Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Steve Baker and James Brokenshire

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

[James Brokenshire]

The right hon. Gentleman, the Chair of the Intelligence and Security Committee, makes an important point when he draws that distinction. I say to him that, under the current regime, the Crown Prosecution Service will consider the prosecution of a properly authorised CHIS as perverse. So in essence, the Bill will offer no practical difference in the application of the power, because obviously the conduct will have to be properly authorised, as it does now. If something has not been properly authorised, then clearly the authorisation will not have effect. Where CHIS conduct is outside that authorisation, there will be no impact on the ability to prosecute. Public authorities tightly limit the scope of CHIS criminal conduct, so this will not provide a licence to commit crime outside those stringent limits. In reality, the practical difference between providing a defence and making conduct lawful is limited. Indeed, we say that the provisions actually reflect broader provisions within the current legislative regime, governing all other aspects as well. There is a distinction, which the right hon. Gentleman makes, but in practice, we do not see that there is the fundamentals difference that perhaps some might wish to paint into it.

[Mr Steve Baker (Wycombe) (Con)]

One of the problems that the Government have today is that, for those of us who like the red meat of law enforcement and law and order, the Minister has forced us to look inside the abattoir, and of course we do not like what we see. On this point about stringent limits, will he explain why there is not more in the Bill to put those limits in place? I cannot imagine Ministers will be authorising killing or torture, so why are those things not in the Bill, so that the public can have very clear confidence that they will not be authorised?

[James Brokenshire]

I will come on to that issue—this is why, although I wanted to give way to many Members, I wanted at the same time to make progress with my speech. I will not go into the limits of what can and cannot be done because of this issue of what is known as CHIS testing—providing a list against which sources can be tested, which has practical implications to it. What I can say to my hon. Friend is that I will come on to the import of the Human Rights Act in just a second, if he will be patient.

--- Later in debate ---

[James Brokenshire]

I have responded to the latter point on the judgment that we have made in relation to this regime and how we believe that deep retrospective oversight is the right approach. This is distinct from phones or cameras. The use of CHIS requires deep expertise and close consideration of the personal qualities of that CHIS, which then enables very precise and safe tasking. There are different elements to how this operates, and the experience and highly trained nature of the authorising officer in some ways informs the relevant authorising level that is specified within the guidance. Robust retrospective oversight is provided equally by the commissioner himself, to give further assurance.

If I may, I shall turn to a separate point about specific public authorities’ ability to grant a criminal conduct authorisation. The RIPA already lists a range of public authorities that use CHIS for general investigative purposes. Far fewer public authorities will be able to grant a criminal conduct authorisation. Only those public authorities that have demonstrated a clear operational need for the tactic are able to use the power. These are the intelligence agencies, the police, the National Crime Agency, the armed forces, Her Majesty’s Revenue and Customs and 10 other public authorities. Pausing momentarily on this list, I want to highlight the role that these wider public authorities also have in investigating and preventing serious criminal activity. The Environment Agency, for example, investigates the illegal dumping of toxic waste that can permanently harm our environment. The Serious Fraud Office investigates complex fraud cases that risk costing the public millions of pounds. The Food Standards Agency investigates deliberate mislabelling and the sale of unsafe food to the public. HMRC tackles the money laundering and trafficking of illicit goods that would risk significant damage to the economy.

We expect the wider public authorities to have only limited use of this power, because a criminal conduct authorisation can be granted only where it is necessary and proportionate to the criminality it is seeking to frustrate. There will, however, be occasions where CHIS will be critical in providing the intelligence to prevent, detect and prosecute serious crimes. This is increasingly important as organised crime groups expand into areas overseen by these public authorities.

This is an important and necessary Bill—

[Mr Steve Baker]

Will the Minister allow me, before he finishes?

[James Brokenshire]

I will, for one final time, then I will wrap up.

[Mr Baker]

I am extremely grateful. He mentioned the armed forces very briskly there. Could he clarify why the armed forces might need to engage in criminal conduct? I suspect it is because they each operate their own military police, and that those police might need to have covert operations, but I would be grateful if he clarified that, because there will be suspicious souls out there worrying that there is some other motive for the armed forces being authorised to break the law.

[James Brokenshire]

My hon. Friend highlights one particular aspect of the role of the Ministry of Defence. It is difficult to go into detail, but one further example I would give is that it might be necessary to access a proscribed organisation. As I say, the reporting regime is quite specific. Indeed, the oversight that is envisaged—and the oversight in the existing legislation—draws this out quite carefully and clearly for the issues that I have highlighted, on proportionality and necessity, as well as those specific aspects in the Bill, stating that it can relate only to national security, criminality and economic wellbeing. It has to anchor to those three elements, as well as to the Human Rights Act application that we have debated at length this evening.

This is an important and necessary Bill. It is not about providing agents with an unfettered ability to break the law and commit any crime. There are strict requirements that must be satisfied, and robust and independent oversight will be in place. The Bill is really looking to achieve just one thing, which is to ensure that our intelligence agencies and law enforcement bodies with important intelligence functions are able to continue to utilise a tactic that has been, and will continue to be, critical to keeping us all safe. Accordingly, I commend the Bill to the House.

Intelligence and Security Committee: Russia Report

Debate between Steve Baker and James Brokenshire

Wednesday 22nd July 2020 Commons Chamber

[James Brokenshire]

I do not recognise the hon. Gentleman’s characterisation at all. I welcome the fact that, speedily after its creation, the ISC report was published, shining a light on the issue of Russia and the need for vigilance, which this Government continue to demonstrate. It is that approach that we take through from this rather than the political characterisation that he sought to proffer.

[Mr Steve Baker (Wycombe) (Con)]

The ISC report rightly thanks five Russia experts from outside the intelligence community, two of whom have done some great work with the Legatum Institute. Will my right hon. Friend join me in thanking those individuals, the institute and, indeed, its visionary founder, Christopher Chandler, for having the courage and the commitment to expend the resources and take the risks to oppose Russian wrongdoing from the private sector?

[James Brokenshire]

I commend Legatum and all those who have sought to assemble evidence of the impact and the effect. I think it has added to the report the ISC has produced. I look forward to that continuing as the ISC gets into its stride in this Session and I look forward to the contribution that so many people have to offer to help ensure that the ISC does its job well and can work to ensure that our response to these national security issues is as well-informed as possible.

EU Migrants: National Insurance Numbers

Debate between Steve Baker and James Brokenshire

Thursday 12th May 2016 Commons Chamber

[James Brokenshire]

Although I entirely recognise the point that my hon. Friend makes about the particular pressures that certain areas in the UK have experienced as a consequence of migration, I also recognise the benefits that are attached in terms of the contribution to our economy. It is why we are seeking to introduce the controlling migration fund, which will assist areas that are experiencing that growth in population linked to migration.

[Mr Steve Baker (Wycombe) (Con)]

The Government’s case rests on ignoring the arguments set out by my right hon. Friend the former Secretary of State for Work and Pensions earlier this week, particularly in relation to people shuttling to and fro for a few months at a time. That is a problem that the Minister’s case would ignore by looking at the passenger service. If he will not listen to my right hon. Friend, will he at least listen to Lord Rose, the chairman of the pro-EU Britain Stronger in Europe campaign, who told the Treasury Committee that the wages of the lowest paid would rise if we left the EU and took control of migration?

[James Brokenshire]

I point my hon. Friend not only to the contribution that those who arrive here make to our economy—it is a net contribution of around £2.5 billion—and how important it is for our economy, but to the steps that we are taking to reduce those artificial pull factors. We need to focus not just on those pressures in our local areas, but on how we get the right skills for our economy to ensure that we are giving young people in this country the best opportunity, which is precisely what our apprenticeships programme is all about.

Dublin System: Asylum

Debate between Steve Baker and James Brokenshire

Wednesday 4th May 2016 Commons Chamber

[James Brokenshire]

The right hon. Gentleman raises an important point about issues such as trafficking and exploitation. Kevin Hyland, the independent anti-slavery commissioner, will be travelling out to Greece and Italy shortly. The experts we are sending out will include people with knowledge and understanding of those issues in relation to children, so as to seek to provide greater assurance on the very matter he raised.

[Mr Steve Baker (Wycombe) (Con)]

Through their recent renegotiation the Government have demonstrated that an axiom of our EU membership is our common European citizenship, which implies the common treatment of people right across the EU. Will the Minister not concede that if the public vote to remain in the EU, he will not long be able to resist pressure in the Council of Ministers to concede our opt-out and to join the arrangements, whatever those are, in a process of bargaining away to achieve whatever happen to be the objectives of the Government of the day?

[James Brokenshire]

I do not concede that. The UK has very clear legal protections; indeed the way in which we opted out of a number of pre-existing justice and home affairs measures shows the clear approach of this Government in upholding what is in the UK’s best interests. I have been very explicit this afternoon in highlighting that we judge that being part of the relocation mechanism is not in the interests of the UK.

Immigration Bill

Debate between Steve Baker and James Brokenshire

Monday 25th April 2016 Commons Chamber

[James Brokenshire]

No, I do not. That is why it is right that we are providing financial aid and assistance in that area. I will come on to deal specifically with that support to underline the important commitment that this country is giving.

[Mr Steve Baker (Wycombe) (Con)]

A few minutes ago, my right hon. Friend mentioned the actions of our European partners. Can he give the House an indication of how this Government’s actions compare with those of our European neighbours?

[James Brokenshire]

When we look at all these different aspects of our involvement—our aid assistance, the work of our resettlement programmes, which I will come on to shortly, the support we are giving in Europe, and the steps we are taking against smugglers and people trafficking networks with the taskforces that we have set up—we see that we can take very great credit in terms of the work that this country has done and continues to do. It is that focus that we will continue to bring to this issue. We know that the vulnerable and those most in need and most at risk may be best helped here in the UK. We launched the Syrian vulnerable person resettlement scheme to resettle 20,000 people over the course of this Parliament. Well over 1,000 people have been resettled to date, around half of whom are children. That means that, in the next four years, several thousand more children will be resettled in the UK under the Syrian scheme, but as I said in my statement of 28 January, we want to do more, especially for children most in need of support. That is why, last week, I announced a new resettlement scheme for children at risk. That initiative will be the largest resettlement effort to focus on children at risk from the middle east and north Africa region—children who might otherwise attempt their own perilous journeys to Europe and the UK.

We have worked closely with the UNHCR to design a scheme that will protect the most vulnerable children, resettling up to 3,000 people over the lifetime of this Parliament, the majority of whom will be children if the UNHCR deems it to be in their best interests. Children who are identified as at risk will be resettled with their family members or carers where appropriate. The scheme will not be limited to any particular nationality or group, which will allow us to assist the most vulnerable children whoever they are.

The UNHCR is fully supportive of the launch of this new initiative and the UK’s commitment to assist vulnerable refugee children at risk through further resettlement efforts that uphold the principles of child protection.

Data Retention and Investigatory Powers Bill

Debate between Steve Baker and James Brokenshire

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

We have kept the Northern Ireland Executive up to speed with the proposals, sending them details and setting out our legal analysis. As this is a reserved matter, we have a slightly different relationship than might otherwise be the case if it were a devolved matter. I hope that that is helpful. It is important to state the benefits of the clause and the regulations that will sit underneath it in respect of the whole of the United Kingdom. It has effect in Northern Ireland, Wales, Scotland and England, and will be instrumental in guarding our security and bringing those who may harm us to justice. I recognise the particular interests that have, understandably, been raised by representatives from across the United Kingdom.

The clause creates a power for the Secretary of State to give notices to communications service providers requiring them to retain relevant communications data. As my right hon. Friend the Home Secretary has made clear, the Bill does not enable the retention of any data that cannot already be retained by communications service providers under the existing data retention regulations.

[Steve Baker (Wycombe) (Con)]

Clause 1(2)(b) states that it will

“require the retention of all data or any description of data”.

Should the Bill have said, “require the retention of all communications data or any description of communications data”? As drafted, it seems broad and completely open to interpretation.

[James Brokenshire]

My hon. Friend needs to understand that clause 1(2) is framed in the context of clause 1, which makes it clear that it relates to “relevant communications data”. It has to be read in the context of the interrelationship between clause 1(2) and clause 1(1), which I think provides the necessary clarification and context.

The Secretary of State may give a notice only where she considers the retention requirements are necessary and proportionate for one or more of the purposes set out in RIPA. These include national security, preventing or detecting crime, and the interests of public safety. The clause also enables the Secretary of State to make regulations that will replace the existing data retention regulations. Those regulations will, among other things, set out the process for serving a data retention notice and the safeguards that must be put in place to protect the data. To give Parliament the opportunity to scrutinise the details of our proposals, we have published a provisional draft of the regulations. They are available in the Vote Office and have been made more widely available.

Justice and Security Bill [Lords]

Debate between Steve Baker and James Brokenshire

Thursday 7th March 2013 Commons Chamber

[Steve Baker]

Not for the first time I have made common cause with a well-known Member from the left of the Labour party, and I am grateful that on this occasion I have done that for the first time with the hon. Member for Walsall North (Mr Winnick). I was also grateful for the support from my hon. Friend the Member for Altrincham and Sale West (Mr Brady), who brings to bear his experience from the Wright Committee.

Some of the arguments against these elections have been somewhat ingenious, and I shall treasure Hansard tomorrow when I look at the remarks of the right hon. and learned Member for North East Fife (Sir Menzies Campbell), who I think brilliantly set out the advantages of appointment over democracy. I shall look at that with some joy. We have all understood what the Bill provides; it certainly takes us forward although, as I have said, I would prefer the Chair to be elected in the way that I outlined. I am glad we have held this debate and aired the issue.

The Opposition have said that this provision puts the cart before the horse, but they did acknowledge the context, which is crucial. We have seen encroachments on the principles of liberty and justice, which many of us thought we were sworn to defend. However, in the view of this Government, and the previous Government, such measures have proven necessary to protect the public, and we are where we are. With that in mind, and having listened to both Front-Bench speakers, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 1

The Intelligence and Security Committee of Parliament

[James Brokenshire]

I beg to move amendment 56, in schedule 1, page 16, line 31, leave out ‘(6)’ and insert ‘(5)’.

Protection of Freedoms Bill

Debate between Steve Baker and James Brokenshire

Monday 19th March 2012 Commons Chamber

[Steve Baker]

When I look at Lords amendments 16 to 18, my instinct is certainly to support them, but after many, many hours in Committee with my hon. Friend the Minister, I know that he has a thoroughgoing commitment to progress towards liberty, so I assure him of my future support for simplifying powers of entry. As I have said previously to my right hon. Friend the Home Secretary, who is in her place, when the knock comes on the door, householders should be able to know whether the person knocking has a right to enter, or whether they are permitted to refuse entry. However, having sat through both the Public Bill Committee’s evidence sessions and heard contributions from Opposition Members, I know that the Minister has met the forces of reaction. I encourage him not to succumb to reactionary opposition or to the notion that certain powers should be elevated over liberty in the interests of security or expediency. I am confident that he will be steadfast in the cause of liberty, so I will support the Government.

[James Brokenshire]

I rise to respond briefly to a number of the points raised. Let me assure my hon. Friends the Members for North East Somerset (Jacob Rees-Mogg), for Ipswich (Ben Gummer) and for Wycombe (Steve Baker) of this Government’s commitment and resolve to roll back the arms of the state that may seek to intrude into private life.

The measures before the House this afternoon are important. They underpin our focus on ensuring that powers of entry are proportionate, appropriate and respect the right to be able to enjoy one’s home without undue interference. The House will also recognise, however, that there are certain circumstances in which such intervention might be appropriate—to protect health, to prevent harm or to ensure that criminals are legitimately brought to justice. That is why we are undertaking the review that I have outlined this afternoon.

I assure the right hon. Member for Leicester East (Keith Vaz) that I understand his desire to get on with this. We have said that we will report back to the House on a six-monthly basis, and I anticipate that that will involve a joint report on behalf of all the relevant parts of the Government Departments undertaking the review, to provide an update on the progress and the steps that are being taken. We intend the review to be Home Office-led and it will be undertaken in large measure by officials, but they will be responsible to Ministers, and I assure the House that Ministers will be driving the process forward, recognising the House’s strong feelings about the importance of liberty.

It was a bit rich of the right hon. Member for Delyn (Mr Hanson) to suggest that we were trying to kick this matter into the long grass and to defer or delay it. On the contrary, we are legislating through the Bill, we are taking action and we are setting out a clear process to roll back powers of entry, which grew enormously under the last Government. The fact that 600 new powers of entry were created during their period in office underlines the fact that due regard was not given to the implications of those measures. I am proud that this Government are introducing a clear mechanism to review the impact of powers of entry and the necessity of their remaining on the statute book or being made subject to further safeguards. The measures in the Bill will allow that to be done.

I very much welcome the support that has been expressed by right hon. and hon. Members on both sides of the House this afternoon. I know that the right hon. Member for Delyn will want to ask what target we have set, but I hope he has realised that we are not a Government who arbitrarily set targets. We will look at this matter in a measured, considered way and decide what is in the best interests of liberty and the protection of freedoms in relation to safety and security, as well as of the freedom from the intrusion of an overbearing state.