UK Parliament / Open data

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate on bills on Monday, 5 October 2020, in the House of Commons, led by James Brokenshire. The answering members were Michael Ellis and Nick Thomas-Symonds.
Second reading. Reasoned amendment not selected. Main question agreed to on division (182 to 20). Programme motion relating to proceedings on committal, in Committee, on consideration and up to and including third reading, agreed to on question.

About these Parliamentary proceedings

Reference

681 cc434-20 

Session

2019-21

Legislative stage

Second reading

Chamber / Committee

House of Commons chamber
Covert Human Intelligence Sources (Criminal Conduct) Bill 2019-21
Thursday, 24 September 2020
Bills
House of Commons

Proceeding contributions

Nigel Evans | 681 c652 (Link to this contribution)

I inform the House that I have not selected the reasoned amendment.

6.2 pm

James Brokenshire | 681 c652 (Link to this contribution)

I beg to move, That the Bill be now read a Second time.

This legislation is being introduce...


Show all contributions (135)
Stephen Doughty | 681 c652 (Link to this contribution)

The Minister knows how seriously I take these matters and the equipping of our security services ...

James Brokenshire | 681 c653 (Link to this contribution)

I hope I will be able to respond to the hon. Gentleman during my speech, underlining some of the ...

Alistair Carmichael | 681 c653 (Link to this contribution)

The Minister has reeled off an impressive number of statistics, which justify the use of CHIS ope...

James Brokenshire | 681 c653 (Link to this contribution)

The right hon. Gentleman is drawing me on to talk about some of those wider bodies. I will addres...

Andrew Mitchell | 681 c653 (Link to this contribution)

We have had discussions on the points of concern to me, and my right hon. Friend has given answer...

James Brokenshire | 681 c653 (Link to this contribution)

I am grateful to my right hon. Friend for his intervention. Again, I intend to draw out this poin...

James Brokenshire | 681 c653 (Link to this contribution)

I will give way twice more and then get into some of the important details that I know right hon....

John Hayes | 681 c653 (Link to this contribution)

The point surely is that as well as proportionality and necessity, the Bill is particular about s...

James Brokenshire | 681 c654 (Link to this contribution)

I am grateful to my right hon. Friend for that point. The issue of specifici—I cannot even say it...

David Davis | 681 c654 (Link to this contribution)

I hear what my right hon. Friend says about the Human Rights Act, but the defence that the Govern...

James Brokenshire | 681 c654 (Link to this contribution)

I know that my right hon. Friend, rightly, takes these issues incredibly seriously. The issues we...

Stewart Hosie | 681 c654 (Link to this contribution)

Will the Minister give way before he moves on?

James Brokenshire | 681 c654 (Link to this contribution)

I would quite like to answer the previous intervention before I give way again, and I need to mak...

Stewart Hosie | 681 c654 (Link to this contribution)

On the point that the Minister just made in relation to the Human Rights Act, proposed new sectio...

James Brokenshire | 681 c655 (Link to this contribution)

The hon. Gentleman makes an interesting point. Some may argue that the inclusion of those words w...

James Brokenshire | 681 c655 (Link to this contribution)

If the hon. Lady will allow me, I will make some further progress, but I will allow her to interv...

Julian Lewis | 681 c655 (Link to this contribution)

Can the Minister explain one difference between the situation that has applied in the past and th...

James Brokenshire | 681 c656 (Link to this contribution)

The right hon. Gentleman, the Chair of the Intelligence and Security Committee, makes an importan...

Steve Baker | 681 c656 (Link to this contribution)

One of the problems that the Government have today is that, for those of us who like the red meat...

James Brokenshire | 681 c656 (Link to this contribution)

I will come on to that issue—this is why, although I wanted to give way to many Members, I wanted...

James Brokenshire | 681 c656 (Link to this contribution)

I will give way to the hon. Lady, who has been very patient.

Bell Ribeiro-Addy | 681 c656 (Link to this contribution)

The Minister has talked about practices that are already permitted, but does he appreciate that t...

James Brokenshire | 681 c657 (Link to this contribution)

The hon. Lady makes a serious point. First, there is no retrospective effect—it is quite importan...

Chris Stephens | 681 c657 (Link to this contribution)

On the previous intervention, there are real concerns about women who are seeking legal redress f...

James Brokenshire | 681 c657 (Link to this contribution)

I can certainly say that there are clearly ongoing inquiries in relation to this important and se...

Yvette Cooper | 681 c657 (Link to this contribution)

Does the Minister agree that sexual assault and rape are clearly prohibited by article 3 of the H...

James Brokenshire | 681 c657 (Link to this contribution)

Obviously there is the specific reference on the face of the Bill that I have alluded to, and the...

James Brokenshire | 681 c658 (Link to this contribution)

I will give way one last time and then make further progress.

Maria Miller | 681 c658 (Link to this contribution)

I thank the Minister; he is being very generous. He has been clear that sexual assaults on women ...

James Brokenshire | 681 cc658-9 (Link to this contribution)

I have drawn out the separate regime that operates in relation to the authorisation of, for examp...

Stephen Doughty | 681 c659 (Link to this contribution)

I am listening very carefully to what the Minister is saying, but will he be clear? This is all p...

James Brokenshire | 681 c659 (Link to this contribution)

I have been pretty clear about the way this Bill operates and the manner in which agencies and th...

David Davis | 681 c659 (Link to this contribution)

What my right hon. Friend has described is, in effect, a wish not to provide a terrorist checklis...

James Brokenshire | 681 c660 (Link to this contribution)

I am happy to respond to that point specifically. We are not suggesting that there is routine tes...

Julian Smith | 681 c660 (Link to this contribution)

Does my right hon. Friend agree that the independent commissioner, established under the 2016 Act...

James Brokenshire | 681 c660 (Link to this contribution)

Yes, and I am grateful to my right hon. Friend for making that point. With his experience as a fo...

James Brokenshire | 681 c660 (Link to this contribution)

I will give way, but this is probably the last time as I am conscious of time and of getting othe...

Liz Saville Roberts | 681 c660 (Link to this contribution)

In the 2018 report by the Investigatory Powers Commissioner, one of the issues that raised concer...

James Brokenshire | 681 cc660-1 (Link to this contribution)

The right hon. Lady makes an important point about training and about ensuring that the high stan...

James Brokenshire | 681 c661 (Link to this contribution)

I am very conscious that I am now eating into the time of others who may wish to speak, so I will...

James Brokenshire | 681 c661 (Link to this contribution)

On that note, I give way to the Chair of the Home Affairs Committee.

Yvette Cooper | 681 cc661-2 (Link to this contribution)

I am very grateful to the Minister, who has been very generous with his time. Clearly he makes th...

James Brokenshire | 681 c662 (Link to this contribution)

Obviously, we will have continued debate during the passage of the Bill. I believe that it provid...

Andrew Mitchell | 681 c662 (Link to this contribution)

I am grateful to my right hon. Friend, who is being generous. At what level will the original aut...

James Brokenshire | 681 cc662-3 (Link to this contribution)

I have responded to the latter point on the judgment that we have made in relation to this regime...

Steve Baker | 681 c663 (Link to this contribution)

Will the Minister allow me, before he finishes?

James Brokenshire | 681 c663 (Link to this contribution)

I will, for one final time, then I will wrap up.

Steve Baker | 681 c663 (Link to this contribution)

I am extremely grateful. He mentioned the armed forces very briskly there. Could he clarify why t...

James Brokenshire | 681 c663 (Link to this contribution)

My hon. Friend highlights one particular aspect of the role of the Ministry of Defence. It is dif...

Nick Thomas-Symonds | 681 cc663-4 (Link to this contribution)

I am grateful to the Minister for his opening speech, and for his briefings and approach to this ...

Theresa Villiers | 681 c664 (Link to this contribution)

Does the hon. Gentleman agree that Members of this House, when considering this Bill, should take...

Nick Thomas-Symonds | 681 c665 (Link to this contribution)

I of course welcome the oversight that has been introduced for our intelligence services; the sit...

Lord Beamish | 681 c665 (Link to this contribution)

As a member of the Intelligence and Security Committee, I have seen how the security services con...

Nick Thomas-Symonds | 681 c666 (Link to this contribution)

I was relieved to have the reassurance that my right hon. Friend’s experience did not involve him...

David Davis | 681 c666 (Link to this contribution)

Does the hon. Gentleman agree that, by not specifying in terms, the Government are inviting a cha...

Nick Thomas-Symonds | 681 c666 (Link to this contribution)

The right hon. Gentleman is absolutely right. If the Bill does not have those safeguards on its f...

Julian Smith | 681 c667 (Link to this contribution)

In its legal adjudication on the third direction earlier this year, a majority on the Investigato...

Nick Thomas-Symonds | 681 c667 (Link to this contribution)

The right hon. Gentleman refers to the Investigatory Powers Commissioner, an issue to which I wil...

Stephen Doughty | 681 c667 (Link to this contribution)

My hon. Friend is making an excellent speech. I understand that one of the filings that the Gover...

Nick Thomas-Symonds | 681 c667 (Link to this contribution)

I agree entirely with my hon. Friend, both on the Canada model and on the point, which I put to t...

David Davis | 681 c667 (Link to this contribution)

The Government should not rest too hard on an IPT judgment. It is normal in these intelligence ov...

Nick Thomas-Symonds | 681 cc667-670 (Link to this contribution)

No, and the right hon. Gentleman illustrates precisely the point I am making. That is why the pos...

David Davis | 681 c668 (Link to this contribution)

I also declare an interest: a member of my family was blacklisted. This concern is not confined t...

Nick Thomas-Symonds | 681 c668 (Link to this contribution)

I am grateful for the right hon. Gentleman’s support in that matter, and I am happy that the Mini...

Bell Ribeiro-Addy | 681 c668 (Link to this contribution)

From listening to the arguments that have been made, it strikes me that the Bill is presumably in...

Nick Thomas-Symonds | 681 cc668-671 (Link to this contribution)

I certainly would never use divisive rhetoric about those before our courts who are protecting pe...

Baroness Laing of Elderslie | 681 c671 (Link to this contribution)

I am going to start with a time limit of nine minutes, which is advisory. I put on a time limit o...

Julian Lewis | 681 cc671-2 (Link to this contribution)

Thank you, Madam Deputy Speaker. I shall endeavour to set a good example.

Both Front Benche...

Richard Thomson | 681 cc672-4 (Link to this contribution)

Allow me to begin by placing on the record my party’s gratitude to the agencies covered by the Bi...

Sarah Owen | 681 c673 (Link to this contribution)

I thank we all understand and agree that keeping the public safe often means difficult decisions,...

Richard Thomson | 681 c673 (Link to this contribution)

I thank the hon. Lady for that intervention. She makes a number of important points, and we will ...

David Davis | 681 c673 (Link to this contribution)

I am following with interest what the hon. Gentleman has to say, and, unusually, though he is an ...

Richard Thomson | 681 c675 (Link to this contribution)

I thank the right hon. Gentleman for that intervention, and he makes the point very elegantly. If...

Mark Pritchard | 681 cc675-6 (Link to this contribution)

I would like to put on record my thanks to all those who serve in our security agencies—they keep...

Diana Johnson | 681 cc676-7 (Link to this contribution)

I am very pleased to be called this evening to make a short contribution in this Second Reading d...

Bob Stewart | 681 cc677-8 (Link to this contribution)

I am in awe of the constant, cold courage of those who run huge risks for us as covert human inte...

Gavin Robinson | 681 cc678-9 (Link to this contribution)

It is a pleasure to take part in this debate, Madam Deputy Speaker, and I am grateful to be calle...

Baroness Laing of Elderslie | 681 c679 (Link to this contribution)

Order. I hope that the hon. Gentleman will be very careful about matters to which he refers and i...

Gavin Robinson | 681 cc679-680 (Link to this contribution)

I hope you appreciate, Madam Deputy Speaker, that not only do I agree entirely with you but I hav...

Baroness Laing of Elderslie | 681 c680 (Link to this contribution)

Order. Just to confirm, I am certain that the hon. Gentleman has no intention of saying anything ...

Gavin Robinson | 681 c680 (Link to this contribution)

Thank you, Madam Deputy Speaker. The point that I was making has been made, so I see no need to r...

Theresa Villiers | 681 cc680-1 (Link to this contribution)

On 12 February 1989, the solicitor Pat Finucane was shot 14 times as he sat down for dinner with ...

Lord Beamish | 681 cc681-2 (Link to this contribution)

In the fast-moving electronic age that we live in, I think there is a misunderstanding that someh...

Rehman Chishti | 681 c682 (Link to this contribution)

With regard to the appropriate checks and balances and the need for authorisation to be proportio...

Lord Beamish | 681 cc682-3 (Link to this contribution)

The hon. Gentleman raises a good point about proportionality, which is key. Clearly the authorisi...

Julian Smith | 681 cc683-4 (Link to this contribution)

I support the Bill, and I congratulate the Security Minister on bringing his practical knowledge ...

Alistair Carmichael | 681 cc684-6 (Link to this contribution)

It is a pleasure to follow the right hon. Member for York Outer (Julian Sturdy), who made a chara...

Robert Neill | 681 cc686-7 (Link to this contribution)

It is a pleasure to follow the right hon. Member for Orkney and Shetland (Mr Carmichael) and my r...

James Brokenshire | 681 c687 (Link to this contribution)

I appreciate the contribution that my hon. Friend, the Chair of the Justice Committee, is making ...

Robert Neill | 681 c687 (Link to this contribution)

I understand the spirit in which my right hon. Friend makes that point. I suspect that many of th...

Alistair Carmichael | 681 c687 (Link to this contribution)

Is not another factor that comes into play after necessity and proportionality human nature? It i...

Robert Neill | 681 cc687-8 (Link to this contribution)

To my shame, I was once instructed to prosecute a list of television licence enforcements in the ...

Steve McCabe | 681 cc688-9 (Link to this contribution)

I welcome plans to place these activities on a statutory footing. I doubt that any of us can feel...

Jeremy Wright | 681 cc689-691 (Link to this contribution)

It is a great pleasure to follow the hon. Member for Birmingham, Selly Oak (Steve McCabe) and to ...

Claire Hanna | 681 cc691-3 (Link to this contribution)

Like others, while acknowledging that regulation of covert human intelligence sources should be o...

Apsana Begum | 681 cc693-4 (Link to this contribution)

Madam Deputy Speaker, thank you for calling me to speak in this important debate. Like many other...

Lord Beamish | 681 c694 (Link to this contribution)

I am sorry, but the hon. Lady obviously does not know the way in which covert agents are working....

Apsana Begum | 681 c694 (Link to this contribution)

I take the point, but I believe that under the HRA a prosecution cannot currently be brought, so ...

Apsana Begum | 681 cc1470-9 (Link to this contribution)

I will make progress. This legislation seeks to allow the state legally to act with impunity in i...

John Hayes | 681 cc1479-1487 (Link to this contribution)

Following the hon. Member for Poplar and Limehouse (Apsana Begum) reminds me of how much we miss ...

Rehman Chishti | 681 c1487 (Link to this contribution)

Like my right hon. Friend, I fully support the Bill going through. He mentioned the Daesh-inspire...

John Hayes | 681 cc696-7 (Link to this contribution)

That is certainly true, as my hon. Friend will know that I was once responsible for overseeing th...

Liz Saville Roberts | 681 cc1495-9 (Link to this contribution)

It is an honour to follow the right hon. Member for South Holland and The Deepings (Sir John Haye...

Lord Beamish | 681 c1499 (Link to this contribution)

I agree that explaining the Bill to the public is very difficult. We therefore need to have the s...

Liz Saville Roberts | 681 cc1500-698 (Link to this contribution)

That is a very fair point, which we have discussed to a considerable degree. None the less, there...

Lloyd Russell-Moyle | 681 c698 (Link to this contribution)

Does the right hon. Member agree that it is all well and good having oversight after the effect, ...

Liz Saville Roberts | 681 cc1503-4 (Link to this contribution)

Professional intent, although very laudable in certain circumstances, in this instance could well...

Maria Miller | 681 cc1504-700 (Link to this contribution)

It is a great pleasure to follow the right hon. Member for Dwyfor Meirionnydd (Liz Saville Robert...

Lloyd Russell-Moyle | 681 c700 (Link to this contribution)

I wonder whether the right hon. Lady agrees that the Bill is partly about enabling self-restraint...

Maria Miller | 681 cc1508-701 (Link to this contribution)

The hon. Gentleman could argue that point from completely the opposite side, because by in some w...

Zarah Sultana | 681 cc701-2 (Link to this contribution)

As I am making the final Back-Bench speech, I will not be taking any interventions—apologies.

...
Zarah Sultana | 681 cc1513-703 (Link to this contribution)

I must make progress.

This Bill marks the latest step in a frightening descent into authori...

Conor McGinn | 681 cc703-4 (Link to this contribution)

It is a pleasure to close the debate on behalf of the Opposition. The serious and sombre tone of ...

John Hayes | 681 c1517 (Link to this contribution)

I appreciate the hon. Gentleman’s comments and, indeed, the tone of his contribution, but he must...

Conor McGinn | 681 c1519 (Link to this contribution)

The right hon Gentleman makes a very fair point. I completely appreciate that and have taken into...

Conor McGinn | 681 c1522 (Link to this contribution)

My hon. Friend is doing very well. He has been in the Chamber for only 20 minutes and this is his...

Lloyd Russell-Moyle | 681 cc705-1523 (Link to this contribution)

I did apply to speak, but I was refused by the Speaker’s Office, so I have been listening to the ...

Baroness Winterton of Doncaster | 681 c1523 (Link to this contribution)

Order. The hon. Gentleman said that he had been refused permission to speak by the Speaker’s Offi...

Conor McGinn | 681 cc1523-7 (Link to this contribution)

Sorry, Madam Deputy Speaker, I did not mean to start a discussion with the Speaker’s Office. My h...

Michael Ellis | 681 cc706-7 (Link to this contribution)

Let me start by thanking colleagues across the House for the constructive way in which Members ha...

John Hayes | 681 c707 (Link to this contribution)

While dealing with safeguards and scrutiny, can my right hon. and learned Friend confirm that the...

Michael Ellis | 681 cc1528-709 (Link to this contribution)

Yes I can, and I will come to that point in a moment.

I have been listening to the views ex...

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