‘Intelligence services

20(1)An inquiry may not consider—

(a)whether an intelligence service has acted (or is acting) in a way which is incompatible with a person’s human rights, or

(b)other matters concerning human rights in relation to an intelligence service.

(2)In this paragraph “intelligence service” has the same meaning as in paragraph 14.’.

The amendment places a limitation on the scope of inquiries that the commission may undertake under clause 16. At present, the commission may undertake an inquiry into any matter relating to its duties under clauses 8, 9 and 10. Under the amendment, the commission would not, during an inquiry, be able to consider human rights matters relating to the intelligence services, which are defined in paragraph 14 of schedule 2 as the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.

We propose the amendment in order to ensure that the commission’s inquiry power does not jeopardise the important work of the intelligence services. That is a reflection of the broad scope of human rights considerations. A mechanism already exists by which judicial reviews may be brought against the intelligence services; the investigatory powers tribunal is properly equipped to handle matters and evidence that may be sensitive to national security. The convention rights under the Human Rights Act may be relied upon by claimants in such cases.

The exclusion does not affect the CEHR’s ability to conduct inquiries into equality matters in pursuance of its duties under clauses 8 and 10, so long as it expressly excludes human rights matters from consideration. It is a small but important change, which will ensure that the work of the intelligence services is not compromised.

Amendment agreed to.

Schedule 2, as amended, agreed to.

Clause 32 ordered to stand part of the Bill.