Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Kennedy of Shaws Excerpts

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

[Baroness Kennedy of The Shaws (Lab) [V]]

I join others in welcoming the noble Lord, Lord McLoughlin, and the noble and learned Lord, Lord Stewart, to this House and commend them on their maiden speeches. I want to say particularly to the noble and learned Lord, who like me is a Scot but also a criminal lawyer, that I hope he will bring his experience of human rights and civil liberties to bear on his work in this House, because we confront that regularly as criminal lawyers and know the importance of those aspects of our work.

I accept that the practice of our intelligence services and police in covert intelligence gathering has to be placed on a clear and consistent statutory footing. Covert agents may need to commit crimes in the course of what they do—I know that from my own work—but I want to reinforce what was said by my noble friend Lord Hain: the agencies involved should stop this business of spying on legitimate protest and lawful political activity, the stuff of which is so vital to a vibrant democracy. It is not the right use of our policing or of our security services.

As I said, agents may need to commit crime, but it cannot be acceptable or right to authorise the gravest of crimes—murder, torture, sexual transgression. Our security partners in the United States and Canada already place limits on the nature of the crimes that agents can commit. Canada recently passed legislation in this area which is worth looking at because it prohibits those serious offences quite clearly. It looked at what had been happening recently here in Britain with the “spy cops” case, which has been referred to a number of times. Women were lured into relationships in order to provide cover for agents joining political movements. Those women were involved in serious relationships over years and then felt abandoned, abused and ill-used because they loved the men who lived with them; one had fathered a woman’s child. This conduct has long-term, damaging effects on people and should be absolutely impermissible. The FBI in the United States learned from bitter experience that being involved in serious criminality had a cost, and it too has introduced clear guidelines.

The Government argue that there is no need for the Bill to include explicit limits on crimes, set out in any sort of list, because the Human Rights Act is a sufficient safeguard. This argument is a bit rich when Her Majesty’s Government have separately stated, in legal court arguments, and to Parliament, that they do not accept that the Human Rights Act applies to abuses committed by their agents.

The Government should not authorise grave crime. Without limits, the Bill may damage the integrity of the criminal law and suggest to the public that the state may tolerate or encourage such abuse. I am afraid that I see this as another display of the Government’s rather casual and light-touch commitment to the rule of law. We should be setting the gold standard for oversight and accountability and I hope that we do. There have to be clear limits on the permissible crimes, a right to redress for those who are abused or harmed in the course of crimes, and real-time oversight by a judicial commissioner or judge. This is serious, it matters, and I hope that the Government will listen.