Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Bell Ribeiro-Addy and James Brokenshire

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[James Brokenshire]

The hon. Gentleman makes an interesting point. Some may argue that the inclusion of those words was not of itself necessary, because those agencies are already bound by that requirement. We take the judgment, because of the very relevant points that have been made during the course of the debate, that being clear on the face of the Bill in that regard is helpful. It is reassuring. It creates the context as to how this regime is intended to operate, and that is why it is included in the way that it is.

[Bell Ribeiro-Addy (Streatham) (Lab)]

Will the Minister give way?

[James Brokenshire]

If the hon. Lady will allow me, I will make some further progress, but I will allow her to intervene on me later.

In order to build the credibility and trust of those under investigations, there are occasions where, in carefully managed circumstances and subject to robust independent safeguards, CHIS may need to participate in criminality themselves. This is an inescapable and essential feature of CHIS use and has always been fundamental to this work. Although I am unable to go into the detail about the specific criminality that a CHIS may participate in, for reasons I will come to, limited examples have been discussed in the public domain. For example, a CHIS may be required to join the organisation that they are seeking to disrupt. This membership alone will sometimes be criminal but will be deemed necessary and proportionate to prevent more serious criminality from taking place. Again, without going into the specifics, the use of that tactic enabled the police and MI5 to disrupt a planned terrorist attack on No. 10 and the then Prime Minister in 2017. The necessity of CHIS participation in criminal conduct has been accepted in the UK and around the world for many years. In December 2019, the Investigatory Powers Tribunal found that MI5 has a lawful basis for this activity and recognised that CHIS participation formed an essential part of MI5’s core activities. I want to reassure the House that this Bill does not confer the power to carry out a new activity, but enables CHIS to continue to deploy the methods that they already use. Notwithstanding those powers, this Bill puts that existing practice onto a clearer statutory footing, putting the matter beyond doubt as to Parliament’s intentions. The Bill provides certainty for CHIS and their handlers and will augment our ability to recruit and retain in the future in this regard. It is important to stress that the Bill does not change the position of CHIS who have previously been properly authorised to participate in criminal activity. It has no retrospective effect.

--- Later in debate ---

[James Brokenshire]

I will come on to that issue—this is why, although I wanted to give way to many Members, I wanted at the same time to make progress with my speech. I will not go into the limits of what can and cannot be done because of this issue of what is known as CHIS testing—providing a list against which sources can be tested, which has practical implications to it. What I can say to my hon. Friend is that I will come on to the import of the Human Rights Act in just a second, if he will be patient.

[Bell Ribeiro-Addy]

rose—

[James Brokenshire]

I will give way to the hon. Lady, who has been very patient.

[Bell Ribeiro-Addy]

The Minister has talked about practices that are already permitted, but does he appreciate that there are many, many questions about those practices? That is why there has been the Pitchford inquiry, which has now dragged on for so long that it is about to be called something else. Are the Government not the slightest bit concerned about laying down such a piece of legislation before the inquiry has reported, given the history of agents provocateurs undermining progressive movements such as our trade unions and deceiving women in intimate relationships? All of these things have been carried out before, and people have major concerns about that. Will the Government explain why they have no concerns whatsoever about laying down a piece of legislation without having looked at what that inquiry finds?