Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Hodgson of Astley Abbotts Excerpts

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

[Lord Hodgson of Astley Abbotts (Con) [V]]

We have had three distinguished maiden speeches this afternoon. First, I welcome my noble friend Lord McLoughlin. The Cardinal Griffin School in Cannock has had a lot of airtime today, but I can tell him that when I visited the school as part of the Peers in Schools programme, there was a large photograph—one might almost say a dominating photograph—in the entrance hall of the school, a fitting tribute to his long and distinguished career in public life. I also congratulate my noble and learned friend on his distinguished opening speech. He reminded us that the underlying purpose of the Bill is to assist in maintaining and building the safety of the citizens of this country: as such, it has my in-principle support. However, it is a support that comes not without limitation: the use of the words “necessary and proportionate” remind us of those limitations.

What are my concerns, which I hope we can explore in Committee? The first is the list of relevant authorities. I share the remarks of several noble Lords about this. I would only add to what has already been said by saying that the greater the number of authorised bodies, some of which may use these powers only rarely, the greater the risk must be of misuse. The second is the extent to which the provisions of the Bill extend outside the United Kingdom. Geographical distance carries its own temptations and dangers, not least in the inevitable limitations on the ability to investigate and follow up fully where matters may have gone astray. My third point concerns what I can best describe as mission creep. I currently chair the Secondary Legislation Scrutiny Committee of your Lordships’ House. Our committee has been increasingly concerned about the use of skeleton Bills, where most of the legislative impact will be achieved through regulation. This is undesirable on many levels, not least because regulations have a lower level of scrutiny because, as is well known in the House, they are unamendable. Parliament is left with the nuclear option of complete rejection, a course which the House is often, understandably, reluctant to take.

As I read the Bill, there are at least three areas where mission creep could take place, but there may well be others. However, as I see it, by regulation the Secretary of State, first, may change the list of the bodies that can give CCAs; secondly, change the basis on which those authorisations can be granted; and, thirdly, change the individuals within the relevant authorities that can give CCAs. All of that is done by regulation. It seems that, taken together, these powers could quite radically shift the basis on which the Bill is constructed and on which it will operate.

My final point concerns the investigation of cases where matters have not developed as hoped and expected, and here I take up the points raised by the noble Lords, Lord Carlile of Berriew and Lord Anderson. I note the additional remit of the Investigatory Powers Commissioner, and of course those powers are welcome, but I see nothing about urgency. Speed of innovation is critical to achieving a proper outcome before waters, which may well sometimes be deliberately muddied, close over the case. I have been an officer of the All-Party Group on Extraordinary Rendition for many years, and the group has watched as successive Governments—no party has clean hands on this—have ducked and dived. We have to make sure that these sorts of cases cannot arise with this Bill, although it has my in-principle support.