Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Commons, 2021-02-24
Topic: Law and Crime
Apsana Begum (Labour, Centre-left): I rise to speak on Lords amendments 3B and 4B to 4J. While there are improvements to the legislation, I would like to reaffirm on record that I continue to be utterly astounded at the chilling gravity and significance of this piece of legislation, which seeks to decriminalise criminal conduct by intelligence and undercover agents, representing another departure from the recognised rules of domestic and international law Amendments 4B to 4J provide safeguards where children and vulnerable individuals who are involved in criminality become covert human intelligence sources. However, I would have liked this to go much further and, in particular, include safeguards for ethnic minorities, protest movements and trade unions in particular. The amendments outline that no criminal conduct authorisation can be made for a source who is under the age of 18 or is a vulnerable individual unless in exceptional circumstances, yet human rights and the rights of children are absolute in my mind, and I am not sure what circumstance could possibly render this fundamental principle secondary As a Muslim growing up in east London, I have experienced the well documented rise in Islamophobia and the steady erosion of civil rights, including the installation of cameras on street corners and increased surveillance. Our communities are too often seen not as citizens worthy of equality and respect, but as a threat viewed with hostility and suspicion. Indeed, Prevent has been widely criticised for fostering discrimination against people of Muslim faith or background. It was developed without firm evidence, and is rooted in a vague and expansive definition of extremism, including overt targeting of Muslim children in schools, which has meant that our Muslim young people in particular are being increasingly viewed through the lens of security. I fear that, as currently drafted, amendments 4B to 4J, while a moderate improvement, do not provide the safeguards for ethnic minority children. They will not protect my constituents from what they increasingly feel to be the lawlessness of undercover agents, which makes our communities feel less safe The use of undercover police posing as protesters, committing crimes and provoking violence, including violent responses from the authorities, has been discussed in the public domain in recent years in relation to Black Lives Matter protests, actions on climate change and G20 demonstrations. Lords amendment 3B seeks to ensure that innocent victims are able to seek compensation from the Criminal Injuries Compensation Authority. Throughout its passage, this Bill has triggered alarm bells for trade unions and justice campaigns such as the Orgreave Truth and Justice Campaign, which fear that these latest draconian powers could be used to interfere with the legitimate activities of trade unions. The deployment of agents provocateurs to commit and incite criminal activity, misconduct, malpractice and corruption during the miners’ strike has been well documented—the idea being to sabotage and destroy from within. Lords amendment 3B, while an improvement, falls far short of providing innocent victims with the right to seek justice To conclude, it is because I believe in a free and democratic society that I have opposed this Government’s authoritarianism with all my might. Our police and security services should exist to uphold the rule of law, not to break it. Human rights are absolute. The amendments today, despite their relative merit, are unable to counter- balance this legislation’s unprecedented breach of this essential principle.