I of course welcome the oversight that has been introduced for our intelligence services; the situation is very different from how it was in decades past. However, that does not detract from the additional safeguards that are needed in this specific Bill.
Under the Bill as it stands—I am quoting, because I want to press the Minister on this point—authorisations for participation in criminal conduct may only be granted
“if it is necessary (a) in the interests of national security; (b) for the purpose of preventing or detecting crime or of preventing disorder; or (c) in the interests of the economic well-being of the United Kingdom.”
The Government need to be clear about what is within the scope of that framework. It cannot and should not encompass any lawful activity, nor should we allow mission creep in the years ahead.
I hope the Minister would agree that a Bill such as this one should have no business whatsoever interfering with the legitimate and lawful work of our trade union movement, which is a cornerstone of our democracy and a bastion of rights. I welcome what the Minister said in answer to an intervention—that trade union activity is legitimate and lawful and therefore is not within the ambit of the Bill—but some concerns have been expressed that the words I quoted referring to economic interests could refer to the legitimate work of trade unions. I would welcome it if the Solicitor General, when he responds to the debate, could repeat the Minister’s assurance that trade unions are not meant to come within the ambit of those words.
In addition to the test of necessity, the authorisation may be granted only where it is
“proportionate to what is sought to be achieved by”
the conduct. I welcome and note the test of necessity and proportionality. Nothing should be authorised in contravention of the European convention on human rights, to which I will return in a moment. But first the Government must justify the need for each and every agency and body listed in the Bill—what powers, what purpose. Nobody expects details on ongoing investigations—of course we do not—but a sense of the type of issues expected to arise is crucial to enable the House to consider that list properly and whether the presence of the organisation on the list is necessary.
In answer to an intervention from the right hon. Member for Orkney and Shetland (Mr Carmichael), who is no longer in his place, the Minister mentioned, with regard to the Food Standards Agency, mislabelling and unsafe food. We need more detail on that and the links to organised and serious crime. Similarly, the Gambling Commission is another example, and it is absolutely clear as to why that is on the list. I do not propose to go through the list one by one; suffice it to say that each and every one needs to be justified.