RSI submits written evidence to JCHR on Covert Human Intelligence Sources (Criminal Conduct) Bill

Rights and Security International has submitted written evidence to the Joint Committee on Human Rights in response to its call for evidence on the 30 September 2020 on the Covert Human Intelligence Sources (Criminal Conduct) Bill, which was introduced into the House of Commons on the 24 September 2020 and is scheduled to complete passage by the 15th October. The Bill in question would amend Part II of the Regulation of Investigatory Powers Act 2000 (RIPA) to create a new process of ‘Criminal Conduct Authorisations’. The authorisations would constitute an express power for MI5, police forces, and a range of other public authorities to authorise their agents and informants (“Covert Human Intelligence Sources” “CHIS”) to commit criminal offences.

The submitted briefing was produced jointly alongside Reprieve, the Pat Finucane Centre, Privacy International, and the Committee on the Administration of Justice. The Bill represents a belated recognition that regulating the permitted conduct of CHIS must be set up by a formal legislative footing. Whilst we, therefore, welcome legislation in this area, we have serious concerns about the content of the present Bill. In particular, we are concerned that:

1. The Bill places no express limits on the types of crimes which can be authorised. 
2. The Bill relies on the Human Rights Act as a safeguard, despite the Government making clear that it does not believe that the Human Rights Act applies to abuses committed by its agents.
3. Authorised criminal offences committed by CHIS would be rendered ‘lawful for all purposes', bypassing the independent decision-making of prosecutors as to whether the prosecution of a CHIS is in the ‘public interest’.
4. The Bill also bars survivors of abuses, such as the victims of the ‘Spy Cops’ scandal, from seeking redress through the courts, by protecting those who commit authorised crimes from civil liability forever.

For more information, please download the brief underneath.