Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Whitty Excerpts

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

[Lord Whitty (Lab) [V]]

My Lords, the noble Lord, Lord Young, makes it easy for me to refer to his protégé, the noble Lord, Lord McLoughlin. I welcome him to this House and welcome his maiden speech.

I also welcome the Minister. I listened carefully to his speech, and indeed to the speech from my own Front Bench, on why the Bill is needed. I am afraid that I am not as yet convinced. On Monday, this House overwhelmingly expressed its outrage at the Government trying to give themselves statutory immunity from breaching international and national law in, as they call it, a limited and specific sense. Today, the Government now propose giving equivalent protection in criminal law to our own security services and a dozen other state agencies to commit unspecified criminal acts.

Obviously, I appreciate that this is not a new issue; I was a member of the Government when the Regulation of Investigatory Powers Act 2000 was passed. I remember feeling uneasy about it at the time—I generally did with Home Office initiatives in that era—but I recognised the need for an authorisation framework. Still, this Bill goes much further than that. My noble friend Lord Rosser proposes significant amendments that might make it more palatable to me, but even then I am not yet convinced.

I am not an automatic knee-jerk opponent of the security services and state agencies. I recall many occasions in my life when I have told keen young political activists who complain that the deep state is monitoring them, “Of course they are! That is their job.” I have always felt that society is safer as a result of those agencies; I am glad that they are there. However, the Bill goes beyond the monitoring, surveillance and simple embedding in, and infiltration of, dangerous organisations.

There are issues with the authorisation process itself but I have two main objections. First, the Bill renders such criminal acts legal for all purposes. That appears to mean that victims could not claim compensation in any respect. If, in order to gain trust in an organised crime syndicate by proving himself, a CHIS undertakes a robbery, does that mean that the victim of that robbery is denied not only a criminal process but any compensation or recourse to the criminal compensation scheme because, under this Bill, the action was deemed not criminal? At a minimum, we need to retain or at least describe the right to compensation for victims.

My second main objection relates to the infiltration into political campaigns, particularly trade union ones. As my noble friend Lord Hain said, we know from very recent history that phrases such as “danger to the economic well-being of the UK” or “preventing disorder” can be used to target otherwise legitimate trade union industrial action or political or environmental campaign demonstrations. Such infiltration by police agents has been identified in the past. On occasion, it has been aggravated by agents of the state authorities acting in effect as agents provocateurs—that is, a supposed member persuading his colleagues in the organisation to go further than they would have done previously. Here, we are treating political campaigns on anti-racism, the environment and trade unions in an equivalent way to terrorist organisations. There must be some distinction and some limit to the degree to which we can grant immunity under the Bill.

Unless there are drastic, explicit changes on access to the civil courts, compensation and agents provocateurs, I will not support the Bill.