Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Massey of Darwen Excerpts

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

[Baroness Massey of Darwen (Lab) [V]]

My Lords, I apologise to the House for having to be absent for much of the debate due to a clash with a meeting of our Joint Committee on Human Rights. I regret missing the maiden speeches apart from that of the Minister, whom I congratulate on his aplomb during it.

I shall therefore be brief. I am sure that noble Lords will have covered wisely and in detail the points of contention. I want to state what the chair of the Joint Committee on Human Rights, Harriet Harman MP, said in a press release to its recent report:

“This Bill raises major human rights concerns … There should be added to the Bill clear limits on the scale and type of criminality which can be authorised. We cannot pass a law that leaves open the possibility of state-sanctioned rape, murder or torture … The power to authorise crime should be restricted to the public authorities whose role it is to combat serious crime and protect national security and not include bodies such as the Food Standards Agency or the Gambling Commission.”


I just want to emphasise a few points that concern me. First, the Joint Committee on Human Rights report points out that the authorised criminal offences have the potential to interfere with several qualified and absolute rights, including those guaranteed by the European Convention on Human Rights and the Human Rights Act 1998. Secondly, the Bill contains no specific limits on the criminal conduct that can be authorised. Thirdly, and very importantly, no distinction is made between adults and children for the purposes of CCAs within the revised CHIS code of practice. This would be a serious breach of the UN Convention on the Rights of the Child, an international treaty and therefore legally binding on ratifying countries—the UK ratified the UNCRC in 1990. My noble friend Lord Haskel and others have spoken about this intolerable situation. The rights of the child are paramount, as reflected in the UNCRC. There must be no compromise on this, and the age of a child is 18 and under, not 16 as the Government seem to think.

The Bill does not include provisions for victims of authorised criminal conduct. The Bill needs additional safeguards to ensure that there can be no authorisation for serious criminality. Many agencies, including Reprieve and Justice, and the Bar Council have suggested changes that could be introduced to the Bill. They and the Joint Committee on Human Rights have similar concerns. I therefore hope the Government will take note. I look forward to hearing the Minister.