Covert Human Intelligence Sources (Criminal Conduct) Bill

The Covert Human Intelligence Sources (Criminal Conduct) Bill is a public bill currently before the Parliament of the United Kingdom.[1] The bill is also referred to as the ‘Spy Cops Bill’ – a reference to the UK undercover policing relationships scandal.

Covert Human Intelligence Sources (Criminal Conduct) Bill
Long titleMake provision for, and in connection with, the authorisation of criminal conduct in the course of, or otherwise in connection with, the conduct of covert human intelligence sources
Introduced byPriti Patel, Secretary of State for the Home Department (Commons)
Territorial extentEngland & Wales, Northern Ireland, Scotland
Other legislation
AmendsRegulation of Investigatory Powers Act 2000
Status: Not passed
History of passage through Parliament
Text of statute as originally enacted

The Bill seeks to amend the Regulation of Investigatory Powers Act 2000 to permit the carrying out of certain criminal acts by authorities in the United Kingdom. The relevant authorities are defined in Part A1, including police forces, the intelligence services, the armed forces, Revenue and Customs, and certain government departments.[1] The government stated that the Bill was drafted in response to a court ruling in December 2019 which permitted, in a marginal decision, MI5 and other agencies to commit serious crimes.[2]

Criticism and concerns

The Bill is opposed by a number of political organisations and NGOs, including the international human rights advocacy organisation Amnesty International, the Green Party, Scottish National Party, Sinn Féin, and some Labour and Liberal Democrat MPs.[3][4] In a statement, Amnesty International said:[5]

It’s hugely worrying that we’re a step closer to seeing this deeply dangerous bill become law. MPs are signing off on a licence for government agencies to authorise torture and murder.

Giving such disturbing powers to bodies including MI5 and the police could have devastating impacts.

We are now urging peers who care about the rule of law to introduce urgent amendments before the bill progresses further through Parliament.

The Guardian ran an editorial against the bill, largely because the bill is "unfit for purpose".[6] The Morning Star also ran an editorial against the Bill, saying "Even the equivalent legislation in the United States rules out torture and murder, yet nothing is ruled out in this Bill."[7] Lord Macdonald of River Glaven, who served as director of public prosecutions from 2003 to 2008, called for explicit limits on the crimes covered by the Bill.[8] Reprieve's director Maya Foa said: "Our intelligence agencies do a vital job in keeping the country safe, but there must be common sense limits to their agents' activities, and we hope MPs will ensure these limits are written into the legislation."[9] Privacy International director and legal office Ilia Siatitsa added: "The public has a right to know what type of criminal acts MI5’s policy authorises in the UK. That's why we're fighting them in court. The new Bill does not alleviate these concerns."[9]

The general secretaries of 14 trade unions and a number of campaign groups, including Reprieve, the Pat Finucane Centre, the Orgreave Truth and Justice Campaign, Hillsborough Justice Campaign and Justice 4 Grenfell, released a joint statement expressing their concerns over the bill.[10]

Progress through Parliament

Rather than opposing the government, the Labour Party ordered its MPs to abstain on the vote. Labour's Shadow Security Minister Conor McGinn said that the Bill "addresses a vital issue" of "provid[ing] a clear lawful framework for the use of human intelligence sources", however also highlighted Labour's concerns of potential of the powers in the Bill to be misused.[11]

However, the Socialist Campaign Group of MPs rebelled and voted against the Bill on its second reading.[12] The Bill passed a vote on its second reading in the House of Commons on 5 October 2020 by 182 votes to 20.[13] Of the 20 votes against the Bill, 17 were from Labour MPs, 2 were from Plaid Cymru MPs and one was from SDLP Leader Colum Eastwood.[13]

On the third reading of the Bill, on 15 October 2020, 34 Labour MPs rebelled against the order to abstain, including Shadow Ministers Dan Carden and Margaret Greenwood and five parliamentary private secretaries who all resigned from their frontbench roles. The Bill's third reading passed by 313 votes to 98.[14]

When the Bill reached the House of Lords in January 2021, Peers defeated the government by passing two amendments: to curtail use of children, and to stop informants participating in the worst crimes such as murder and rape. A third amendment by Shami Chakrabarti seeking to prevent immunity for undercover agents was defeated after the Labour leadership chose to abstain.[15] The defeats by the House of Lords mean that the amendments will return in due course to the Commons.

References
  1. "Covert Human Intelligence Sources (Criminal Conduct) Bill - Government Bill". Bills.Parliament.UK. Retrieved 5 October 2020.
  2. Bowcott, Oliver (20 December 2019). "MI5 policy allowing informants to commit serious crimes ruled lawful". The Guardian. Retrieved 5 October 2020.
  3. Jones, Jenny. "We pay police to uphold the law, not break it". Green World. Green Party. Retrieved 19 October 2020.
  4. "Undercover police and MI5 agents to be permitted to commit crimes". Scottish Legal News. 25 September 2020. Retrieved 6 October 2020.
  5. Allen, Kate (15 October 2020). "UK: MPs vote through 'deeply dangerous' Covert Human Intelligence Sources Bill" (Press release). London: Amnesty International UK. Archived from the original on 22 October 2020. Retrieved 22 October 2020.
  6. "The Guardian view on covert human intelligence sources: draw a line". The Guardian. London: Guardian Media Group. 11 October 2020. Retrieved 12 October 2020.
  7. "Editorial: The Covert Intelligence Sources Bill is an authoritarian power-grab". Morning Star. Retrieved 6 October 2020.
  8. Hamilton, Fiona (5 October 2020). "Call to rein in law that lets MI5 informants commit crimes". The Times. Retrieved 6 October 2020.
  9. Cowburn, Ashley (24 September 2020). "Boris Johnson to unveil legal protections for intelligence agents committing crimes while undercover". The Independent. Retrieved 6 October 2020.
  10. "Unions, MPs and campaigners release joint statement on CHIS 'spycops' bill". Labour List. 13 October 2020.
  11. McGinn, Conor. "Voting down the CHIS bill would weaken national security and human rights". LabourList. Retrieved 30 October 2020.
  12. Waugh, Paul (5 October 2020). "Has Keir Starmer's 'Strong On Security' Stance Found Its Limits On The Covert Sources Bill?". Huffington Post. Retrieved 6 October 2020.
  13. "Covert Human Intelligence Sources (Criminal Conduct) Bill". Hansard. Retrieved 6 October 2020.
  14. Heffer, Greg (16 October 2020). "Sir Keir Starmer hit by series of Labour resignations over Covert Human Intelligence Sources Bill". Sky News. Retrieved 16 October 2020.
  15. Sabbagh, Dan (13 January 2021). "Lords inflict two defeats on government over 'spy cops' bill". The Guardian.
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