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Human Rights Act 1998

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Human Rights Act 1998 (116)

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Motion to consider. Agreed to on question.

Lead member
John Whittingdale
Answering member
Chris Bryant
Department
Department for Science, Innovation and Technology
Type
Debates on delegated legislation; Delegated Legislation Committee proceedings
Committee
Second Delegated Legislation Committee
Date
4 December 2023
House
House of Commons

Lords committee stage third day. Clause 1 under consideration.

Department
Home Office
Type
Committee of the Whole House (HL); Debates on bills
Date
3 December 2020
Reference
808 cc851-944
House
House of Lords

My Lords, it is a pleasure to introduce my noble friend Lord Hendy’s Amendment 22. He is detained in the Court of Appeal—not by the Court of Appeal, you understand. I wish also to introduce other amendments in this group.

Amendment 22 has an object similar to those of Amendments 23...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc851-3
House
House of Lords

Moved by

Baroness Chakrabarti

22: Clause 1, page 2, leave out lines 27 to 30 and insert—

“(b) for the purposes of preventing or detecting serious crime.

(5A) In subsection (5), “serious crime” means a crime triable only on indictment.”

Member’s explanatory statement

The amendment is intended to constrain the use of criminal conduct authorisations by...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 c851
House
House of Lords

My Lords, I shall speak to Amendment 56 on behalf of the Joint Committee on Human Rights, of which I am a member. This report was derived from consultations with many knowledgeable and concerned participants. My noble friend Lord Dubs, also a member of that committee, has already contributed significantly...

Member
Baroness Massey of Darwen (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc897-8
House
House of Lords

My Lords, I was originally not going to be present for this debate, and I left the main thrust of the argument to my noble friend Lady Massey. I simply say that I endorse what the Joint Committee on Human Rights has said, and this has set the pattern for...

Member
Lord Dubs (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 c898
House
House of Lords

My Lords, like my noble friend Lord Dubs, I can be short in the light of some outstanding contributions that we have heard from Members of your Lordships’ House. The more I listened to those arguments, the more I was convinced that there needs to be some kind of limit...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc898-9
House
House of Lords

My Lords, I shall speak briefly as my noble friend Lord Anderson of Ipswich has almost precisely expressed the views that I share.

I support the more specific amendments, particularly the first paragraph of the amendment in the name of the noble Lord, Lord Cormack, and spoken to by the noble...

Member
Lord Thomas of Cwmgiedd (Crossbench)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 c899
House
House of Lords

There are a number of amendments in this group relating to human rights. They variously provide that a criminal conduct authorisation: may not authorise activity that would be incompatible with convention rights; may not authorise murder, torture or rape, or a person under the age of 18 to engage in...

Member
Lord Rosser (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc900-1
House
House of Lords

My Lords, I thank noble Lords for their very thoughtful contributions to a discussion of the upper limit of what can be authorised by a criminal conduct authorisation.

I will first address comments—because they have been the most numerous—that propose to replicate on the face of the Bill the limits that...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc901-4
House
House of Lords

My Lords, I will pick up a number of points, if I may. First, the noble Lord, Lord Hodgson, raised important issues, although the whole of this debate is important. I think he will know that I agree with him because I have previously referred to rendition in this context.

Like...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 c904
House
House of Lords

My Lords, so far we have been debating the nature of the criminal offences that may or may not be authorised. Amendment 39 would clarify who can be authorised to commit criminal offences. As I made clear on earlier amendments, I am a member of the Joint Committee on Human...

Member
Lord Dubs (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc905-6
House
House of Lords

My Lords, it is a great pleasure to speak in this debate. My concern is about authorising corporations to commit criminal acts and the consequences for the individuals who have been somehow enrolled to commit criminal acts and subsequently discarded. Through this amendment, I seek to address those issues.

The Bill...

Member
Lord Sikka (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc906-8
House
House of Lords

Moved by

Lord Dubs

39: Clause 1, page 2, leave out lines 45 to 47 and insert—

“(b) consists in conduct—

(i) by the person who is so specified or described as the covert human intelligence source to whom the authorisation relates, or

(ii) by another person holding an office, rank or position within the...

Member
Lord Dubs (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 c905
House
House of Lords

I can be brief. My noble friends pose two very important questions that become even more unnerving when run together. I look forward to what the Minister says about, first, the exact detail of this conduct in relation to CCAs—it is vague language; can it be sharpened?—and, secondly, the ability...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 c907
House
House of Lords

[Inaudible]—the noble Baroness, Lady Chakrabarti. I am less concerned than I think she is by the prospect of immunity being accorded to CHIS—at least, human CHIS. I incline more to the view expressed by the noble Baroness, Lady Manningham-Buller, on our first day in Committee that CHIS

“should not risk prosecution...

Member
Lord Anderson of Ipswich (Crossbench)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc907-9
House
House of Lords

My Lords, I share the concerns of the noble Lord, Lord Anderson of Ipswich, about seeking clarity as to who is covered not just because a criminal conduct authorisation authorises somebody to commit a crime, but because they have, as a consequence, both civil and criminal legal immunity. As we...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc909-910
House
House of Lords

My Lords, Amendment 39 in the names of my noble friends Lady Massey of Darwen and Lord Dubs removes from the definition in the Bill of authorised criminal conduct the words

“by or in relation to”

the specified covert human intelligence source. It replaces those words with a more detailed definition; namely,...

Member
Lord Rosser (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 c910
House
House of Lords

My Lords, I shall speak in favour of Amendment 28, to which I have added my name. It seeks to outlaw the infiltration of trade unions. In addition, I shall speak to my Amendment 29, which would go further in seeking to outlaw the infiltration of legitimate political organisations and...

Member
Baroness Clark of Kilwinning (Labour)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc875-7
House
House of Lords

My Lords, I start by making it absolutely clear that I do not blame the Minister or those who have written her brief. All I am saying to the House is that Members of this House involved in this debate have hands-on experience of these issues. I include the noble...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
3 December 2020
Reference
808 cc877-9
House
House of Lords