Covert Human Intelligence Sources (Criminal Conduct) Bill — House of Commons, 2020-10-05
Topic: Law and Crime
Nicklaus Thomas-Symonds (Labour, Centre-left): I am grateful to the Minister for his opening speech, and for his briefings and approach to this Bill. He has been generous with his time and I appreciate that First, I thank our police and security services, the National Crime Agency and wider law enforcement for the work they do in keeping us safe. Those on the frontline put themselves in danger every day to help others, to protect us and to prevent loss of life. That work is vital and in the national interest, and we thank them for what they do on our behalf. We on the Opposition Benches recognise the importance of that work, and of covert human intelligence sources and the results they achieve. The issue is how we ensure that vital work continues, but on a statutory footing and with the strong safeguards that are also vital I have listened carefully to what our law enforcement agencies have said about covert human intelligence sources. The Minister referenced the director general of MI5, who has said that "Since March 2017, MI5 and Counter Terror Police have together thwarted 27 terror attacks." His judgment was that "Without the contribution of human agents, be in no doubt, many of these attacks would not have been prevented." To be clear, that activity is saving lives by stopping terrorist attacks on people I have also considered the wider data available, particularly on the National Crime Agency. In 2018, for example, covert human intelligence operations disrupted threats to life, arrested serious criminals, seized thousands of kilograms of class A drugs, safeguarded over 200 vulnerable people, and took firearms and rounds of ammunition off the streets. I also appreciate the role that covert human intelligence sources play in addressing heinous crimes such as child sexual exploitation, and organised crime such as black markets in, among other things, vital medicine. We on the Opposition side of the House recognise the importance of that work At the same time, though, that work has not been on a statutory footing. Frankly, it should be, alongside formal safeguards. This activity is not new; it has been going on under existing practices for many years, and it should be on a statutory footing because that will allow for the necessary and robust safeguards that we on the Opposition Benches will be pressing for. It should be on a consistent and clear basis, and a system with clear protections should be in place. As we put this system on to a statutory footing, it is a moment to be clear about what we expect of those engaged in this conduct and the standards we should set; as this Bill passes through the House, it is a moment to detail not just those standards, but how we expect them to be implemented. That is why we in the Opposition will not be voting against this Bill tonight, but feel it should move to Committee for consideration and improvement I know that there are deep concerns about the safeguards in this Bill and it is to that crucial issue I now turn. The matters we are dealing with today are difficult for any Parliament; they are deep and serious questions for any democratic society, and raise critical issues that the Government will need to address as the Bill progresses through the House and the other place. It is crucial, too, that there is public confidence in what our security services and other agencies that use covert human intelligence sources actually do with regard to authorised criminal conduct. I entirely accept that an agent embedded in a proscribed organisation is committing an offence every day by virtue of being part of it, but is doing so for the purpose of thwarting plots and stopping greater loss of life. I appreciate that, but it is still vital that the wider framework under which they operate has trust and confidence.