Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Lloyd Russell-Moyle and Conor McGinn

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 Commons Chamber

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

It is a pleasure, as always, to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry), and to speak with you in the Chair, Dame Rosie. I rise to speak to the amendments in my name and that of my right hon. and learned Friend the Leader of the Opposition and other honourable colleagues.

As I said on Second Reading, my right hon. and learned Friend has made it clear that security is a top priority for the Labour party under his leadership. We will be 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, and we are grateful to those in the police, the security services, the National Crime Agency and wider law enforcement. They put their own safety and lives at risk to protect us, and we will meet our duty to support them.

It is worth noting that, since 2017, 27 terror plots have been uncovered and attacks foiled, and last year covert human intelligence sources helped to disrupt 30 threats to life. That is the sobering context of the debate, so we acknowledge and understand the Bill’s purpose, and recognise the need 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.

It cannot be right, for those we ask to undertake that work, for those who might be affected by it or indeed for society as a whole, that that work continues in the shadows, and without boundaries and safeguards. In that vein, our amendment 7 seeks to ensure that the granting of criminal conduct authorisations may not take place until a warrant has been issued by a judge. We believe that it would provide reassurance to have independent judicial oversight of that process.

[Lloyd Russell-Moyle]

Whatever we think of the progress later on of the Bill, we have to agree that judicial oversight is really important. When a Labour Government get in, we will hopefully move towards that, but does my hon. Friend agree that the cases that he has just outlined are serious and severe, so these powers should be for agencies that are investigating them, not every Tom, Dick and Harry of the Food Safety Agency?

[Conor McGinn]

I am sorry that, having been present for the whole debate, my hon. Friend did not get to make a full speech, so I am happy to take his intervention. I hope that the Minister will reply to the valid and valuable point that he makes.

We understand that in a fast-changing intelligence landscape, a degree of operational flexibility is right and necessary, but I urge the Minister to provide some clarity and assurances that the requirements for certification will not simply become catch-all terms, and that there are clear and robust limits to their applicability.

The Bill already states that authorisation may not be granted unless the person believes that the conduct is proportionate to what is sought, but our amendment 11 intends to create a proper framework for that assessment. It ensures that the person must take into account several important questions before being granted any criminal conduct authorisation and provides rigorous assessment to ensure that such decisions are not taken lightly. Similarly, our amendment 10 is specifically about ensuring that the circumstances in which a criminal conduct authorisation is necessary must not include the activities of trade unions.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Lloyd Russell-Moyle and Conor McGinn

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

[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.