Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between John Hayes and James Brokenshire

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

[James Brokenshire]

This has been a very informed, considered and thoughtful debate on the various amendments to the Bill that have been tabled for consideration. As right hon. and hon. Members will know, covert human intelligence sources play a crucial part in preventing, and safeguarding the public from, many very serious crimes, including terrorism, drugs and firearms offences, and child sexual exploitation and abuse. In performing that role, it is essential that they can build credibility and gain the trust of those under investigation. At times, that may mean they have to commit criminality in order to maintain that cover.

I hear very clearly the points that have been made about needing to see those powers put on an express legal basis. Indeed, that is the essence of what this Bill is all about. It puts that on a clear statutory footing, putting beyond doubt Parliament’s intentions on the matter. From the contributions we have heard on all sides of the House, I think that that point is recognised—the seriousness of that and its implications for our own security in ensuring that the capability is maintained in order to keep us safe in the future, as it has done in the past, but also recognising the need for confidence in and assurance about how those agencies that act to protect us do so in an appropriate way.

Let me deal with the various amendments, because I do want to make as much progress on that as possible, and where I can I will give way to right hon. and hon. Members in doing so. First, in that context, there is the issue of oversight. The Government’s priority is to provide these public authorities with the powers they need to keep the public safe, while also ensuring that there are appropriate safeguards. This is the balance that the Bill seeks to provide. We do not believe that prior judicial approval, as proposed in amendment 7 and new clause 7, strikes that balance, as it risks the effective operation of the capability. This is a point we discussed at length on Second Reading. There are ways in which we can provide that safeguard and assurance, and prior judicial approval is not the only way to provide effective oversight of investigatory powers.

Members may find it helpful if I set out in more detail why this capability is different from other powers, such as interception or equipment interference. Put simply, human beings are more complex. Any decision on how to use a CHIS has immediate real-world consequences for that covert human intelligence source and the people around them. This requires deep expertise and close consideration of the personal strengths and weaknesses of the individual, which then enables very precise and safe tasking. These are not decisions that have the luxury of being remade. It is even more critical than for other powers that these decisions are right and are made at the right time.

[Sir John Hayes]

Is not the plain truth of the matter that if we define the role and method of those whose mission is to keep us safe who are covertly operating on our behalf, we will, among those they have infiltrated, make known what they are doing and possibly who they are, putting their lives at risk? Is not the principal power and the pivotal power of Government to protect their people? Indeed, it is the defining power of the state.

[James Brokenshire]

My right hon. Friend makes a very powerful and important point about the issues at stake here. That is why we judge that there is, of course, a need for robust oversight to give confidence and to ensure that the powers available here are done in the right way, and we judge that the proposals in the amendments do not achieve that and actually have an impact on the operational effectiveness of what is needed.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between John Hayes and James Brokenshire

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

[James Brokenshire]

I am grateful to my right hon. Friend for his intervention. Again, I intend to draw out this point during my contribution in the House this evening. He rightly highlights the import and implication of the Human Rights Act and what that then imports in terms of the convention rights, which we are clear provide restrictions and inhibitions on how agencies are able to operate.

[Sir John Hayes (South Holland and The Deepings) (Con)]

rose—

[Mr David Davis (Haltemprice and Howden) (Con)]

rose—

[James Brokenshire]

I will give way twice more and then get into some of the important details that I know right hon. and hon. Members would like me to address.

[Sir John Hayes]

The point surely is that as well as proportionality and necessity, the Bill is particular about specificity, so that those matters that lie outside the specific permission can be challenged in court and can indeed lead to prosecutions. That specificity is at the heart of this measure.

[James Brokenshire]

I am grateful to my right hon. Friend for that point. The issue of specifici—I cannot even say it; I shall settle for saying the specific authorisations that are granted. They are tightly bound and that is important. That is why we published the guidance that sits alongside the operationalisation of the Bill at the same time as the Bill—to give that sense of confirmation and clarity on how it will operate.