Madam Deputy Speaker, thank you for calling me to speak in this important debate. Like many others, I am astounded at the gravity and significance of this Bill. The Government have said that the Bill seeks to place existing practice on a clear and consistent statutory footing and reflect existing practice, but of course many have criticisms of existing practice, and the case law shows that the legalities in this area have not yet been fully considered. This Bill goes way, way beyond the status quo, and it comes just over a week after the Overseas Operations (Service Personnel and Veterans) Bill, which could result in torture and other serious crimes being protected from prosecution.
Barely a week passes without this Government announcing yet another departure from recognised rules of domestic and international law. Just before the summer, the Counter-Terrorism and Sentencing Bill passed through Parliament, delaying the long-awaited review of Prevent, which fosters discrimination against Muslims, and introducing significant curtailments of civil liberties, which will disadvantage ethnic minorities. Last week, we debated the Coronavirus Act 2020, about which human rights and anti-racist campaigners have raised
concerns that powers are being used in discriminatory ways, particularly against black, Asian and minority ethnic people.
The trajectory is chillingly clear. As Unite the union says, there is much to be concerned about in this Bill in respect of the impact on freedom and justice in the UK. The Joint Committee on Human Rights has expressed concern about the human rights implications of the Bill. Is it not the case that the Human Rights Act cannot be seen as a safeguard against the authorisation of agent criminality because the Government have previously taken the position that the HRA does not apply to crimes committed by their covert agents? Is it not the case that because an individual cannot currently be prosecuted under the HRA or the European convention on human rights, an agency or Government can only be sued after the event for damages, meaning that there would not be any protection for victims nor any disincentive for agents under this Bill? Is it not the case that covert agents would not only be committing crimes, but be inciting crimes to build their cover and undermine the moral authority of protest movements?