Clause 1 - Authorisation of criminal conduct

Part of Covert Human Intelligence Sources (Criminal Conduct) Bill – in the House of Commons at 1:30 pm on 15th October 2020.

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Photo of Joanna Cherry Joanna Cherry Shadow SNP Spokesperson (Justice and Home Affairs), Shadow SNP Spokesperson (Justice), Shadow SNP Spokesperson (Home Affairs) 1:30 pm, 15th October 2020

As the hon. Lady knows, I and my hon. Friend Chris Stephens are supporting her amendments, particularly on the trade union angle, but in relation to the Human Rights Act, is it not also true that the Government themselves have argued before the Investigatory Powers Tribunal that the state, in tasking CHIS, is not the instigator of the activity and cannot be treated as responsible for it? There is therefore a real difficulty with the Government trying to give us comfort by reference to the Human Rights Act.