Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Dodds of Duncairn Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 11th November 2020 Lords Chamber

[Lord Dodds of Duncairn (DUP) [V]]

My Lords, I congratulate the three noble Lords who made excellent, eloquent maiden speeches today in the House. I look forward to working with them in the period ahead. I pay tribute to the security forces, members of the Security Service and all those involved in counterterrorism for the great sacrifices that they make in defence of our country—acts of heroism that will never be told and suffering for the greater good of society that will never see the light of day. I am grateful for the briefing that I received in the other place in the run-up to the Investigatory Powers Tribunal case, which brought home to me just how important their work is.

As has been said, this Bill is about keeping the country secure and saving lives. It puts on to the statute book what already happens and has been happening for a long time. Lest anyone should doubt the need for CHIS—or agents, as they are better known—we only have to look at some of the statistics outlined by the Minister in the other place about the number of arrests, of firearms, class A drugs and illicit cash recovered, and of potential terrorist attacks thwarted by MI5 and counterterrorism in recent years—27 between March 2017 and today, which is nine each year. Those are staggering figures.

While there have been incredible advances in electronic and digital surveillance, we know that in many cases, such methods of intelligence-gathering are simply not enough in themselves. The Bill addresses participation in criminal activity of agents and legislates for robust, independent safeguards and oversight. The Government have set out clearly why this legislation is necessary to lift and remove any legal uncertainty. There must be no doubt in the mind of a handler, the agent themselves or the organisation responsible about the legal status of what an agent has been ordered to do.

Being from Northern Ireland, my experience as a Member of Parliament for Belfast North for more than 18 years has brought home to me the importance of the proper use of agents in combating terrorism. The recent report of the Intelligence and Security Committee illustrates the very serious threat of terrorism that still pertains in Northern Ireland, where the threat level is set at “severe”. Without covert agents, the safety and security of citizens in that part of the United Kingdom, as well as elsewhere, would be gravely impaired. Often agents in Northern Ireland have had to join an illegal paramilitary organisation, or people within those organisations have had to undertake, at great risk, activities which have been of enormous benefit to the state. These acts are, of course, illegal under normal circumstances, but it is a clear example of what would warrant a criminal conduct authorisation.

Of course, such authorisations must always be for precise and specific purposes, and the Bill sets out very clearly three such purposes. I welcome the fact that the Bill states that at all times there must be compliance with the Human Rights Act. The role of the Investigatory Powers Commissioner is also set out. Robust oversight is crucial, and I welcome the unfettered access that is permitted under the Bill to all documents and information. However, we need to examine carefully in Committee the organisations that are covered in the Bill, and I look forward to discussion in Committee on that. This is about saving lives. It is a sad fact of life that agents are necessary, and I fully support the Government at Second Reading.