Covert Human Intelligence Sources (Criminal Conduct) Bill — Report (2nd Day) — Amendment 24 — 13 Jan 2021 at 18:37

Moved by Baroness Kidron

24: Clause 1, page 3, line 16, at end insert-“29C Criminal conduct authorisations: granting to children and vulnerable sources (1) This section applies when the source is-(a) under the age of 18,(b) a vulnerable individual, as defined in subsection (5), or(c) a victim of modern slavery or trafficking, as defined in subsection (6). (2) No criminal conduct authorisations may be granted for a source to whom subsection (1) applies unless the authorising officer believes that exceptional circumstances apply that necessitate the authorisation.(3) Where a criminal conduct authorisation is granted for a source to whom subsection (1) applies, the arrangements referred to in section 29(2)(c) of this Act must be such that there is at all times a person holding an office, rank or position with a relevant investigating authority who has responsibility for ensuring that an appropriate adult is present at all meetings between the source and a person representing any relevant investigating authority.(4) In subsection (3) “appropriate adult” means-(a) the parent or guardian of the source;(b) any other person who has for the time being assumed responsibility for his or her welfare; or(c) where no person falling within paragraph (a) or (b) is available and deemed appropriate, any responsible person aged 18 or over who is neither a member of nor employed by any relevant investigating authority.(5) A “vulnerable individual” is a person who by reason of mental disorder or vulnerability, other disability, age or illness, is or may be unable to take care of themselves, or unable to protect themselves against significant harm or exploitation.(6) A “victim of modern slavery or trafficking” is a person who the relevant investigating authority believes is or may be a victim of trafficking as defined by section 2 of the Modern Slavery Act 2015 (human trafficking), or exploitation as defined by section 3 of that Act (meaning of exploitation).(7) The “exceptional circumstances” in subsection (2) are circumstances-(a) where authorisation of the criminal conduct authorisation is necessary and proportionate considering the welfare of the covert human intelligence source;(b) where, if the covert human intelligence source is under 18, the relevant investigating authority has determined in its assessment that the criminal conduct authorisation remains compatible with and does not override the best interests of the covert human intelligence source;(c) where all other methods to gain information have been exhausted; and(d) where the relevant investigating authority has determined in its assessment that the source to whom subsection (1) applies will not be at risk of any reasonably foreseeable harm (whether physical or psychological) arising from the criminal conduct authorisation.(8) Where a person grants a criminal conduct authorisation to anyone specified in subsection (1), that person must give notice of that authorisation to the Investigatory Powers Commissioner.(9) A notice under subsection (8) must-(a) be given in writing;(b) be given as soon as reasonably practicable, and in any event within seven days of the grant; and(c) include the matters specified in subsection (10).(10) Where a person gives notice under subsection (8) in respect of the granting of a criminal conduct authorisation, the notice must specify-(a) the grounds on which the person giving the notice believes the matters specified in section 29B(4) are satisfied;(b) the conduct that is, or is to be, authorised under section 29B(8); and(c) the reasons for believing that “exceptional circumstances” as set out in subsections (2) and (7) apply.”

Ayes 339, Noes 235.

Debate in Parliament |

Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop4 015.4%
Con13 20884.0%
Crossbench74 1349.7%
DUP4 1100.0%
Green2 0100.0%
Independent Labour1 0100.0%
Judge5 150.0%
Lab137 276.8%
LDem80 092.0%
Non-affiliated18 945.8%
PC1 0100.0%
UUP0 150.0%
Total:339 23570.5%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

Baroness Altmann Conaye
Lord Bourne of AberystwythCon (front bench)aye
Lord Cormack Con (front bench)aye
Baroness Fall Con (front bench)aye
Lord Garnier Con (front bench)aye
Lord Hodgson of Astley AbbottsCon (front bench)aye
Lord Kirkhope of HarrogateCon (front bench)aye
The Earl of LiverpoolConaye
Lord Lucas Con (front bench)aye
Baroness McIntosh of PickeringCon (front bench)aye
Lord Randall of UxbridgeConaye
Baroness Warsi Conaye
Lord Young of CookhamCon (front bench)aye
Lord Cameron of DillingtonCrossbench (front bench)no
Lord Carlile of BerriewCrossbenchno
Lord Carrington Crossbenchno
Lord Chartres Crossbench (front bench)no
The Earl of Cork and OrreryCrossbench (front bench)no
The Earl of ErrollCrossbenchno
Lord Grabiner Crossbenchno
Lord Green of DeddingtonCrossbenchno
Baroness Meacher Crossbench (front bench)no
Lord Powell of BayswaterCrossbench (front bench)no
Lord Smith of KelvinCrossbenchno
Lord Thurlow Crossbench (front bench)no
Viscount Waverley Crossbenchno
Lord Dodds of DuncairnDUPno
Lord Brown of Eaton-under-HeywoodJudge (front bench)no
Lord Rooker Lab (minister)no
Lord West of SpitheadLab (minister)no
Baroness Fox of BuckleyNon-affiliatedno
Lord Gadhia Non-affiliatedno
Lord Kalms Non-affiliatedno
Lord Lupton Non-affiliatedno
Lord Moore of EtchinghamNon-affiliatedno
Baroness Stuart of EdgbastonNon-affiliatedno
Lord Taylor of WarwickNon-affiliatedno
Lord Tyrie Non-affiliated (front bench)no
Lord Walney Non-affiliatedno

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