Strategy for International Development

Debate between Conor McGinn and Rosie Winterton

Wednesday 6th July 2022 Commons Chamber

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

On a point of order, Madam Deputy Speaker. I apologise to the House for interrupting the debate, but you will be aware that there has been a significant number of resignations from the Government Front-Bench team today. I think it was 31 at the last count—[Interruption.] My hon. Friends say 32—I have not checked my phone since I rose to my feet. There is a serious point: as well as a duty to Departments and the functions of government, Ministers have a duty to the House. My understanding—I wonder whether this is your understanding, Madam Deputy Speaker—is that the Government have adjourned or effectively cancelled Bill Committees tomorrow, because they are unable to provide Ministers to fulfil their duties to the House. Can you give us an indication of whether the Leader of the House has said that he intends to come here to make a statement about any change of business and about the Government’s ability to fulfil their obligations to the House? It seems very much to me that this Government have ceased in their ability to govern.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for his point of order. I have received no notification from the Leader of the House that he intends to make any sort of statement, and I have not been led to believe that the Speaker’s Office has either. The Committee of Selection meets this afternoon to look at membership of Committees. If Committees are not going ahead, they would simply not appear on the Order Paper tomorrow. However, if the hon. Gentleman requires any further information, I direct him to the Public Bill Office, which may be able to give that to him. As I said, however, I have not received any notification from the Leader of the House with regard to this matter, but those on the Treasury Bench will have heard the hon. Gentleman’s concerns.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Conor McGinn and Rosie Winterton

Consideration of Lords amendments
Wednesday 24th February 2021 Commons Chamber

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

It is a pleasure to follow the Solicitor General. Given the seriousness and sensitivity of these matters, it is right to recognise the challenging but constructive engagement that we have had with the Government throughout the passage of this Bill. I again pay tribute to colleagues in the other place. The experience and expertise that so well informs their scrutiny has, without a shadow of a doubt, strengthened this legislation and the protections and safeguards in it. I think the whole House can agree that the Bill before us is in much better shape. We welcome the Government concessions that the shadow Home Secretary and Labour Members, as well as other colleagues, have secured during the Bill’s parliamentary passage.

Turning to the amendments in lieu, Lords amendment 3B relates to the criminal injuries compensation scheme and the vital matter of redress for innocent victims. It would properly ensure that victims were protected and unimpeded in obtaining justice if harm came to them during authorised conduct. Throughout this process, we and colleagues across both Houses have stressed the importance of a viable route to redress for innocent victims if boundaries are broken, and we have tabled and supported amendments to that effect. It is an important principle in law that victims of crime can seek recompense, and these circumstances should be no exception. We therefore welcome the amendment and the Government’s change of heart on the need to make it explicit in the Bill that individuals can access criminal injuries compensation whenever appropriate. I pay tribute to colleagues on the Joint Committee on Human Rights for the work that they have carried out on this alongside Lord Anderson and his colleagues in the other place.

Lords amendments 4B to 4J relate to safeguards for juveniles and vulnerable adults. I pay tribute to my hon. Friend the Member for Walthamstow (Stella Creasy), the right hon. Member for Haltemprice and Howden (Mr Davis), noble lords in the other place and many civic society groups, charities and experts who have worked tirelessly on this issue. We maintain that the protections could go further, but none the less welcome movement on this issue. It was very important to Labour Members and colleagues across the House that the heightened protections for children and vulnerable adults outlined in these amendments should make it clear that criminal conduct authorisations can be granted to minors only in exceptional circumstances, and should take into account any potential physical or psychological harm and wider safeguarding issues, as well as the results of an appropriate risk assessment. The amendments also provide that an appropriate adult must be present at meetings with individuals under 16 years old; most 16 and 17-year-olds will have this right, too. I echo Lord Rosser, who said:

“On this issue, we have not achieved everything that was asked for”,—[Official Report, House of Lords, 9 February 2021; Vol. 810, c. 201.]

but we are pleased to see the Government have listened to our and others’ concerns, and gone beyond prior commitments.

Labour Members will continue to monitor these matters and work to assess their impact. In addition, following the Bill’s passage, we will keep a close eye on the upcoming consultation on the CHIS code of practice to ensure and, if necessary, enhance safeguards in this arena and make them as effective as possible.

As I have said in this House previously, this is not the Bill that we would have proposed or passed. It is far from perfect, but it has been vastly improved during its passage. The amendments in lieu being considered—and, I hope, accepted—today are proof of that. I reiterate that Labour Members recognise the importance and significance of putting CHIS activities on a statutory footing for the first time through this Bill, while ensuring vital safeguards, accountability and protections.

We are eternally grateful to those in the police, the security services, the National Crime Agency and wider law enforcement who put their safety and life at risk to protect ours—as indeed do covert human intelligence sources. Through this Bill, we have sought to meet our duty to support them. The resolute focus on national security, on tackling serious and organised crime, on human rights and on supporting victims that has guided us throughout this Bill’s passage will continue to be a central tenet of our approach as we seek to keep this country, its citizens and our communities safe.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We have until 6.56 pm to conclude proceedings on the Bill, so if Back-Bench contributions were less than five minutes long, that would enable us to get as many Members in as possible. I do not want to impose a time limit, but I hope that colleagues will be considerate of one another. I call Dr Julian Lewis, Chair of the Intelligence and Security Committee.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Conor McGinn and Rosie Winterton

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

[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.