Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Michael Ellis and Bob Stewart

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 27th January 2021 Commons Chamber

[The Solicitor General]

The right hon. Gentleman makes a perfectly reasonable point, as he very often does. The issue with putting the code of conduct into the Bill is, in part, that the code of conduct is, I think, hundreds of pages long. There are also issues of precedent in terms of codes of practice and codes of conduct elsewhere. However, I will give careful consideration to what he says and hope to come back to it.

Juveniles are authorised as covert human intelligence sources only in exceptional circumstances. There are significant additional safeguards in place for these authorisations, including authorisation that must be given by a more senior-level officer, an enhanced risk assessment process, and a shorter authorisation of only four months, with reviews of that authorisation having to take place at least monthly. Several safeguards will be in place, over and above, in respect of juveniles. There is also a requirement that an appropriate adult would be present in any discussions between the handlers and a young person under 16 years of age, and a rebuttable presumption that this is the case for 16 and 17-year-olds. Let me be clear on this point: the presumption is that an appropriate adult will be in place for meetings with 16 and 17-year-olds. That is the default position, if I can put it that way. If the public authority deems that it is necessary to derogate from that position, the rationale detailing the reasons why should be documented and then considered by the Investigatory Powers Commissioner. The commissioner confirmed that, in practice, juveniles are not tasked to participate in criminality that they are not already involved in.

[Bob Stewart (Beckenham) (Con)]

Thank you, Madam Deputy—Mr Deputy Speaker. Forgive me—a slip of the tongue.

[Bob Stewart]

Forgive me—I am on my knees.

Having done this sort of thing, albeit in a relatively minor way, I want to clarify one thing. Often, information was given to people who were doing this kind of work in the field by juveniles. That does not make the juvenile a source. That information can still obviously be passed on, but clearly there are restrictions on using that juvenile in future. However, the information given by juveniles certainly must not be stopped.

[The Solicitor General]

Not for the first time, my hon. Friend makes a very powerful point by dint of his experience in these matters, and in a moment I will give an example that he might find interesting on that exact point. As I said, the Investigatory Powers Commissioner confirmed that, in practice, juveniles are not tasked to participate in criminality that they are not already involved in. The commissioner also noted that decisions to authorise were only made when that was the best option for breaking the cycle of crime and danger for the young person involved.

To demonstrate how authorisations for juvenile covert human intelligence sources are managed in reality by the police, let me give an example that can also be found in the IPC’s most recent annual report:

“In one…case, a juvenile was carrying out activity on behalf of a ‘county line’ drug supply group”—

a gang. The juvenile owed money to the gang. He or she

“approached the police wishing to provide information. A referral under the Modern Slavery Act was made by the police and a care plan was drawn up with Children’s Services, including relocating the juvenile and finding them a training course. Once this had been done, as an authorised CHIS, the juvenile was able to provide intelligence to the police regarding the ‘county line’ crime group.”

That is a particularly instructive example of the sort of circumstances in which that can apply.

Lords amendment 4 seeks to add further safeguards for the authorisation of juveniles and vulnerable adults when they are granted a criminal conduct authorisation. While the Government recognise the spirit of these amendments, Lords amendment 4 as drafted creates operational issues. For example, the amendment defines exceptional circumstances as

“where all other methods to gain information have been exhausted”.

That requirement has a tendency to risk the workability of the power and, crucially, the safety of the juvenile because there may be occasions, in the cut and thrust of these things, where there are other ways to gain the information, but those other ways may not be the safest way to extricate the juvenile from the situation that he or she finds themselves in and to lead to the best outcome for the juvenile involved. The words in the amendment are too prescriptive and creative operational and workability issues.

Extradition (Provisional Arrest) Bill [Lords]

Debate between Michael Ellis and Bob Stewart

2nd reading & Programme motion: House of Commons & 2nd reading: House of Commons & Programme motion
Monday 22nd June 2020 Commons Chamber

[The Solicitor General]

As my hon. Friend knows very well, changed arrangements now with the European Union allow this country to conduct itself with fresh ideas and fresh considerations. But it is important to recognise that the Bill applies to a limited number of countries, with which we have an extremely good relationship, and in which we have considerable trust. Indeed we have considerable experience of their processes and judicial systems.

I just want to touch on a couple of remarks made in this brief debate by hon. Members from across the House. My hon. Friend the Member for North West Durham (Mr Holden) talked about the Bill being not before time. He is right to say that. He supports the mechanisms, including the statutory instrument mechanisms, which will allow an ease of process for the Bill going forward.

The hon. Member for St Albans (Daisy Cooper) talked about the Bill not being about the European arrest warrant and she is right. This is a matter of supporting our police here in the United Kingdom. Clearly, we are involved in negotiations, but nothing is more important, as she will recognise, than the safety of our people. The Bill is limited in scope, but it is important.

The hon. Member for Strangford (Jim Shannon), whose interventions in this House are always very welcome, mentioned, rightly, that the countries in the Bill are trusted partners. I am very pleased that he welcomes it.

The shadow Minister, the hon. Member for St Helens North (Conor McGinn), spoke in similar terms. It is important that on these measures, especially in times like these, we can speak as one about the security of the people of this country and recognise that the legislation does not change any other part of the subsequent extradition process. All the safeguards that currently exist in extradition proceedings in this country, set out under part 2 of the Extradition Act 2003, will continue to apply. The Bill does not do anything to change that. The courts will have the same powers and protections as they do now, including the fact that they must ensure that a person will not be extradited if doing so would breach their human rights in any way; if the request is politically motivated; or if they would risk facing the penalty of death. Our courts can be trusted—the examples are legion—to make sure that the provisions are adhered to.

The Bill seeks to deal with a very simple issue. Currently, as the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster) mentioned in opening the debate, a potentially dangerous wanted individual who is known to the police can potentially remain at liberty on the streets of this country, able to offend, able to reoffend and able to abscond. Examples exist where that has happened. The new power will see people who are wanted by a trusted country for a serious crime, and who may be a danger to the public, off our streets as soon as they are encountered.

[Bob Stewart (Beckenham) (Con)]

In short, it will extradite them more quickly.

[The Solicitor General]

It will not change the process of extradition, but it will mean that police officers will potentially be able to arrest more quickly because they will be able to act when they have cause to do so.

In conclusion—

Cost of Living: Energy and Housing

Debate between Michael Ellis and Bob Stewart

Thursday 5th June 2014 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

It is a pleasure to follow the hon. Member for Brent North (Barry Gardiner). I thought for a moment he was going to take us through the entire Napoleonic code, so we can be grateful that he did not do that. One part of the French example that I am sure Government Members would not want to follow is their exorbitantly high tax rate, which I understand has resulted in so many people leaving France that the Mayor of London is now Mayor of, in effect, the fourth largest French city. No doubt we can have regard to other aspects of French history.

I rise in support of the Queen’s Speech. Some on the left, and in the Labour party in particular, have mentioned the small number of legislative proposals, but I think that less, not more government is a good thing. State legislatures in some parts of the United States sit for only three or four months a year, and they manage to function in their societies perfectly adequately, with an executive, a judiciary and legislature, and get through their affairs without too many problems. Statist functionaries on the Labour Benches may well find it attractive just to produce Bill after Bill, but I do not find overweening Government attractive. There is the concept that less is sometimes more. Labour may of course find that difficult to understand, bearing in mind that we have seen more from Labour in all these areas—more debt, more of a deficit, more tax and more unemployment.

[Bob Stewart (Beckenham) (Con)]

Less also means more time to get things right.

[Michael Ellis]

Yes, indeed, and careful consideration of measures is crucial. I practised law in the criminal justice system in Northampton for years before I entered the House, and I witnessed the criminal justice legislation repeatedly passed under the Blair Government and the subsequent Labour Government. Frankly, much of that legislation only served to grind to a halt the court process in England and Wales. It did not work, and in many cases it created further problems. It is important to get legislation right.

We want a Britain that pays its way in the world and a Britain that is more competitive. I wholeheartedly disagree with Labour Members who criticise concepts of profit and commercial endeavour. We want hard-working people and to give them peace of mind for the future, and this Queen’s Speech continues that series of policies. This Government have carried through such measures during the past four years, and will continue to do so for the next year.

For example, the deficit is down by a third. We still hear criticisms about how fast we are able to get down the deficit. As I have previously pointed out to the House, the reality is that for Labour to make such criticisms is rather like an arsonist criticising a firefighter for the time taken to put out a fire. The deficit is down by a third, and income tax has been cut for 25 million people by an average of more than £700.

--- Later in debate ---

[Michael Ellis]

The economy that this Government inherited was 20th out of the G20 leading industrialised nations. It was at the bottom of the heap. That was the responsibility of the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), Tony Blair and the Labour party. That is the appalling legacy that we are seeking to improve.

Under this Government, there are 1.7 million more apprentices. We are looking to give people opportunities. Large numbers of apprenticeships have been created to do that. There are better standards and better schools for young people. Those are significant achievements of the past four years and the Queen’s Speech will follow through on them. Only by sticking to our plan will we secure a better and brighter future for Britain.

I accept, as the hon. Member for Bolton West (Julie Hilling) has pointed out, that there is more to do. That is why we seek another term. In my constituency of Northampton North, the rate of unemployment is 33% lower than it was in April 2010—the month before the general election. Youth unemployment is 41% lower than it was. However, there is more to do and the rate of unemployment is still too high. Like many colleagues on the Government Benches, I organise jobs fairs on an annual basis. During the last jobs fair that I organised, more than 2,000 people came through the doors and more than 40 companies were represented, including medium, small and large companies and charities. I accept that there is more to do, but we must stick to the long-term economic plan and get it right. The Chancellor of the Exchequer, the Prime Minister and all those on the Treasury Bench have been getting it right and we are seeing the results.

Her Majesty referred to the infrastructure Bill. Investing in infrastructure is a key part of the country’s long-term economic plan, because we have to think to the future, like the Victorians and many of our predecessors did. They thought of future generations. Stable long-term funding for the strategic road network is very important and is anticipated in the coming Session.

I have lobbied persistently—some might say nagged—on the issue of potholes. That might seem to many to be a micro-economic issue, but it is significant. In my constituency, and no doubt in other parts of the country, the issue of potholes is of serious and significant concern. I got together a petition to seek more assistance in that regard. I am happy to say that the Chancellor of the Exchequer announced in the Budget that he would allocate a further £200 million towards—

[Bob Stewart]

Northampton.

[Michael Ellis]

Not quite towards Northampton, sadly. We will find out in due course how much Northampton will get. However, I am very pleased that the Government have taken that move.

Motoring groups have welcomed that fund to fix roads, although, as ever, they wanted more. I, too, would like to see more money invested in our roads because the amount of road traffic only ever increases. There is an increasing number of incidents that are caused by poor quality road surfaces. Frankly, there are very human reasons why we need to fix the roads. They are dangerous for cyclists, pedestrians and other road users. The poor quality of our roads is a danger to life, as well as to livelihoods. The cost of compensation, insurance and the like is going up. That affects local taxpayers as well as national taxpayers. There are therefore raw economic reasons why we need to do something about potholes.

That is why I am very pleased that, thanks to the careful measures that the Chancellor of the Exchequer has taken over the past four years and to the fact that he has stuck to the path, sometimes in the face of a tsunami of criticism from the Labour Benches, he has improved the state of the economy to such an extent that he has been able to allocate £200 million to fixing potholes. Northamptonshire has bid for some of that, and I hope to hear relatively soon—as, no doubt, do other areas—how much my area will receive.

I think it right that local authorities bid for funding. As the Secretary of State for Communities and Local Government will know, some local authority areas perform much better than others and have a better track record of getting it right. It is only right that they show why they can operate more efficiently and successfully, or perhaps more expeditiously than others, and why they should therefore be rewarded for their endeavours and competence.

One measure not in the Gracious Speech is the Medical Innovation Bill, which Lord Maurice Saatchi introduced today as a private Member’s Bill in another place. It is to be hoped that in due course it might find its way to this honourable House. It is a completely non-partisan and highly important measure that is designed to make it easier for doctors to treat those who are suffering from cancer and other life-threatening conditions more successfully.

If passed by Parliament, the Bill will allow doctors to take a step away from the well-worn path currently followed in the treatment of cancer. For some cancers, the treatment has not changed literally for decades, and doctors—oncologists in particular—know that they will follow that path with their patient, and that there will be the same result at the end of that path. They can even particularise to quite a fine degree how long a patient may have left to live. With proper safeguards—I emphasise that—and with the fully informed consent of the patient and the extra safeguard of a multidisciplinary panel that can oversee the patient’s authority and what the doctor wishes to do, it is right that doctors ought to be able to diverge slightly from that path to see whether something slightly different can work. Only through those methods will we allow doctors to continue their good work and eventually find a cure for cancer.

Defamation Bill

Debate between Michael Ellis and Bob Stewart

Tuesday 12th June 2012 Commons Chamber

[Michael Ellis]

I recognise my hon. Friend’s point, and the common law will no doubt develop in this area, but I hope that, if this Bill becomes law and removes the presumption in favour of jury trials, judges will recognise that jury trials will be less frequent than heretofore. I will be corrected if I am wrong, but I seem to recall that until relatively recently juries in defamation cases had a part to play in deciding the quantum of damages after successful defamation proceedings, and I recall also some rather large figures for damages awarded against various periodicals. I am a great fan of Private Eye, possibly because I have not featured in it—[Interruption.] I am not inviting it, and I emphasise that!

[Bob Stewart]

I have, and you are about to.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. “He” is about to.

UK Extradition Arrangements

Debate between Michael Ellis and Bob Stewart

Monday 5th December 2011 Commons Chamber

[Michael Ellis]

There have been extradition arrangements between our two peoples since the later part of the 18th century. As for plea-bargain arrangements, there are also pressures on defendants in the British system. We do not refer to them as plea-bargaining, but defendants know that if they plead guilty, they are likely to receive a lesser sentence, so although we have no plea-bargaining arrangement, it is not correct to assume that the two systems are completely different.

The conclusion reached by the Baker report is that there is no significant difference between the tests that either country applies. In all extradition requests that have been submitted to the United Kingdom since 1 January 2004, the United States and many other states have not had to provide prima facie evidence, instead having to provide only the information sufficient to satisfy the extradition legislation. There are many countries, including Australia, Canada and New Zealand, from which we do not require prima facie evidence before extraditing to them. We should not therefore require the United States to jump over that hurdle when the other allied nations whose legal systems are based on ours do not have to do so. I understand that countries that have signed the European convention on extradition orders do not have to jump through that hoop. Those countries include Turkey and Russia. Those who call for a prima facie standard, as I understand the Joint Committee on Human Rights has done, must explain why Russia should be required to have a lesser standard than America, if America were put under the pressure of proving to a prima facie standard.

[Bob Stewart (Beckenham) (Con)]

Should we not require that standard of everyone? Is that not the way forward?

[Michael Ellis]

Well, that is one way of looking at it. Certainly, if we were to decide to require everyone to hold to the prima facie standard, that might be fairer, although it would be extremely expensive, bureaucratic and time consuming. For the accused person and for witnesses, the interests of justice are not served by delaying matters, so that would be the problem there. However, before the 2003 Act, I believe there was a requirement to find a prima facie standard. If not, there was certainly an imbalance between the United States and the United Kingdom in that respect. The United States had to apply greater burdens to extradite people from the United Kingdom than the United Kingdom had to supply vice versa.