Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Lords, 2021-01-11
Topic: Law and Crime
Shami Chakrabarti (Labour, Centre-left): My Lords, I am grateful to the noble Lord, Lord Paddick, for putting the argument for my Amendment 11, which is supported by him and the noble Baronesses, Lady Ritchie of Downpatrick and Lady Jones of Moulsecoomb. I intend to press that amendment Forgive me, but I am not being rhetorical here: I do not think this amendment should be controversial in substance. I think the only difference between the Minister and me on this issue will be on whether the amendment is necessary to deliver my intention or whether the protection already exists in the legislation I shall briefly make the argument to the Minister. One of the grounds for authorising criminal conduct in what will become Section 29B is "in the interests of the economic well-being of the United Kingdom" We have just said that that belief must now be reasonable. Let us say that I work for one of the security agencies or indeed a police force, and I take the view that a particular environmental movement proposes the most extreme measures in the fight against climate change and that the agenda promoted by this organisation—perhaps not today but in five years’ time—is so extreme a green position that it will severely damage the economic interests of the United Kingdom. I also perhaps believe that, while that movement is yet to become extreme in its direct action, that may well happen in future, and I believe that it is in the economic and possibly even the national security interests of the United Kingdom to head this movement off at the pass and discredit it in the public eye before the damage is done Therefore I authorise an agent—a CHIS—to commit crime, not because it is necessary to keep their cover but to discredit the organisation, which to date has not been involved in violence or anything that is actually criminal. As the noble Lord, Lord Paddick, put it, I then authorise a crime. The agent commits a crime, and the undercover agent is the only person in that group who has committed a crime, but the crime has such consequences that it discredits that peaceful protest movement in the eyes of the media, the public and the Government. It possibly justifies if not a criminal prosecution then perhaps the banning of that organisation. Article 6, and criminal court rules against entrapment and so on, will not help because there is no trial It seems to me that currently in the Bill there is nothing to prevent an agent provocateur who is used to incriminate peaceful protest. This is not an academic issue; it is an issue of grave concern to trade unions, the environmental movement, the Black Lives Matter movement and others involved in peaceful dissent. This has been a problem in our country and elsewhere in the world throughout the history of peaceful protest, so I urge the Minister to consider accepting the amendment. It would do no violence to the stated intentions of her policy or the legislative scheme that she is intending to pass Finally, I echo the kind words of my noble friend Lord Rosser towards James Brokenshire, who may be in the other House but whom I have experience of being in very heated debates with for the media. He is a kind and gentle man worthy of this House who could teach a lot of us a few things about tone and civility. I am sure that I join the whole House, remote and present, in sending thoughts and prayers and every possible good wish for his speedy and complete recovery.