Debates between Joanna Cherry and James Brokenshire during the 2019 Parliament

Thu 15th Oct 2020
Covert Human Intelligence Sources (Criminal Conduct) Bill
Commons Chamber

Committee stage:Committee: 1st sitting & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons & Committee stage & Report stage & 3rd reading

UK Terrorism Threat Level

Debate between Joanna Cherry and James Brokenshire
Thursday 5th November 2020

(3 years, 5 months ago)

Commons Chamber
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James Brokenshire Portrait James Brokenshire
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My right hon. Friend makes a really important point about the nature of the threat that we face from self-motivated individuals, but they are not isolated and they are not alone; they sit within communities and within families. They have connections with different agencies. That is why we introduced the Prevent duty on statutory agencies, but if people have concerns, they should report them in confidence to the police. The counter-terrorism hotline is 0800 789 321. There are additional resources online at gov.uk and also the Action Counters Terrorism—or ACT—app. That can be downloaded and provides further information and ways to report.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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I thank the Minister for advance sight of his statement. This is a prudent move, and the United Kingdom Government have the full support of the Scottish National party and the Scottish Government in the fight to keep all our communities safe from terrorism. I take this opportunity to express condolences on behalf of my party to those bereaved or injured in the recent terrorist atrocities in Vienna and across France and to express our solidarity with the people of Austria and France. I pay tribute to those who risk their lives to keep us safe. The funeral of Sergeant Matt Ratana yesterday was a sad reminder of the high price they pay for our safety. I salute his courage and his service and extend the sincerest condolences of my party to his family and friends.

Will the Minister tell us what work is being carried out with local communities and faith groups to ensure a co-ordinated response as the threat level is increased? What support and assistance are being offered to minority groups in need of additional reassurance? He will be aware that in Scotland, the delivery of the Prevent strategy is devolved and has worked well to foster strong relations between communities and the police. Will he consider looking at the success of Scotland’s approach and seeing what lessons can be learned for the rest of the United Kingdom?

Finally, it is the remit of the Home Office to ensure that all our communities are kept safe and secure. In mid-September, counter-terrorism police warned the Home Secretary that it was suspected that a far-right extremist had attempted to carry out a terrorist attack at a solicitors firm in London, yet in early October she and the Prime Minister went on to intensify their anti-lawyer rhetoric. Will the Minister acknowledge that there is a responsibility on politicians and other public figures to avoid saying anything that could inflame tensions or put people at risk?

James Brokenshire Portrait James Brokenshire
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I welcome the support that the hon. and learned Lady gives to the steps that JTAC has taken, and I underline to her the contact that I had shortly afterwards with the Cabinet Secretary for Justice to again emphasise that co-ordinated approach across the United Kingdom. The hon. and learned Lady rightly highlights those who put their very lives on the line for us, and the funeral of Matt Ratana, as she highlights, underlines that so clearly. I know the thoughts of the whole House will be with his friends, his loved ones and his colleagues today.



The hon. and learned Lady highlights the issue of communities. The counter-terrorism network clearly works across the UK to provide support, contact and advice to faith communities and other places of vulnerability in order to ensure that appropriate measures can be put in place. The places of worship scheme, which was established by the Home Office, has awarded 183 grants in England and Wales. I also highlight the broader work that we co-ordinate with the Scottish Government to ensure that we can work and learn together, recognising, as Neil Basu said, that it is communities standing together that defeats terrorism.

In relation to the hon. and learned Lady’s last point, let me say very gently that this case is pre-trial and it would not be appropriate to provide any further comment that may have an impact on legal proceedings.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Joanna Cherry and James Brokenshire
Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020

(3 years, 6 months ago)

Commons Chamber
Read Full debate Covert Human Intelligence Sources (Criminal Conduct) Act 2021 View all Covert Human Intelligence Sources (Criminal Conduct) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 15 October 2020 - (15 Oct 2020)
James Brokenshire Portrait James Brokenshire
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The language that is used in what would become new subsection 5 of section 29B is reflective of existing provisions within the Investigatory Powers Act. I will go into more detail on the hon. Gentleman’s point about disorder and economic wellbeing.

Joanna Cherry Portrait Joanna Cherry
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The point made by the right hon. Member for South Holland and The Deepings (Sir John Hayes) was dealt with very ably earlier in the debate by the right hon. Member for Haltemprice and Howden (Mr Davis) under reference to the letter from the previous DPP, when he said that this was a bit of a Sopranos argument. Our Five Eyes partners manage to delineate the crimes that a CHIS can commit without having these worries, so isn’t this really a false worry?

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James Brokenshire Portrait James Brokenshire
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I reiterate again that a covert human intelligence source is not able to commit any and all criminality. I made that point on Second Reading. There are limits to the activity that can be authorised under the Bill and they are contained within the Human Rights Act 1998. The covert human intelligence sources code of practice also sits under this legislation and provides additional guidance and safeguards that apply to the authorisation of such activity.

Joanna Cherry Portrait Joanna Cherry
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Will the Minister give way?

James Brokenshire Portrait James Brokenshire
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I have two minutes left and I still have a few more amendments I would like to discuss.

On the issue of the economic wellbeing of the United Kingdom, it is an established statutory purpose for investigatory powers. It recognises that threats to the economic wellbeing of the UK could be immensely damaging. It might include the possibility of a hostile cyber-attack against our critical infrastructure, our financial institutions or the Government. Similarly, preventing disorder is an important and legitimate law enforcement function found in all investigatory powers legislation. Where illegal activity takes place, public authorities listed on the Bill have responsibility to take action that is necessary and proportionate.

Turning to new clause 8, I do not underestimate the concerns expressed about the use of juvenile or vulnerable individuals as covert human intelligence sources. There are provisions contained within the code and the guidance, as the hon. Member for Walthamstow (Stella Creasy) knows, and I have sought to discuss those issues with her outside of this place. The provisions also highlight the role of an appropriate adult, but I will continue discussions, because I recognise that there are concerns across the House. In good faith I would be pleased to continue those discussions to see whether there are other issues there.

On the issue of undercover officers and the authorisation of sexual relations, I will reiterate what police leaders have already said publicly: it is never acceptable for an undercover operative to form an intimate sexual relationship with those they are employed to infiltrate and target or may encounter during their deployment. That conduct will never be authorised, nor must it ever be used as a tactic of deployment.

Equally, we discussed trade unions on Second Reading, and I re-emphasise that the Bill does not prevent legitimate and lawful activity, which is precisely what trade unionism is all about. That is why the code of practice is explicit on that. Indeed, section 20 of the Investigatory Powers Act 2016 in another context also highlights that.

We must not forget the human element of this capability. We are not talking about machines and equipment, which is why the Bill is framed in this way. They are real people who are making significant personal sacrifices, and they must be able to continue living their lives safely and securely. That is what this Bill is about. Through the information they provide, lives are saved, which is why the measures in this Bill matter so much.