Covert Human Intelligence Sources (Criminal Conduct) Bill — Second Reading — 5 Oct 2020 at 21:30

The majority of MPs voted to enable the authorisation of criminal conduct by undercover police officers, other public officials working undercover, and members of the public recruited by public bodies as covert sources.

A majority of MPs voted to enable certain public bodies to authorise criminal conduct by their covert human intelligence sources.

The motion supported by a majority of MPs in this vote was:

• That the Bill be now read a Second time.

The Bill provides for a statutory power for the security and intelligence agencies, law enforcement agencies and a limited number of other public authorities including the Department of Health and Social Care and the Environment Agency to authorise Covert Human Intelligence Sources (CHIS) - who may be volunteer agents or staff - to participate in criminal conduct where it is necessary and proportionate to do so for a limited set of specified purposes.^[1][2][3]

The explanatory notes to the Bill^[3] state: "The activity that will be authorised under the Bill is not new activity. It is a continuation of existing practice that is currently authorised using a variety of legal bases". The notes refer to "an existing provision in RIPA for the authorisation of very limited criminal conduct, where it is incidental to the CHIS’s use and conduct" and state: "other public authorities rely on a combination of express, implied and common law powers."

The explanatory notes to the Bill^[3] state: "The effect of a criminal conduct authorisation issued under the Bill regime will be to render the authorised conduct “lawful for all purposes”", though that statement is not contained within the Bill itsself.

• [1] Parliament's webpage on the Covert Human Intelligence Sources (Criminal Conduct) Bill
• [2] Covert Human Intelligence Sources (Criminal Conduct) Bill, dated 23 September. As introduced and as at the time of the vote.
• [3] Explanatory notes to the Covert Human Intelligence Sources (Criminal Conduct) Bill, dated 23 September.

Debate in Parliament |