Covert Human Intelligence Sources (Criminal Conduct) Bill

Theresa Villiers Excerpts

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

[Nick Thomas-Symonds (Torfaen) (Lab)]

I am grateful to the Minister for his opening speech, and for his briefings and approach to this Bill. He has been generous with his time and I appreciate that.

First, I thank our police and security services, the National Crime Agency and wider law enforcement for the work they do in keeping us safe. Those on the frontline put themselves in danger every day to help others, to protect us and to prevent loss of life. That work is vital and in the national interest, and we thank them for what they do on our behalf. We on the Opposition Benches recognise the importance of that work, and of covert human intelligence sources and the results they achieve. The issue is how we ensure that vital work continues, but on a statutory footing and with the strong safeguards that are also vital.

I have listened carefully to what our law enforcement agencies have said about covert human intelligence sources. The Minister referenced the director general of MI5, who has said that

“Since March 2017, MI5 and Counter Terror Police have together thwarted 27 terror attacks.”

His judgment was that

“Without the contribution of human agents, be in no doubt, many of these attacks would not have been prevented.”

To be clear, that activity is saving lives by stopping terrorist attacks on people.

I have also considered the wider data available, particularly on the National Crime Agency. In 2018, for example, covert human intelligence operations disrupted threats to life, arrested serious criminals, seized thousands of kilograms of class A drugs, safeguarded over 200 vulnerable people, and took firearms and rounds of ammunition off the streets. I also appreciate the role that covert human intelligence sources play in addressing heinous crimes such as child sexual exploitation, and organised crime such as black markets in, among other things, vital medicine. We on the Opposition side of the House recognise the importance of that work.

At the same time, though, that work has not been on a statutory footing. Frankly, it should be, alongside formal safeguards. This activity is not new; it has been going on under existing practices for many years, and it should be on a statutory footing because that will allow for the necessary and robust safeguards that we on the Opposition Benches will be pressing for. It should be on a consistent and clear basis, and a system with clear protections should be in place. As we put this system on to a statutory footing, it is a moment to be clear about what we expect of those engaged in this conduct and the standards we should set; as this Bill passes through the House, it is a moment to detail not just those standards, but how we expect them to be implemented. That is why we in the Opposition will not be voting against this Bill tonight, but feel it should move to Committee for consideration and improvement.

I know that there are deep concerns about the safeguards in this Bill and it is to that crucial issue I now turn. The matters we are dealing with today are difficult for any Parliament; they are deep and serious questions for any democratic society, and raise critical issues that the Government will need to address as the Bill progresses through the House and the other place. It is crucial, too, that there is public confidence in what our security services and other agencies that use covert human intelligence sources actually do with regard to authorised criminal conduct. I entirely accept that an agent embedded in a proscribed organisation is committing an offence every day by virtue of being part of it, but is doing so for the purpose of thwarting plots and stopping greater loss of life. I appreciate that, but it is still vital that the wider framework under which they operate has trust and confidence.

[Theresa Villiers (Chipping Barnet) (Con)]

Does the hon. Gentleman agree that Members of this House, when considering this Bill, should take comfort from the fact that we have one of the most rigorous and toughest oversight regimes in the world for regulating our intelligence services?

[Nick Thomas-Symonds]

I of course welcome the oversight that has been introduced for our intelligence services; the situation is very different from how it was in decades past. However, that does not detract from the additional safeguards that are needed in this specific Bill.

Under the Bill as it stands—I am quoting, because I want to press the Minister on this point—authorisations for participation in criminal conduct may only be granted

“if it is necessary (a) in the interests of national security; (b) for the purpose of preventing or detecting crime or of preventing disorder; or (c) in the interests of the economic well-being of the United Kingdom.”

The Government need to be clear about what is within the scope of that framework. It cannot and should not encompass any lawful activity, nor should we allow mission creep in the years ahead.

I hope the Minister would agree that a Bill such as this one should have no business whatsoever interfering with the legitimate and lawful work of our trade union movement, which is a cornerstone of our democracy and a bastion of rights. I welcome what the Minister said in answer to an intervention—that trade union activity is legitimate and lawful and therefore is not within the ambit of the Bill—but some concerns have been expressed that the words I quoted referring to economic interests could refer to the legitimate work of trade unions. I would welcome it if the Solicitor General, when he responds to the debate, could repeat the Minister’s assurance that trade unions are not meant to come within the ambit of those words.

In addition to the test of necessity, the authorisation may be granted only where it is

“proportionate to what is sought to be achieved by”

the conduct. I welcome and note the test of necessity and proportionality. Nothing should be authorised in contravention of the European convention on human rights, to which I will return in a moment. But first the Government must justify the need for each and every agency and body listed in the Bill—what powers, what purpose. Nobody expects details on ongoing investigations—of course we do not—but a sense of the type of issues expected to arise is crucial to enable the House to consider that list properly and whether the presence of the organisation on the list is necessary.

In answer to an intervention from the right hon. Member for Orkney and Shetland (Mr Carmichael), who is no longer in his place, the Minister mentioned, with regard to the Food Standards Agency, mislabelling and unsafe food. We need more detail on that and the links to organised and serious crime. Similarly, the Gambling Commission is another example, and it is absolutely clear as to why that is on the list. I do not propose to go through the list one by one; suffice it to say that each and every one needs to be justified.

--- Later in debate ---

[Theresa Villiers (Chipping Barnet) (Con)]

On 12 February 1989, the solicitor Pat Finucane was shot 14 times as he sat down for dinner with his wife and three children in his home in north Belfast. He died in front of them, and his wife Geraldine was seriously injured as well. The 2012 review of the case by Sir Desmond de Silva, QC, concluded that two agents of the state, Brian Nelson and William Stobie, were heavily involved in that brutal killing. This was a truly shocking finding, albeit that Sir Desmond concluded that there was no overarching state conspiracy to kill Mr Finucane. David Cameron issued an apology on behalf of the Government to the Finucane family, one of whom was of course elected to this House last year.

I am afraid this case shows the horrific consequences that can result where decisions about agents are handled badly, where clear and binding rules are not in place for handling covert human intelligence sources, and where proper oversight and accountability is not in place. But I can assure the House that, during my time as Northern Ireland Secretary, I saw the clearest of evidence that modern police and security forces are utterly transformed since the appalling events that were the subject of the De Silva review. That is especially true of agent handling and the legal framework that governs it now. What I saw at first hand as Secretary of State was that today’s police and intelligence services have a rigorous focus on compliance with legal and human rights requirements in all aspects of intelligence gathering, including the use of agents, so that is why I support the Bill this evening.

Agents, as others have pointed out, provide invaluable information and play a crucial role in disrupting terrorist plots and serious crime. The simple fact is that we would become far more vulnerable to, for example, Islamist terrorist attacks if the intelligence services could no longer effectively use agents. More people would fall victim to terrorist attack. Certainly, the nature of the organisations these agents infiltrate unfortunately means that sometimes it is simply impossible for them to remain in place and provide information without some involvement in criminality. I wish this were not the case, but I would provide the reassurance that we already have one of the toughest and most comprehensive oversight regimes in the world for regulating our intelligence services.

This Bill will put that on an even clearer statutory footing by confirming the rules on authorisation of agent criminal activity. The core principle underlying all our laws regulating intelligence gathering is that activities can be carried out only if they are both necessary and proportionate, and under this Bill, that golden thread will continue to run through our rules on the use of agents and authorising criminal behaviour.

While there are horrific legacy cases such as those of Brian Nelson and William Stobie, there have been hundreds and hundreds of other men and women who have been agents whose story is very different. These are men and women who have put their lives at risk to provide information to help the police and security services; men and women who have saved many lives, but whose bravery has to remain unacknowledged and untold for their own safety. We will never know their names, and we will never hear their stories in this House, but for their sake and in order to ensure that we can continue to combat the lethal threats we face from terrorism and serious crime, I urge this House to back this Bill in the Division Lobby this evening.