Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Commons, 2020-10-05
Topic: Law and Crime
John Henry Hayes (Conservative, Centre-right): That is certainly true, as my hon. Friend will know that I was once responsible for overseeing the Prevent programme and indeed introduced the Prevent duty. Extremism of all kinds that leads to violence and threatens life and limb needs to be countered. The mechanisms we use to do so are common to all those who seek, in my earlier words, to maim and murder us When I guided the Investigatory Powers Bill through this House as the Security Minister, I learned that infiltration is a vital tool for our security and intelligence agencies to penetrate terrorist groups. Those brave enough to do so must be credible to those they need to trust them, so it is axiomatic that they must look and sound like those they live among and do as they do. Put simply, if they are to be believed to be a gang member, they need to act like a gang member. If they fail to convince those they infiltrate, it is no exaggeration to say they may be killed—indeed, that is the essence of undercover agents’ work The Bill, as has been emphasised repeatedly, provides a clear legal basis for that long-standing, invaluable covert tactic, which enables the detection and discovery of crucial, critical intelligence that other investigative tools might never detect. We have heard, as I have said repeatedly, that 27 terrorist attacks have been averted, in part because of interception and infiltration. Preventing those atrocities has saved real lives of individuals loved and known, who live today thanks to the tireless work of our police and intelligence services Of course there must be accountability and scrutiny, as I recognised during the passage of the Investigatory Powers Bill, in which we introduced the double lock to which my right hon. Friend the Member for Skipton and Ripon (Julian Smith) has drawn the House’s attention. We also established the Investigatory Powers Commissioner and, indeed, the Investigatory Powers Tribunal. It is critical that we look at things in a way that reassures members of the public that powers are used only where necessary and proportionate, as the Minister emphasised. Our standards must be maintained as we struggle with threats from those who have no meaningful ethical standards As well as being proportionate and necessary, the security agencies’ test for all their work, as the right hon. Member for North Durham (Mr Jones) pointed out, is that the particularity of any criminal endeavour entered into must—as the Bill makes clear—be specific, limited and detailed in permission granted. Where the objective can be secured without criminal activity, it will be; criminal activity will apply only where there is no other credible alternative. It is essential that it be limited to only the activity specifically authorised in the criminal conduct authorisation granted exclusively by highly trained and experienced officers. Moreover, there will be effective scrutiny, with authorisations overseen by the independent Investigatory Powers Commissioner, the ISC kept informed of the use of CCAs, and the tribunal able to investigate any complaints against public authorities’ use of the power Reasonableness is defined by the bitter reality of our continuing struggle against the individuals and groups whose defining purpose is to do us harm. It is my estimation that as terrorists become more adaptable and flexible and as terrorism itself metamorphoses, we will need to look again at the power, resources and legal means by which those whom we wish to keep us safe do their work. Historically, major pieces of legislation have gone through this House perhaps every decade or a little more, but I suspect that we will legislate more often as terrorism changes, particularly as a result of the changing nature of communications and other technology We must resource and equip the brave men and women who put themselves at great risk in our interest to keep us safe and to safeguard our way of life. To legislate to give them the much-needed powers provided by the Bill is both timely and, most of all, it is reasonable.