Moved by Baroness Kidron
24: Clause 1, page 3, line 16, at end insert—“29C Criminal conduct authorisations: granting to children and vulnerable sources (1) This section applies when the source is—(a) under the age of 18,(b) a vulnerable individual, as defined in subsection (5), or(c) a victim of modern slavery or trafficking, as defined in subsection (6). (2) No criminal conduct authorisations may be granted for a source to whom subsection (1) applies unless the authorising officer believes that exceptional circumstances apply that necessitate the authorisation.(3) Where a criminal conduct authorisation is granted for a source to whom subsection (1) applies, the arrangements referred to in section 29(2)(c) of this Act must be such that there is at all times a person holding an office, rank or position with a relevant investigating authority who has responsibility for ensuring that an appropriate adult is present at all meetings between the source and a person representing any relevant investigating authority.(4) In subsection (3) “appropriate adult” means—(a) the parent or guardian of the source;(b) any other person who has for the time being assumed responsibility for his or her welfare; or(c) where no person falling within paragraph (a) or (b) is available and deemed appropriate, any responsible person aged 18 or over who is neither a member of nor employed by any relevant investigating authority.(5) A “vulnerable individual” is a person who by reason of mental disorder or vulnerability, other disability, age or illness, is or may be unable to take care of themselves, or unable to protect themselves against significant harm or exploitation.(6) A “victim of modern slavery or trafficking” is a person who the relevant investigating authority believes is or may be a victim of trafficking as defined by section 2 of the Modern Slavery Act 2015 (human trafficking), or exploitation as defined by section 3 of that Act (meaning of exploitation).(7) The “exceptional circumstances” in subsection (2) are circumstances—(a) where authorisation of the criminal conduct authorisation is necessary and proportionate considering the welfare of the covert human intelligence source;(b) where, if the covert human intelligence source is under 18, the relevant investigating authority has determined in its assessment that the criminal conduct authorisation remains compatible with and does not override the best interests of the covert human intelligence source;(c) where all other methods to gain information have been exhausted; and(d) where the relevant investigating authority has determined in its assessment that the source to whom subsection (1) applies will not be at risk of any reasonably foreseeable harm (whether physical or psychological) arising from the criminal conduct authorisation.(8) Where a person grants a criminal conduct authorisation to anyone specified in subsection (1), that person must give notice of that authorisation to the Investigatory Powers Commissioner.(9) A notice under subsection (8) must—(a) be given in writing;(b) be given as soon as reasonably practicable, and in any event within seven days of the grant; and(c) include the matters specified in subsection (10).(10) Where a person gives notice under subsection (8) in respect of the granting of a criminal conduct authorisation, the notice must specify—(a) the grounds on which the person giving the notice believes the matters specified in section 29B(4) are satisfied;(b) the conduct that is, or is to be, authorised under section 29B(8); and(c) the reasons for believing that “exceptional circumstances” as set out in subsections (2) and (7) apply.”
Ayes 339, Noes 235.
I will not move Amendment 26. Given the strength of the House on Amendment 24, I think it is probably best to go away and, as discussed earlier, have some more discussions on both the government amendment and Amendment 24.
I thank the noble Baroness and the Government very much for that. I am sure we can get an agreement and all come together. Thank you so much.
Amendment 26 not moved.
We now come to the group beginning with Amendment 27. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate. I should inform the House that, if this amendment is agreed to, I cannot call Amendments 28 to 31.
Clause 2: Authorities to be capable of authorising criminal conduct