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Clause 53 agreed to. Amendment 30 to clause 54 negatived on division (5 to 9). Clauses 54 to 58 agreed to. Schedule 2 agreed to. Clauses 59 to 66 agreed to.

Lead member
Nadhim Zahawi
Answering member
Chi Onwurah
Department
Department for Business, Energy and Industrial Strategy
Type
Debates on bills; Public Bill Committee proceedings
Committee
National Security and Investment Bill Committee
Date
10 December 2020
House
House of Commons

My Lords, the noble Lord, Lord Paddick, has spoken with great clarity and authority on the amendments in this group. I will speak to the human rights perspective of Amendment 63 as set out in the Joint Committee on Human Rights’ report on the legislative scrutiny of the Bill. Chapter...

Member
Baroness Massey of Darwen (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1362-3
House
House of Lords

My Lords, this amendment in my name seeks to address the current inadequacies in respect of protection afforded to undercover operatives. I apologise at the outset to the noble Lord, Lord Cormack, but I intend using the word “CHIS”, which I also find unsuitable—I prefer the phrase “undercover operative”, but...

Member
Lord Davies of Gower (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1350-3
House
House of Lords

Moved by

Lord Davies of Gower

50: Clause 1, page 3, line 2, at end insert—

“(8A) A person may grant a criminal conduct authorisation to authorise criminal conduct that has already been committed if the following requirements are met—

(a) the conduct by or in relation to the person who is specified or...

Member
Lord Davies of Gower (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 c1350
House
House of Lords

My Lords, I will be brief. In earlier consideration of the Bill, the House has been concerned with prior authorisation—I repeat, prior. I do not resile for a moment from the importance of prior authorisation and I hope that we will have the opportunity to consider it in due course.

The...

Member
Lord Morris of Aberavon (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 c1353
House
House of Lords

My Lords, the noble Lord, Lord Davies of Gower, who has great experience of these issues, spoke about our having thus far overlooked the dangers faced by undercover operatives. Little has been said about operational safeguards. Indeed, perhaps I may take this opportunity to mention that I was contacted by...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1353-5
House
House of Lords

My Lords, Amendment 50 in the name of the noble Lord, Lord Davies of Gower, seeks to amend the Bill to allow for a criminal conduct organisation to retrospectively authorise action if it was to save someone from harm. Clearly, the noble Lord speaks with considerable knowledge and experience from...

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 c1355
House
House of Lords

My Lords, my noble friend Lord Davies has called for the Bill to enable an authorising officer retrospectively to authorise conduct in certain situations. The noble Lord referred to his experiences in the field, as it were, and it will have been obvious to all noble Lords that he drew...

Member
Lord Stewart of Dirleton (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1355-6
House
House of Lords

My Lords, I support Amendment 63. I very much agree with the comments made by the noble Lord, Lord Paddick, and my noble friend Lady Massey, so I shall be brief.

Like my noble friend, I speak as a member of the Joint Committee on Human Rights. It seems to me...

Member
Lord Dubs (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1363-4
House
House of Lords

My Lords, the noble Lord, Lord Dubs, referred to this as a potential abuse of power and, although I am entirely convinced that that is the last thing in Ministers’ minds, I say nevertheless: be careful what you wish for. I am very troubled by this section of the Bill,...

Member
Lord Cormack (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1364-5
House
House of Lords

My Lords, I am delighted to follow my noble friend, and I associate myself with the comments made previously by the noble Lord, Lord Paddick, who spoke so powerfully, in introducing his Amendment 63. As he said, Clause 2 breaks new ground, giving powers to grant legal immunity and to...

Member
Baroness McIntosh of Pickering (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1365-7
House
House of Lords

My Lords, it is my great honour and pleasure to join the debate. I wish to speak to Amendment 70, which seeks to constrain ministerial discretion to amend the list of relevant authorities.

We all know that, as time goes by, Ministers and Governments are tempted to expand the list of...

Member
Lord Sikka (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1367-8
House
House of Lords

My Lords, it is a pleasure to follow all those who have spoken in this group. The size of the group and the number of speakers are indicative of the seriousness with which the length of the list of agencies is viewed by Members of the House. I thank the...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1368-9
House
House of Lords

My Lords, it is a great pleasure to follow my noble friend Lady Chakrabarti. I echo her thanks to the Minister for her offer of a briefing. I support Amendments 67 and 70. On Amendment 67, I have little to add to the clear exposition by the noble Baroness, Lady...

Member
Baroness Whitaker (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 c1369
House
House of Lords

My Lords, I am pleased to follow the noble Baroness, Lady Whitaker, although I am afraid I do not take exactly the same approach as she has on this matter; in fact, I oppose the amendments. I understand that for many people they are probing amendments, and many might take...

Member
Lord King of Bridgwater (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1369-1371
House
House of Lords

My Lords, like the noble Lord, Lord King, whose experience I respect and whom it is a pleasure to follow, I have no objection in principle to the issue of criminal conduct authorisations by bodies, other than the police and agencies, that are engaged in the investigation of serious crime....

Member
Lord Anderson of Ipswich (Crossbench)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1370-2
House
House of Lords

My Lords, Amendment 63, moved by the noble Lord, Lord Paddick, and other amendments in this group seek to draw attention to the range of organisations that will be given powers to grant criminal conduct authorisations to individuals involved in criminal conduct. There is a

list of organisations on page...

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1372-3
House
House of Lords

I thank all noble Lords who have taken part in this debate. To echo the words of my noble friend Lord King, we live in a very dangerous world. I made the point last time that 27 terrorist attacks have been prevented in the last three years.

I absolutely appreciate that...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1374-6
House
House of Lords

My Lords, I am very grateful to those who have contributed to this short debate and am very grateful to the noble and learned Lord, Lord Morris, for the points he made. As he says, it is a narrow but very important issue. I am grateful to the Minister for...

Member
Lord Davies of Gower (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 c1356
House
House of Lords

My Lords, in moving Amendment 57, I will also speak to Amendment 74.

These two probing amendments are designed to explore how the Government plan to use their regulatory powers in the Bill. I am informed on this because I am the chairman of the Secondary Legislation Scrutiny Committee of your...

Member
Lord Hodgson of Astley Abbotts (Conservative)
Type
Proceeding contributions
Date
10 December 2020
Reference
808 cc1357-8
House
House of Lords