header-logo header-logo

11 November 2020
Issue: 7910 / Categories: Legal News , Constitutional law
printer mail-detail

Secret agent Bill open to abuse

Planned legislation on secret agents and undercover officers creates a risk of state-sanctioned rape, murder and torture, MPs and Peers have warned

A Joint Committee on Human Rights report, ‘Legislative scrutiny: Covert Human Intelligence Sources (Criminal Conduct) Bill’, published this week, has delivered a devastating verdict on the Bill, as it stands.

The Bill, which was introduced in the House of Commons in September, provides a statutory basis for a wide range of public authorities to authorise informants, agents and undercover officers to engage in criminal conduct. Where an authorisation has been given, a prosecutor is unlikely to proceed with a prosecution after weighing up the public interest.

The committee concluded the Bill lacks the adequate safeguards and oversight to prevent it being abused.

Harriet Harman QC MP, chair of the committee, said: ‘This Bill raises major human rights concerns.

‘It permits officials to secretly authorise crimes on the streets of the UK and abroad. There should be added to the Bill clear limits on the scale and type of criminality which can be authorised.

‘The power to authorise crime should be restricted to the public authorities whose role it is to combat serious crime and protect national security and not include bodies such as the Food Standards Agency or the Gambling Commission.’

In particular, the committee warned there was no express limit in the Bill on the type of criminal conduct that could be authorised, raising the ‘abhorrent possibility of serious crimes such as rape, murder or torture being carried out under an authorisation’.

‘Rigorous and effective oversight’ was required for a power as exceptional as the authorisation of criminal conduct, granting criminal and civil immunity. While the Investigatory Powers Commissioner provided oversight, this did not go far enough, the committee said. ‘As is required for other investigatory powers, authorising a person to engage in criminal conduct should require prior judicial approval.’

Issue: 7910 / Categories: Legal News , Constitutional law
printer mail-details

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll