Key Facts

• Amendment 20 proposes changes to page 1, line 18 of the Bill.
• The proposed changes are aimed at excluding conduct authorised under section 29B from lawful surveillance provisions.
• The amendment seeks to provide civil redress for victims affected by crimes authorised under this Bill.
• Amendments proposed cover aspects such as judge approval, restrictions on activities, judicial review, and protection of journalistic material.
• New clause ensures the ISC is informed about criminal conduct authorizations by intelligence services annually.
• Proposes prohibition of authorizations related to trade union actions or blacklisting.
• Requires approvals from judges for certain types of authorizations.
• Ensures protections for children, vulnerable individuals, and victims of modern slavery in granting authorizations.
• The Government faced legal challenges in the Investigatory Powers Tribunal.
• Amendment 14 aims to require that it is 'reasonably' believed rather than merely 'believed' that authorising criminal conduct is necessary and proportionate.
• The Bill allows covert human intelligence sources to operate overseas under section 27(3) of the Regulation of Investigatory Powers Act 2000.
• There are 22 Members on the call list.
• Nigel Evans suggests self-limiting speeches for efficiency.
• The Bill allows certain circumstances where state agents may break criminal law or cause harm.
• There is concern about proper oversight and parliamentary scrutiny of such powers.
• Amendment 20 deals with the exclusion of civil liability for innocent victims caught in incidents.
• The speaker suggests putting adherence to the Human Rights Act on the face of the Bill.
• Amendments and new clauses seek to protect diverse communities, trade unions, and political protest rights.
• The Human Rights Act places limits on state actions under the Bill.
• There are 70 pages of guidance for current covert operations.
• Over 3,000 trade unionists have been blacklisted since 1968.
• More than 1,000 organisations have been spied on by undercover police.
• Amendments seek to remove certain grounds for authorisation like 'preventing disorder' and the 'interests of economic well-being.'
• Amendment 13 aims to exempt serious crimes such as murder, torture, and rape from powers in the Bill.
• Davis references the murder of Pat Finucane in 1989 and David Cameron's apology for UK state collusion.
• Lord Ken Macdonald’s intervention is noted, criticising the logic behind certain legal provisions as akin to 'Soprano-watching'.
• Sir Desmond de Silva concluded that limits on agent involvement in criminal enterprises are necessary.
• The Intelligence Services Act 1994 established the Intelligence and Security Committee.
• A legal suit is ongoing against the Government regarding access to rendition and torture cases.
• Amendment 13 aims to put hard limits on criminal conduct authorised by officers, specifically prohibiting murder, torture, serious bodily harm, sexual assault, and other heinous crimes.
• The Bill addresses criminal conduct related to covert human intelligence sources.
• A legal challenge in the High Court resulted in updated guidance for using children as CHIS.
• In recent years, 17 children across 11 jurisdictions were used as CHIS.
• Section 10 and section 11 of the Children Act 2004 require consideration of safety, welfare, and wellbeing when tasking juvenile CHIS.
• The debate centres around new clause 8 which aims to protect children and vulnerable individuals.
• There are concerns that guidance alone may not be sufficient to prevent exploitation.
• The MP provides an example involving a 17-year-old girl who was sexually exploited while involved in an investigation.
• Since March 2017, MI5 and counter-terrorism police have thwarted at least 27 terror attacks.
• In 2018, the National Crime Agency disrupted over 30 threats to life, seized more than 3,000 kg of class A drugs, safeguarded more than 200 people, and removed nearly 100 firearms and 4,000 rounds of ammunition.
• Between 2017 and 2019, HMRC prevented hundreds of millions of pounds in tax loss with one case alone saving over £100 million.
• The Bill has been rushed through with only a few hours allocated for Committee stage discussion.
• Cooper supports amendments that focus on independent checks, such as Labour Front-Bench amendment 7 proposing prior judicial authorisation and amendment 18 by the right hon. Member for Orkney and Shetland proposing a prosecutorial approach.
• The scope of the legislation needs clarity regarding its impact on organisations like the Food Standards Agency, Department of Justice, Gambling Commission, HMRC, and Health and Social Care Department.
• The Bill aims to place statutory footing for the state’s power to authorise CHIS committing offences.
• Concerns were raised about insufficient safeguards and oversight measures in the current bill.
• New clause 3 would not duplicate the role of the Investigatory Powers Commissioner but add scrutiny on scale and categorisation.
• New clause 3 would require the Secretary of State to provide the number and categories of authorisations under the CHIS code.
• There is a precedent in the Investigatory Powers Act 2016 for similar provisions.
• The Minister for Security has proposed amending the CHIS code of practice to highlight the role of the ISC.
• The Mitting inquiry into undercover policing operations is ongoing since 2018.
• Over 1,000 groups have been infiltrated by the police over the past few years.
• Corbyn mentions amendments proposed by his colleagues to address accountability and authorisation issues.
• Dan Carden raised a point of order about the rearrangement of speaking positions.
• The right hon. Member for North Durham (Mr Jones) was allowed to move forward due to him speaking to his new clause.
• The change does not affect when Dan Carden is scheduled to speak.
• The Bill aims to provide a legal framework for covert human intelligence sources.
• Jones supports new clause 3 proposed by the Intelligence and Security Committee for better oversight.
• The guidance accompanying the Bill is strong and robust, according to Jones.
• The Bill permits state agents to commit crimes to prevent disorder or harm to economic wellbeing.
• There is no independent judicial oversight included in the Bill.
• Guidance accompanying the Bill does not limit its scope effectively, according to Carden.
• The Bill aims to give protection to individuals who go undercover to infiltrate criminal groups.
• There is disappointment over the lack of movement from the Government on improvements regarding oversight and safeguards.
• New clause 3 proposes annual review by the Intelligence and Security Committee every 12 months.
• Amendment 7 seeks judicial warrant for criminal authorisation orders.
• Amendments 9 and 10 aim to exclude trade unions from being targets of such acts.
• The speaker indicates support for new clause 3.
• Discussion includes concerns about the Human Rights Act and potential authorisation of actions that fall foul of it.
• Amendments covering a total list of issues are considered unhelpfully drafted.
• The Bill aims to put pre-authorisation of covert surveillance on a statutory footing.
• Concerns exist over potential human rights abuses authorized under current provisions.
• Amendments are proposed to limit criminal conduct allowed by undercover agents.
• Amendments 25, 23, and 22 aim to require judicial authorization and limit types of crimes that can be authorized.
• New clause 6 seeks to protect confidential journalistic sources from identification without prior judicial authorisation.
• Canada prohibits serious offences like murder and torture in its intelligence service guidelines.
• The US Attorney General's guidelines ban FBI agents from participating in violent acts except for self-defense.
• Since 2017, 27 terror plots have been uncovered and attacks foiled.
• Last year, covert human intelligence sources helped to disrupt 30 threats to life.
• Amendment 11 intends to create a rigorous framework for assessing proportionality before granting criminal conduct authorisation.
• Amendment 10 aims to exclude the activities of trade unions from requiring criminal conduct authorisations.
• The Canadian intelligence services' legislation sets clear legal limits on crimes agents can become involved in, unlike the current UK Bill.
• Covert human intelligence sources (CHIS) play a crucial role in preventing serious crimes such as terrorism, drugs offences, firearms offences, and child sexual exploitation.
• The Bill aims to put CHIS activities on a clear statutory footing to ensure Parliament’s intentions are recognised.
• Prior judicial approval is not supported by the Government as it risks the effective operation of CHIS capabilities.
• The Bill includes new section 29B(5)(b) and (c).
• Existing provisions within the Investigatory Powers Act are reflected in the language used.
• Regular and thorough inspections by an Investigatory Powers Commissioner will be conducted to ensure compliance with the law.
• The UK is bound by obligations under international human rights law.
• James Brokenshire has written to the Intelligence and Security Committee Chair, Dr Lewis, committing to provide requested information.
• No barrier exists under the Bill for affected persons seeking judicial review of decisions made by public authorities.
• The Bill recognises threats to economic wellbeing through cyber-attacks on critical infrastructure.
• There are concerns about using juvenile or vulnerable individuals as informants in undercover operations.
• Undercover officers cannot form intimate sexual relationships with their targets and such conduct is not authorised.
• A new clause was proposed in the Covert Human Intelligence Sources (Criminal Conduct) Bill.
• The clause sought to limit criminal conduct authorisations concerning trade unions or their members/officers acting on behalf of collective bargaining, trade disputes, or lawful objects.
• The clause was negatived with 255 Ayes and 314 Noes during Committee stage.