Covert Human Intelligence Sources (Criminal Conduct) Bill

Steve McCabe Excerpts

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

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I welcome plans to place these activities on a statutory footing. I doubt that any of us can feel comfortable about criminal actions undertaken at the behest of the state, but it is naive in the extreme to pretend that we do not live in a world where undercover operations are necessary. The reality is that we need people to carry out these activities, often in great secrecy and sometimes outside the law, as it stands. The question is surely whether such actions are sanctioned, controlled and approved, or involve rogue elements in a very opaque area. I admire those whose actions keep us safe, and I am only too aware of the risks and temptations that might face individuals embedded in alien environments for long periods. Any legislation must ensure maximum supervision by controllers and handlers.

I want to be sure that the Bill ends up legitimising conduct which is necessary. I recall the dissatisfaction with the Regulation of Investigatory Powers Act 2000 as it became apparent that many more agencies were using it to snoop in a way that had not really been envisaged during its passage and that had little to do with security. I acknowledge that the Bill extends beyond national security and covers crime, fraud and other abuses, but we need legislation that is narrow in scope and tightly controlled. We need a presumption against criminal acts unless absolutely necessary and, at all times, behaviour that is proportionate. I want to be certain that the doubts raised by Amnesty that the Bill could end up providing informers and agents with a licence to kill, are wrong. I want to know that, in accordance with section 9.3 of the code of practice, all material obtained through the authorisation of a CHIS is subject to proper safeguards and any breaches properly reported. We need to be certain, as section 2.12 of the code highlights, that appropriate care will be taken to ensure that it is clear what is and is not authorised, and that all CHIS activities are properly risk assessed. I also wonder if 12 months is the appropriate period.

It seems to me that the Bill can be improved to address those matters. Some items that appear in the code and other safeguards might be better on the face of the Bill. Like others, I want to be clear that what we legitimatise is consistent with this country’s obligations under the European convention on human rights and the Human Rights Act. At a time when this House is grappling with some Ministers appearing unduly relaxed about breaking the law, we must be certain that this Bill does not weaken respect for the law, or risk creating a two-tier system with laws for ordinary citizens from which members of Government agencies are exempt. We must know this country will abide by the highest ethical standards, no matter how inconvenient it might sometimes be. We have to know there is no intention of legitimising routine law breaking. I feel we need further assurances about control and supervision, and more about the nature of reporting to the Intelligence and Security Committee and the Investigatory Powers Commissioner. We also need guarantees about further opportunities for Parliament, if the Bill makes it on to the statute book, to scrutinise how it works in practice.

There are those who say we should oppose the Bill on Second Reading. For me, that would mean voting against the principle of a Bill that tries to clarify what is already a very murky area. I believe it is in our interests to try to achieve a viable piece of legislation, but it would be a dereliction of duty if we did not seek to improve the Bill and the safeguards around covert operations. I want legislation that is effective, ethical and does what it says on the tin. The Bill needs improvement and I hope that, if it receives a fair wind tonight. the Government will approach the next stage with an open mind, because that is in everyone’s interests.