Results 141–160 of 11693 for speaker:James Brokenshire

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I am grateful to my right hon. Friend for his intervention. Again, I intend to draw out this point during my contribution in the House this evening. He rightly highlights the import and implication of the Human Rights Act and what that then imports in terms of the convention rights, which we are clear provide restrictions and inhibitions on how agencies are able to operate.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I will give way twice more and then get into some of the important details that I know right hon. and hon. Members would like me to address.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I am grateful to my right hon. Friend for that point. The issue of specifici—I cannot even say it; I shall settle for saying the specific authorisations that are granted. They are tightly bound and that is important. That is why we published the guidance that sits alongside the operationalisation of the Bill at the same time as the Bill—to give that sense of confirmation and clarity on...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I know that my right hon. Friend, rightly, takes these issues incredibly seriously. The issues we are talking about go to the kernel of our national security, and equally, our confidence in our criminal justice system and the way in which our operatives, who are there to protect us, act. I do place weight on what he has said.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I would quite like to answer the previous intervention before I give way again, and I need to make some progress. I can say to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) that the way in which agencies are required to act under the Bill means that they cannot act in a way that is inconsistent with the convention rights, hence the importation by the specific...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: The hon. Gentleman makes an interesting point. Some may argue that the inclusion of those words was not of itself necessary, because those agencies are already bound by that requirement. We take the judgment, because of the very relevant points that have been made during the course of the debate, that being clear on the face of the Bill in that regard is helpful. It is reassuring. It creates...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: If the hon. Lady will allow me, I will make some further progress, but I will allow her to intervene on me later. In order to build the credibility and trust of those under investigations, there are occasions where, in carefully managed circumstances and subject to robust independent safeguards, CHIS may need to participate in criminality themselves. This is an inescapable and essential...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: The right hon. Gentleman, the Chair of the Intelligence and Security Committee, makes an important point when he draws that distinction. I say to him that, under the current regime, the Crown Prosecution Service will consider the prosecution of a properly authorised CHIS as perverse. So in essence, the Bill will offer no practical difference in the application of the power, because obviously...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I will come on to that issue—this is why, although I wanted to give way to many Members, I wanted at the same time to make progress with my speech. I will not go into the limits of what can and cannot be done because of this issue of what is known as CHIS testing—providing a list against which sources can be tested, which has practical implications to it. What I can say to my hon. Friend...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I will give way to the hon. Lady, who has been very patient.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: The hon. Lady makes a serious point. First, there is no retrospective effect—it is quite important for me to state that explicitly. Therefore, actions that have occurred in the past and are subject to further inquiry, and potentially further criminal investigation, are untouched by the Bill. On the position moving forward, I have explained the different safeguards. She refers to trade union...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I can certainly say that there are clearly ongoing inquiries in relation to this important and sensitive issue. I have highlighted the lack of any retrospection, and I point the hon. Gentleman to what has happened since then and what the police themselves have underlined in this regard. There is an enhanced regime of what are known as relevant sources—in other words, undercover police...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: Obviously there is the specific reference on the face of the Bill that I have alluded to, and therefore there is that requirement. As the right hon. Lady will know what the convention rights say, for operational and other reasons I will not go beyond what the convention says. There are very clear issues that I will now, I hope, come on to in that regard that will help to draw this out.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I will give way one last time and then make further progress.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I have drawn out the separate regime that operates in relation to the authorisation of, for example, undercover officers, as well as the tight remit, the ambit and some of the additional oversight that is provided in respect of that regime. Again, that is all subject to the supervisory nature of the Investigatory Powers Commissioner and can, therefore, as with the provisions proposed through...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I have been pretty clear about the way this Bill operates and the manner in which agencies and the different bodies that can be authorised are able to act. Clearly, I cannot bind this House for the future, but I am very clear that we stand by our ECHR commitments, which is why this has been expressed in the way that it has in the Bill. I hope that is helpful to him.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I am happy to respond to that point specifically. We are not suggesting that there is routine testing of suspected CHIS in all criminal groups, but there is evidence that this does occur more than infrequently, and I say that in clear terms. We are asking CHIS to put themselves in difficult positions to help the state investigate these criminal groups, and it is our judgment that we need to...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: Yes, and I am grateful to my right hon. Friend for making that point. With his experience as a former Secretary of State for Northern Ireland, he knows the importance of these national security issues in the context of Northern Ireland. He is right, and this point about safeguards and oversight is precisely what I was about to come on to. It is about the rigorous and careful way in which the...

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: I will give way, but this is probably the last time as I am conscious of time and of getting others in.

Covert Human Intelligence Sources (Criminal Conduct) Bill (5 Oct 2020)

James Brokenshire: The right hon. Lady makes an important point about training and about ensuring that the high standards necessary here are applied. I would say to her that, equally, such focus needs to be applied to those who operate this regime in order to get this right because of the potential criminality that sits alongside it. There are obligations to report errors to the commissioner, and equally the...


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