UK Parliament / Open data

Covert Human Intelligence Sources (Criminal Conduct) Bill

My Lords, it is a real pleasure to follow the noble Baroness, Lady Kidron. She spoke movingly, authoritatively and with passionate conviction, as did the noble Baroness, Lady Massey of Darwen, to whose amendment I added my name, and my noble friend Lord Young, who launched the debate on exactly the right note.

It was quite clear in Committee, when I tabled an amendment on this subject, that there was widespread concern in all parts of the House at the use of children. This is the single most serious aspect of the Bill. We are in fact being asked to pass into law something that in any other circumstance would be illegal. This conundrum was referred to by a number of speakers in the debates we had on Monday. Now we come to the nub of the matter.

I am grateful to my noble friend Lady Williams of Trafford for the attempt she has made with her amendment, but I agree emphatically with the noble Baroness, Lady Kidron, that it just does not go far enough. I am also grateful to my noble friend for affording me the opportunity of discussing this matter and my concerns in two hour-long meetings organised by Mr Arthur Lau in her private office. I am grateful to all those who took part. I was reassured on one or two issues. We will come to those at a later stage.

I was to some degree won over by the arguments of a senior police officer—clearly a man of unimpeachable integrity—who talked about the need to employ occasionally young people in tackling things such as county lines and sexual assault of young girls. He convinced me to some degree to table my Amendment 19, which would in exceptional circumstances allow 17 and 18 year-olds to take part as CHIS, but would draw the line at those aged 16. There are precedents for drawing the line at 16, such as the age of consent et cetera.

I am not sure whether I will put my amendment to the vote. It depends on what is said in this debate, particularly by my noble friend the Minister. There is a logic to the age of 16. It is a very sad fact that a great many crimes, many of them violent, are committed by 16 and 17 year-olds. Many of the stabbings in London and in other parts of the country have involved young people of that age and thereabouts. There is no point denying that county lines depend to a very considerable degree on the exploitation, manipulation and abuse of young people. I can see that there is a certain logic in using 16 and 17 year-olds in exceptional circumstances, much as I deplore and regret it.

However, I believe emphatically that the line has to be drawn somewhere. If it is drawn at 18 by the will of your Lordships’ House I shall be entirely content. If it is drawn at the age of 18 but with very real conditions attached, as they are in the amendment from the noble Baroness, Lady Kidron, I will be tolerably satisfied that we have made a step forward, but there is much to

be said for being clear and emphatic, and for having a specific age in the Bill below 18 but not below 16 in any circumstances.

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It is a very troubling provision of this Bill. The nation has rather lost its moral compass in the last two or three decades, and I believe very strongly that this is not something that we should gently accept. We have to put back into public and private life the standards that, formerly, when I entered the House of Commons in 1970, were more or less taken for granted. I say to my colleagues on the Front Bench that I cannot support the Bill as it is in this regard. Much as I accept totally her utter sincerity, I cannot accept Amendment 26, put down by my noble friend, as being “adequate and fit for purpose”, to quote the noble Lord, Lord Reid of Cardowan—a phrase that has now entered the lexicon.

We are contemplating doing something that is completely against the grain for those of us who believe in the rule of law and a law-abiding society. If we are to do it, with the greatest of reluctance, we must heed the words of my noble friend Lord Young, who has put his name to Amendment 24, the noble Baroness, Lady Kidron, who introduced it so passionately and movingly a few minutes ago, and the noble Baroness, Lady Massey of Darwen. We must not let this Bill leave your Lordships’ House unamended.

The very best solution would be to have no Division at all today, but for my noble friend the Minister to hold a round table with all those who have concerns and to try to put down something in her name which reflects those concerns. If that is not done, I reserve my right to move my amendment. I also declare unequivocally that, if she does not do that, I cannot give my vote to government Amendment 26, or withhold my vote from the amendment that seems to be commanding a consensus within your Lordships’ House.

About this proceeding contribution

Reference

809 cc773-4 

Session

2019-21

Chamber / Committee

House of Lords chamber
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