Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Commons, 2020-10-05
Topic: Law and Crime
Julian Richard Smith (Conservative, Centre-right): I support the Bill, and I congratulate the Security Minister on bringing his practical knowledge from many years to guiding the Bill through the House. I want to make four brief points on the security services This Bill makes the ongoing function explicitly clear in law, but it is really important that we fully understand that there are already very clear processes in place regarding agent handling and how they interact with criminal acts. As the third direction hearing and adjudication by the Investigatory Powers Tribunal showed, no further powers were required. It was just a win—it was 3-2—but the IPT said that it was lawful. The 2018 Investigatory Powers Commissioner report, which is well worth reading, confirms that there is adequate guidance in place within MI5 regarding agent handling and that the then Prime Minister directed the commissioner to ensure that that guidance was being enforced. The report also points to the quality of applications by MI5 for the use of CHIS, noting that there are strong controls already in place The second point is that this Bill builds on an already rigorous oversight regime for our intelligence services. This stringent control environment has developed over many years, but the Investigatory Powers Act 2016 established a new single oversight body. The Investigatory Powers Commissioner has had a transformative impact on the level of oversight on all aspects of intelligence gathering. As IPCO’s annual reports show, the double lock on warrantry applications, for example, involves detailed interaction between the authorising Secretary of State and their officials, and IPCO and its judicial commissioners. Anybody who has been involved in the process will know that it is a very strong double lock. The Investigatory Powers Tribunal, which is independent of Government, provides a further independent appeal route, which is available to all at no cost The third point, with regard to CHIS, agents and criminality, is that this is an area of intelligence-gathering activity that is invariably difficult to manage in the same way as other intelligence gathering—for example, warrantry —is. We cannot hope to micromanage such activity from this House. The House and colleagues have to take comfort from the initiatives of the Intelligence and Security Committee, the application of the European convention on human rights to CHIS activity, and the role of independent commissioners to provide rigorous oversight. The Bill is clear that these powers do not give carte blanche to agents. The Crown Prosecution Service can still consider prosecutions for activities that fall outside those that have been authorised Finally, it is vital to note, as my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), the former Secretary of State for Northern Ireland, has just stated, that the Bill is not retrospective and will not impact on any historical investigation The women and men in our intelligence agencies, and those who supervise and work with them, work behind the scenes, are never publicly recognised. They are civil servants of the highest quality and integrity, and I believe the Bill will further strengthen their ability to do their work.