Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Liz Saville Roberts and James Brokenshire

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

[James Brokenshire]

Yes, and I am grateful to my right hon. Friend for making that point. With his experience as a former Secretary of State for Northern Ireland, he knows the importance of these national security issues in the context of Northern Ireland. He is right, and this point about safeguards and oversight is precisely what I was about to come on to. It is about the rigorous and careful way in which the agencies operate and the focus that they attach to this, as shown in the response the commissioner provided in his 2018 report and equally by the Investigatory Powers Tribunal when it reflected on this.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Will the Minister give way?

[James Brokenshire]

I will give way, but this is probably the last time as I am conscious of time and of getting others in.

[Liz Saville Roberts]

In the 2018 report by the Investigatory Powers Commissioner, one of the issues that raised concern was the sheer prevalence of human error. We are rolling this out to further Departments. Surely, we are also rolling out the potential for further human error.

[James Brokenshire]

The right hon. Lady makes an important point about training and about ensuring that the high standards necessary here are applied. I would say to her that, equally, such focus needs to be applied to those who operate this regime in order to get this right because of the potential criminality that sits alongside it. There are obligations to report errors to the commissioner, and equally the commissioner will report on those too. Rigorous standards are necessary to ensure that criminal conduct authorisations are made appropriately and well, and the way in which that operates now and will operate for all agencies—whether the Security Service, policing or some of the other agencies—is subject to that clear oversight, and the Bill draws that out and makes it explicit.

As I have said, it is important to state that, in view of the restrictions on what can be disclosed publicly, the Government also recognise the importance of robust independent oversight. The authorisation of CHIS participation in criminal conduct is and will continue to be subject to this robust oversight of the Investigatory Powers Commissioner. The IPC—