Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Baroness Ritchie of Downpatrick and Baroness Morris of Bolton

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 24th November 2020 Lords Chamber

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

I have received no requests to speak after the Minister, so I now call the noble Baroness, Lady Ritchie.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

This has been a very interesting, albeit short, debate. My anxieties have not necessarily been dissipated by the Minister’s answer. I would like to examine Hansard before deciding whether to bring the amendment back on Report, because there are issues around human rights provisions and European human rights provisions as well.

The noble Lord, Lord Thomas of Gresford, outlined the various types of offences that can occur, and asked if the Government were sanctioning those activities outside the UK. The noble Baroness, Lady McIntosh of Pickering, asked about the unintended consequences and if there were extraterritorial consequences. The noble Baroness, Lady Jones of Moulsecoomb, talked about state agents being used outside the territorial remit of the UK and the impact on diplomatic relations. The noble Baroness, Lady Chakrabarti, talked about the sensitivities associated with this legislation and the use of RIPA, particularly in the context of extraterritorial initiatives. In Northern Ireland and Ireland, the Good Friday agreement and human rights and equalities provisions have to be respected.

This is a significant issue for diplomatic relations. I am afraid that the Minister answered the question solely in terms of the devolved Administrations; I was asking about consultations with the Republic of Ireland and, therefore, acts of criminality that could be sanctioned by the Government outside the UK territory in Ireland itself. I did not get a satisfactory answer to that.

The amendment in the name of the noble Baroness, Lady Hamwee, is similar to mine and is directed to the same issue—how RIPA allows extraterritorial offences, how that presents issues of ethics and how these extraterritorial provisions will be exercised. Both the noble Baroness, Lady Hamwee, and the noble Lord, Lord Thomas of Gresford, referred to rendition, which obviously will be subject to other legislative provision and is not covered by this legislation. The noble Lord, Lord Rosser, dealt with overseas criminality and authorisations for that.

I will withdraw the amendment but, on reading Hansard, I may come back on Report to explore this matter further because I am not satisfied with the answers that I have received. I beg leave to withdraw the amendment.