Undercover Policing

Baroness Smith of Basildon Excerpts

Thursday 26th March 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the Minister for repeating that Answer. He will be aware that this is not the first time that we have debated these issues in your Lordships’ House. He may recall the debates about the women who had children in what they believed were genuine, long-term stable relationships, yet had been conned by undercover officers who cast them off at the same time as they cast off their assumed identity. We also recall that my noble friend Lady Lawrence and her family were spied on with no justification whatever.

Today’s allegations are equally shocking, and quite chilling. People have been investigated not for any wrongdoing or alleged crimes but for their political beliefs. I recall taking part in a very peaceful protest. If I tell noble Lords that it was on Boxing Day, they might guess the reason why I was there: it was a protest against the local hunt. I felt a sense of injustice in being followed and filmed with a police camera in my face while those who were abusing and threatening me were just ignored. Clearly, changes must be made.

I welcome the commitment that the Minister has just made regarding Lord Justice Pitchford’s inquiry, which, as I understand what he said, will be wide. Although the terms of reference have not yet been set, it is intended to include the allegations that have been made in the press today. Getting to the bottom of that will be very welcome, and I thank him for that commitment.

I agree about the importance of undercover policing. We all recognise that it is an essential evidence-gathering tool for some of the most serious crimes, and I pay tribute to those officers who, behaving completely appropriately, put themselves in very dangerous situations to protect others from serious and harmful crime. However, it is clear that new safeguards are needed.

The Minister may recall that we proposed, during the passage of a Home Office Bill in this Session of Parliament, that there should be independent pre-authorisation of undercover work, perhaps by the Office of Surveillance Commissioners. Here I am thinking about long-term covert operations; short-term for a couple of hours is a different matter, but for long-term covert operations there has to be some kind of independent prior authorisation. The Government previously rejected that but, in the light of their response on the Lord Justice Pitchford’s inquiry, I hope this is something that they will reconsider

[Lord Bates]

I thank the noble Baroness for her welcome. I totally agree with her in paying tribute to the work of undercover police officers, who by and large do an incredibly important job in keeping us safe from terrorist threats and from serious and organised crime. It is a vital tool in policing, giving us an opportunity to bring forward evidence that can be used in court to ensure that prosecutions are made.

The noble Baroness rightly referred back to some of the cases that we have had in the past of inappropriate relationships during undercover policing. That was of course one of the reasons why the National College of Policing introduced a code of ethics that all undercover police officers must abide by. It is important that the review looks at this. Historically, there have been failings. There have been a number of investigations by the police themselves into a whole series of allegations, but we recognise that there have been failings and that is the reason why we need to go further.

On the specifics about the Office of Surveillance Commissioners, it is a fair point. Sir Christopher Rose is widely respected, and that is something that we could look at. At the moment, deployments lasting longer than 12 months must get prior approval from the Surveillance Commissioner and be authorised by a chief constable or equivalent.