Covert Human Intelligence Sources (Criminal Conduct) Bill

Conor McGinn Excerpts

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

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to close the debate on behalf of the Opposition. The serious and sombre tone of the debate, which is appropriate given the measures we are discussing, was set by the Security Minister and the shadow Home Secretary. The debate has been well informed and enhanced by the contribution of former Cabinet Ministers, particularly Secretaries of State for Northern Ireland, who have a working knowledge of these matters, and also the former Attorney General and the Chairs of the Intelligence and Security Committee and Justice Committee.

As the Leader of the Opposition has made clear, security is a top priority for the Labour party under his leadership. As I have said before from this Dispatch Box, we will be forceful and robust in supporting the fight against terrorism and crime in all its forms. We consider it our first responsibility to keep this country, its citizens and our communities safe. We will meet our duty to support those who put their own safety and lives at risk to protect us. We acknowledge and understand the purpose of this Bill, which seeks to put on a statutory footing the activity of those working to disrupt some of the most vile crimes imaginable, including terrorism, the activities of violent drug gangs, serious and organised crime, and child sexual exploitation.

We know that the threat from criminal and terrorist activity is very real and that the ability to gather intelligence is a vital tool in disrupting this activity, preventing further crime and bringing those responsible for it to justice. Since March 2017, the security services and counter-terror police have thwarted 27 terror attacks. In 2018, covert human intelligence sources helped to disrupt over 30 threats to life, leading to the arrest of numerous serious organised criminals and the seizure of more than 3,000 kilograms of class A drugs, and taking more than 50 firearms off the street.

During the course of those operations, it is inevitable that agents will at times transgress existing laws in a limited way. This activity has been happening for a long time. It is not always comfortable for us in this House to think about what we need people to do to protect us and prevent harm coming to us, but real life is not a film. There is no Superman, it is not a fairy tale and there is not always a happy ending. That is why it is a step forward that this activity will now be properly covered by statute and open to greater transparency, accountability, regulation and safeguarding in a way that it has not been before.

We are told that under this legislation covert human intelligence sources will not be given carte blanche—the Minister made that very clear. It is therefore absolutely vital that during the passage of the Bill we get those safeguards and the processes and structures for accountability and proportionality absolutely right, both for the maintenance of our country’s hard-won civil liberties and human rights and for the protection of those who undertake such activity, as my hon. Friends the Members for Birmingham, Selly Oak (Steve McCabe) and for Kingston upon Hull North (Dame Diana Johnson) outlined so eloquently.

The Bill is certified as compliant with the Human Rights Act, as the Minister set out. All public authorities are bound by it to act in a way that is compatible with the rights protected by the European convention on human rights, including the right to life, the prohibition of torture or subjecting someone to inhuman or degrading treatment. The Human Rights Act is specifically mentioned in the Bill, providing important and necessary protection. However, it is right that during the Bill’s progress we will be pressing the Government on safeguards as to what acts can be carried out. I therefore take this opportunity to let the Government know, as the hon. Member for Gordon (Richard Thomson) and the right hon. Member for Orkney and Shetland (Mr Carmichael) have, about those areas where we believe the Bill requires scrutiny and can be strengthened on its journey.

We need to explore in greater detail how we might get closer to the specifics of what offences can be allowed, as has been done in, for example, Canada and indeed the United States. There is nothing in the Bill to limit or specify the kinds of offences covered, only that they are to be necessary and proportionate. Despite the fact that the Human Rights Act is applicable in all circumstances, we will be pressing the Minister for an understanding as to why offences such as murder, torture and sexual violence are not explicitly ruled out in this legislation.

Moreover, the Bill certifies that an authorisation may be given only if it is deemed necessary

“in the interests of national security…for the purpose of preventing or detecting crime or of preventing disorder; or…in the interests of the economic well-being of the United Kingdom.”

These are broad statements that could have wide-ranging interpretations, particularly the last of the three, by a large list of agencies. We want to explore some of that and will press for assurances.

We also want to look at levels of accountability and sign-off for authorisation. As the Bill stands, the use of such powers will be overseen by the independent Investigatory Powers Commissioner, who can report on an annual basis. We believe the Bill needs to go further and that each and every authorisation should be notified to the commissioner in real time, so that scrutiny can be robust and ongoing. I also welcome indications from the members of the Intelligence and Security Committee that they too will seek to bring forward safeguards in that respect through amendments.

[Sir John Hayes]

I appreciate the hon. Gentleman’s comments and, indeed, the tone of his contribution, but he must surely acknowledge that being very specific about what covert agents can and cannot do would expose them to great risk, for those they infiltrate would know what their parameters of activity are likely to be.

[Conor McGinn]

The right hon Gentleman makes a very fair point. I completely appreciate that and have taken into account the comments that have been made by Ministers and those with experience of this, but I just seek simply to see whether there is a way that we can add more reassurance for people around some of the specificity of these matters without exposing people to the dangers that have been rightly outlined.

[Lloyd Russell-Moyle]

Will my hon. Friend give way?

[Conor McGinn]

My hon. Friend is doing very well. He has been in the Chamber for only 20 minutes and this is his third intervention, but I will, of course, give way to him.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Gentleman said that he had been refused permission to speak by the Speaker’s Office, but if he had submitted his name in time, he would have been on the list, so I do not quite understand. Perhaps he would like to come and see me and explain exactly what happened.

[Conor McGinn]

Sorry, Madam Deputy Speaker, I did not mean to start a discussion with the Speaker’s Office. My hon. Friend makes an important point, which is why I specifically referenced Canada and the United States in terms of the model that we would probe.

I wish to make some progress now and draw to a conclusion. We also have concerns over the potential use of these powers in relation to retrospective action. It says that approval will be sought as soon as it is practically possible. Our view is that there should be a time limit on that, and we would look to a period of around a month. I am happy to discuss this with the Minister as there does need to be some sort of a hard deadline on retrospective authority. There is nothing in the Bill to prevent retrospective action, which could see it being abused. Where there are allegations of historical injustices involving law enforcement and the security services, justice must take its course and the Bill cannot interfere with that.

We will also be carefully scrutinising the number and nature of the public agencies approved for this activity, which was a point very well made by my right hon. Friend the Member for North Durham (Mr Jones). These are serious powers—granting the ability for an individual to break the law—so there must be a clear and substantial case for the many agencies listed in the Bill. We also want assurances that the powers are not to be used to undermine the legitimate activities of trade unions, civil society groups or campaigns. Opposition Members are very clear that there can be no repeat of the historical attitudes and, frankly, the moral and legal corruptions that led to workers being blacklisted, to political interference or, indeed, to inappropriate relationships as the Spycops inquiry will examine. Similarly, it must also be the case that victims who have been wronged are not inadvertently prevented from seeking adequate forms of redress or fair compensation. On the issue of trade unions specifically, the Investigatory Powers Act 2016, which is the only legal basis for the use of powers to obtain communications, specifies that the monitoring of trade unions is not grounds for such activity, so will the Solicitor-General assure the House—if he cannot do it now, perhaps he might write to me if he would be so good—that nothing in this Bill changes that? Furthermore, the process of blacklisting trade unionists has been unlawful since 2010, with the passing of the Employment Relations Act 1999 (Blacklists) Regulations 2010, and, again, will he confirm that nothing in this Bill would affect that?

I want to turn briefly to the issue of legacy in Northern Ireland. I welcome the Minister’s assurance that this Bill in no way impinges on or affects that process. I urge the Treasury Bench to take into account the comments that were made both by the hon. Member for Belfast East (Gavin Robinson) and the hon. Member for Belfast South (Claire Hanna). Let me say this: I know Pat Finucane’s wife, Geraldine, and I know her sons John and Michael and her family. For 10 years, before I came into the House and since I have been in the House, I have steadfastly admired and supported them in their quest for justice, and that is not something that I will resile from at this Dispatch Box now. Let me also say that I do not need to be convinced about the consequences of the state exceeding its power in this arena. I do not need to read a briefing about it. I do not need to hear it in a meeting because I and the community in which I grew up lived with the consequences of it, which is why we need to get this right.



In summary, we on the Opposition side of the House understand the importance of this Bill. I have set out the areas of concern that we have, and where we would like to see the Bill strengthened, we will work with the Government constructively to try to do so robustly and effectively. This legislation puts existing practice on a clear and consistent statutory footing. It acknowledges the need for the role of covert human intelligence sources and, above all else, it must keep the public safe. I believe that security and human rights are not incompatible, but co-dependent, and that will govern the approach that I take as this Bill proceeds through the House.