but merely on the subjective assertion that they believe it to be necessary? Can she give an example of when a CHIS has been prosecuted after being authorised by one of these agencies? My understanding is that the current test of public interest has protected such activity. So why do they need specific immunity?

Secondly, will the Minister clarify whether members of the public who are damaged during the course of activities covered by immunity will be entitled to compensation? There is genuine concern that immunity will prevent citizens from holding these agencies to account, not because they are fighting terrorism or serious organised crime, but because they have unnecessarily been included in the Bill.

When civil liberties are put in jeopardy there must be a very clear case for it. Many other speakers have expressed their doubts that the Bill can be accepted as its stands. Certainly, the inclusion of the long list of agencies is an additional cause for concern which must be addressed in Committee.