Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Commons, 2020-10-05
Topic: Mixed Topics
Maria Frances Lewis Miller (Conservative, Centre-right): The hon. Gentleman could argue that point from completely the opposite side, because by in some way bringing into question whether this piece of legislation will be treated like all other pieces of legislation—in other words, that a Minister will authorise it only if it is compliant, under the Human Rights Act, with sections of the European convention on human rights—I think he actually brings the whole thing into question; probably unintentionally, of course Going back to the point that I was making, what will be done differently? First, the Bill briefing note provides some detail on what might be done differently, but there is room for perhaps a little more, perhaps in Committee or beyond. The Bill provides detail on training for authorising officers about the way this new legislation would work, but absolutely no mention is made of training for the agents themselves. Given the problems of the past, can the Minister outline more fully what training agents receive on awareness, knowledge and expertise in the application of the Human Rights Act? I think many Members could do with some training on that at certain stages, because it is incredibly complex, and compliance with the European convention on human rights adds even more complexity Secondly, in 2016 the College of Policing published "Undercover policing: Authorised Professional Practice", which is national guidance for officers. It would be helpful if the Minister updated the House on the status of that guidance, and whether any further operational guidance is envisaged for agents who will be under this new legislation. Covert human intelligence has an impact on many vulnerable people in society, and particularly women who may have had intimate sexual relations with undercover officers. Is the Minister reviewing the effectiveness of the way that policy impact is assessed to ensure that these sorts of blatant breaches are caught more quickly and, drawing on what my right hon. and learned Friend the Member for Kenilworth and Southam said, caught right away, rather than at a point in the future? The 70-page code of practice that accompanies the Bill is welcome, but perhaps a little unwieldy. How will the intent behind this Bill be turned into practice for agents on the ground Finally, if errors are made or agents do not follow the rules, there needs to be a clear and transparent pathway of redress for victims. What is that pathway for victims: what path would they follow under this legislation, and how is it different from what went before? All legislation we pass in this place is authorised by Ministers on the proviso that it accords with the provisions in the Human Rights Act and the European convention on human rights—this goes to the point made by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle)—but mention has been made of the defence used by the Government previously in apparently carving out the actions of agents as being separate from the rules applying to public authorities. We have heard an explanation of that already in the debate today, but I think more clarity on that would be helpful when we think about building confidence both within the Chamber and beyond In conclusion, I fully support the Bill before us today, and there is a great deal of merit in what the Government are attempting to do. I again pay tribute to all those in our security services who work to help keep us safe. This legislation will put on a firmer footing the protocols within which they work and the safeguards that are there to ensure those provisions work as we intend them to do, which is to bring criminals to justice. Governance, security and oversight will not diminish this Bill; they will strengthen it to give it the full confidence of this House and the people we represent.