Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 11 March (HL13990), whether the inspection teams covering juveniles as covert human intelligence sources also examine how policy is set regarding (1) payments to, (2) inducement of, and (3) frequency of use of, each juvenile.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The scope and terms of any inspection is a matter for the Investigatory Powers Commissioner as an independent statutory authority, but we have consulted with IPCO who have confirmed that their inspections do address the matters to which the Noble Lady refers.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 27 February (HL13696), whether they intend to require the relevant public authorities to report any increase in the number of juvenile covert human intelligence sources (CHIS) used to combat drug crime following the extension of the authorisation period for juvenile CHIS to four months.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Investigatory Powers Act 2016 created the role of Investigatory Powers Commissioner, who has oversight of all investigatory powers, including the use, by public authorities empowered under the Regulation of Investigatory Powers Act 2000, of covert human intelligence sources. Lord Justice Fulford, the current Commissioner, remarked in his inaugural annual report that his report addresses a number of issues, including “statistics on the use of relevant investigatory powers”.
The Noble Lady is aware of his commitment to report on the matter of juvenile covert human intelligence sources in more detail this year, including providing more detailed statistics. The Commissioner has said that he will consider how best to report on the issue going forward, and his next annual report will provide further detail of how this matter is being kept under review.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what is the current age demographic of juveniles used as covert human intelligence sources; and whether they anticipate that this will change significantly as a result of the police seeking to address county lines drug gangs.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Investigatory Powers Commissioner, Sir Adrian Fulford, has responsibility for oversight of all aspects of the use of covert human intelligence sources by public authorities with the legal power to do so, including law enforcement agencies. Regular inspections of police forces are undertaken by a team of senior inspectors from the Investigatory Powers Commissioner’s Office to ensure they comply with the legislation. In the rare instances that these powers are applied to juveniles, particular scrutiny is given to ensure an appropriate risk assessment has taken place and processes are in place to ensure their safety is paramount at all times.
The Investigatory Powers Commissioner has agreed to collect additional information from all public authorities within the UK who have the statutory power to use covert human intelligence sources, to determine how often those powers are used in relation to juveniles. The Commissioner intends to write to the Chair of the Joint Committee on Human Rights shortly, with updated information on the frequency of use. The Commissioner’s next annual report will include further details of how this matter is being kept under review.
The statutory framework for the deployment of juveniles as covert human intelligence sources is designed to ensure that they are deployed with great care and only in very limited and carefully managed circumstances. This will continue to be the case in future investigations.
Where an appropriate adult is required to accompany a juvenile covert human intelligence source, that person should normally be the parent or guardian of the young person, or otherwise must be someone who is suitably qualified for the role such as a social worker or other person with appropriate professional qualifications. This person will also have a role in ensuring that the young person is not deployed in a way that is against their own will or against their interests. Those operating the powers have extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. The security and welfare of the young person is paramount, and those responsible for authorising and managing the juvenile must carry out detailed risk assessments throughout the process, which include considering the physical and psychological welfare of the young person.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government who is responsible for inspecting the police's use of juveniles as covert human intelligence sources; and whether those who are responsible inspect policy regarding (1) payments, (2) inducements, and (3) frequency of use of each juvenile, set by senior members of the police service.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Investigatory Powers Commissioner, Sir Adrian Fulford, has responsibility for oversight of all aspects of the use of covert human intelligence sources by public authorities with the legal power to do so, including law enforcement agencies. Regular inspections of police forces are undertaken by a team of senior inspectors from the Investigatory Powers Commissioner’s Office to ensure they comply with the legislation. In the rare instances that these powers are applied to juveniles, particular scrutiny is given to ensure an appropriate risk assessment has taken place and processes are in place to ensure their safety is paramount at all times.
The Investigatory Powers Commissioner has agreed to collect additional information from all public authorities within the UK who have the statutory power to use covert human intelligence sources, to determine how often those powers are used in relation to juveniles. The Commissioner intends to write to the Chair of the Joint Committee on Human Rights shortly, with updated information on the frequency of use. The Commissioner’s next annual report will include further details of how this matter is being kept under review.
The statutory framework for the deployment of juveniles as covert human intelligence sources is designed to ensure that they are deployed with great care and only in very limited and carefully managed circumstances. This will continue to be the case in future investigations.
Where an appropriate adult is required to accompany a juvenile covert human intelligence source, that person should normally be the parent or guardian of the young person, or otherwise must be someone who is suitably qualified for the role such as a social worker or other person with appropriate professional qualifications. This person will also have a role in ensuring that the young person is not deployed in a way that is against their own will or against their interests. Those operating the powers have extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. The security and welfare of the young person is paramount, and those responsible for authorising and managing the juvenile must carry out detailed risk assessments throughout the process, which include considering the physical and psychological welfare of the young person.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether social workers are always involved in any decision regarding the use of juveniles as covert human intelligence sources; and if so, whether those social workers conduct a risk assessment of the physical and psychological welfare of the young person in each case.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Investigatory Powers Commissioner, Sir Adrian Fulford, has responsibility for oversight of all aspects of the use of covert human intelligence sources by public authorities with the legal power to do so, including law enforcement agencies. Regular inspections of police forces are undertaken by a team of senior inspectors from the Investigatory Powers Commissioner’s Office to ensure they comply with the legislation. In the rare instances that these powers are applied to juveniles, particular scrutiny is given to ensure an appropriate risk assessment has taken place and processes are in place to ensure their safety is paramount at all times.
The Investigatory Powers Commissioner has agreed to collect additional information from all public authorities within the UK who have the statutory power to use covert human intelligence sources, to determine how often those powers are used in relation to juveniles. The Commissioner intends to write to the Chair of the Joint Committee on Human Rights shortly, with updated information on the frequency of use. The Commissioner’s next annual report will include further details of how this matter is being kept under review.
The statutory framework for the deployment of juveniles as covert human intelligence sources is designed to ensure that they are deployed with great care and only in very limited and carefully managed circumstances. This will continue to be the case in future investigations.
Where an appropriate adult is required to accompany a juvenile covert human intelligence source, that person should normally be the parent or guardian of the young person, or otherwise must be someone who is suitably qualified for the role such as a social worker or other person with appropriate professional qualifications. This person will also have a role in ensuring that the young person is not deployed in a way that is against their own will or against their interests. Those operating the powers have extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. The security and welfare of the young person is paramount, and those responsible for authorising and managing the juvenile must carry out detailed risk assessments throughout the process, which include considering the physical and psychological welfare of the young person.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether they still describe the use of juveniles as covert human intelligence sources (CHIS) as rare, now that the time period for such juveniles being authorised to act as CHIS has been extended to four months.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Investigatory Powers Commissioner, Sir Adrian Fulford, has responsibility for oversight of all aspects of the use of covert human intelligence sources by public authorities with the legal power to do so, including law enforcement agencies. Regular inspections of police forces are undertaken by a team of senior inspectors from the Investigatory Powers Commissioner’s Office to ensure they comply with the legislation. In the rare instances that these powers are applied to juveniles, particular scrutiny is given to ensure an appropriate risk assessment has taken place and processes are in place to ensure their safety is paramount at all times.
The Investigatory Powers Commissioner has agreed to collect additional information from all public authorities within the UK who have the statutory power to use covert human intelligence sources, to determine how often those powers are used in relation to juveniles. The Commissioner intends to write to the Chair of the Joint Committee on Human Rights shortly, with updated information on the frequency of use. The Commissioner’s next annual report will include further details of how this matter is being kept under review.
The statutory framework for the deployment of juveniles as covert human intelligence sources is designed to ensure that they are deployed with great care and only in very limited and carefully managed circumstances. This will continue to be the case in future investigations.
Where an appropriate adult is required to accompany a juvenile covert human intelligence source, that person should normally be the parent or guardian of the young person, or otherwise must be someone who is suitably qualified for the role such as a social worker or other person with appropriate professional qualifications. This person will also have a role in ensuring that the young person is not deployed in a way that is against their own will or against their interests. Those operating the powers have extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. The security and welfare of the young person is paramount, and those responsible for authorising and managing the juvenile must carry out detailed risk assessments throughout the process, which include considering the physical and psychological welfare of the young person.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether the Investigatory Powers Commissioner has established a baseline figure for the number of juveniles used as covert human intelligence sources; and whether they will publish an annual figure of the number of such sources in his next annual report.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Investigatory Powers Commissioner, Sir Adrian Fulford, has responsibility for oversight of all aspects of the use of covert human intelligence sources by public authorities with the legal power to do so, including law enforcement agencies. Regular inspections of police forces are undertaken by a team of senior inspectors from the Investigatory Powers Commissioner’s Office to ensure they comply with the legislation. In the rare instances that these powers are applied to juveniles, particular scrutiny is given to ensure an appropriate risk assessment has taken place and processes are in place to ensure their safety is paramount at all times.
The Investigatory Powers Commissioner has agreed to collect additional information from all public authorities within the UK who have the statutory power to use covert human intelligence sources, to determine how often those powers are used in relation to juveniles. The Commissioner intends to write to the Chair of the Joint Committee on Human Rights shortly, with updated information on the frequency of use. The Commissioner’s next annual report will include further details of how this matter is being kept under review.
The statutory framework for the deployment of juveniles as covert human intelligence sources is designed to ensure that they are deployed with great care and only in very limited and carefully managed circumstances. This will continue to be the case in future investigations.
Where an appropriate adult is required to accompany a juvenile covert human intelligence source, that person should normally be the parent or guardian of the young person, or otherwise must be someone who is suitably qualified for the role such as a social worker or other person with appropriate professional qualifications. This person will also have a role in ensuring that the young person is not deployed in a way that is against their own will or against their interests. Those operating the powers have extensive guidance to ensure that the powers are used appropriately and that juveniles are suitably safeguarded. The security and welfare of the young person is paramount, and those responsible for authorising and managing the juvenile must carry out detailed risk assessments throughout the process, which include considering the physical and psychological welfare of the young person.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether any police forces plan to increase the number of juvenile covert human intelligence sources to deal with county lines drugs conspiracies.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The small number of juveniles authorised as CHIS are a vital investigative tool for relevant public authorities to fulfil their statutory obligations, providing unique access to information important in preventing and prosecuting criminality such as gang violence and terrorism. The statutory framework for the deployment of juveniles as covert human intelligence sources is designed to ensure that they are deployed with great care and only in very limited and carefully managed circumstances.
The Home Office does not collect information on covert human intelligence sources in county line crimes as this is an operational matter.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government which provisions of the General Data Protection Regulations police forces rely on when processing photographs taken by the police using facial recognition technology.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The police process personal data for law enforcement purposes under Part 3 of the Data Protection Act 2018. ‘Law enforcement purposes’ is defined in the Act as processing for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties including the safeguarding against and the prevention of threats to public security.
Asked by: Baroness Jones of Moulsecoomb (Green Party - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, following the Chief Constable of Police for Derbyshire's annual terrorism and domestic extremism report for the Strategic Governance Board of November 2017, why a division of the East Midlands Counter Terrorism Unit provided significant intelligence support for the policing of anti-fracking protests; and when protests against fracking started to be classified as a terrorism- or domestic-extremism related issue.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The prioritisation of investigative resources is an operational matter for the police. They are responsible for managing demonstrations to preserve the peace, to uphold the law and to prevent the commission of offences.
Police tactics and decisions on how to achieve these objectives, and the resources required, are matters for the independent operational judgement of chief officers.