I am very pleased to be here today for the final debate on this important Bill before it receives Royal Assent and becomes law.
The Government introduced the Bill in order to provide a clear and consistent legal basis for the rare occasions when, in the course of their important work keeping us safe, it is necessary and proportionate for undercover agents to themselves participate in criminal conduct. That is a long-standing practice that has proved critical, frankly, in identifying and disrupting terrorist plots, drugs and firearms offences, and child sexual exploitation and abuse. For the first time, the Bill places that covert human intelligence source activity on an expressly statutory basis, providing our operational partners with the certainty that they can continue to utilise this tactic as we continue to respond to the evolving threat picture we face as a nation.
The Bill also resolves the tension that has previously existed where the state is asking an individual to engage in the difficult and dangerous work of frustrating crime without providing those self-same individuals with protection from prosecution for doing so. It will therefore benefit our ability henceforth to recruit and retain covert human intelligence sources.
I want to take this opportunity to thank all colleagues, in this House and in the other place, who have contributed to the thoughtful and detailed debates that we have had on the Bill. It is right that the important issues that it raises are subject to scrutiny, and I hope that Her Majesty’s Government have demonstrated a willingness to engage and provide reassurance where possible, including through private briefings with operational partners such as MI5 and others.
I believe that we have a good piece of legislation, which will now move on to the statute book. It strikes an important balance by providing for clear safeguards and independent oversight without jeopardising the operational workability of the regime.
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I turn to the amendments that are to be considered today. The Government brought forward an amendment in the other place that provides that the conduct authorised under the Bill does not affect a person’s ability to access the criminal injuries compensation scheme where appropriate. Although the Government believe that the amendment is not actually necessary, as the Bill does not in practice impact a person’s ability to access the criminal injuries compensation scheme, we have listened to the view put forward by Parliament that we could be more explicit on that point. The amendment therefore makes it clear in the Bill that, where appropriate, the criminal injuries compensation scheme remains an available route of redress.
The Government also brought forward amendments in the other place providing additional safeguards in relation to the authorisation of juveniles or vulnerable covert human intelligence sources. I pay tribute to Members on both sides of the House and in both Houses who engaged with the Government and our operational partners on this issue and helped to refine these substantive safeguards.
Let me briefly set out what the amendments do. The Government amendments make it clear that the authorising officer is under a duty to safeguard and promote the best interests of the juvenile, and that the authorisation must be compatible with that duty. That reflects article 3 of the UN convention on the rights of the child. It also applies the same statutory safeguards that are in place for CHIS use and conduct authorisations to the new criminal conduct authorisations, and requires the Investigatory Powers Commissioner to keep those enhanced safeguards under particular review, as they relate to children and vulnerable people. In addition, the amendments also put in the Bill the requirement that a juvenile covert human intelligence source be authorised only in exceptional circumstances. Such exceptional circumstances will exist only where there is no reasonably foreseeable harm to the juvenile as a result of the authorisation, and where the authorisation is believed to be compatible with the best interests of the juvenile.
The amendments further clarify in the Bill that an appropriate adult must be in place in any meetings with any individual under the age of 16 years, and there is a presumption that an appropriate adult will attend meetings with 16 and 17-year-olds, with any derogation from that presumption justified in writing. The amendments also add additional safeguards for vulnerable individuals to the Bill. They require an enhanced risk assessment to be carried out, state that the source must be capable of understanding and consenting to the deployment and any associated risks, and state that consideration must be given to the best interests of the source.
These substantive amendments focus on the wellbeing and safety of the juvenile or vulnerable adult. It is right that there be additional safeguards for those authorisations, and the amendments provide them, but we have also ensured that the amendments do not create any unintended consequences that risk the safety of any individual involved in this covert activity. I am pleased that we have been able to reach positions of consensus on this Bill across both Houses and on both sides of the Chamber. I am reassured that the legal certainty that the Bill provides will soon be in place to ensure that our operational partners can continue their important work to keep us safe.