division_name: Covert Human Intelligence Sources (Criminal Conduct) Bill
motion: <p class="indent" pid="b652.3/5" pwmotiontext="yes">&#8220;Without the contribution of human agents, be in no doubt&#8230;these attacks would not have been prevented.&#8221;</p>
  
  <p class="indent" pid="b654.1/2" pwmotiontext="yes">&#8220;cannot be treated as somehow responsible for it&#8221;.</p>
  
  <p class="indent" pid="b654.1/4" pwmotiontext="yes">&#8220;it is to be expected that there would not be State responsibility&#8221;.</p>
  
  <p class="indent" pid="b654.5/2" pwmotiontext="yes">&#8220;without prejudice to the need to take into account other matters so far as they are relevant (for example, the requirements of the Human Rights Act 1998).&#8221;</p>
  
  <p class="indent" pid="b663.4/4" pwmotiontext="yes">&#8220;Since March 2017, MI5 and Counter Terror Police have together thwarted 27 terror attacks.&#8221;</p>
  
  <p class="indent" pid="b663.4/6" pwmotiontext="yes">&#8220;Without the contribution of human agents, be in no doubt, many of these attacks would not have been prevented.&#8221;</p>
  
  <p class="indent" pid="b665.0/3" pwmotiontext="yes">&#8220;if it is necessary (a) in the interests of national security; (b) for the purpose of preventing or detecting crime or of preventing disorder; or (c) in the interests of the economic well-being of the United Kingdom.&#8221;</p>
  
  <p class="indent" pid="b665.0/7" pwmotiontext="yes">&#8220;proportionate to what is sought to be achieved by&#8221;</p>
  
  <p class="indent" pid="b666.0/4" pwmotiontext="yes">&#8220;Section 6 of the Human Rights Act 1998 makes it unlawful for public authorities to act in a way which is incompatible with Convention rights. Nothing in this Bill detracts from that fundamental position. Authorising authorities are not permitted by this Bill to authorise conduct which would constitute or entail a breach of those rights.&#8221;</p>
  
  <p class="indent" pid="b667.0/2" pwmotiontext="yes">&#8220;adequate safeguards against the risk of abuse of discretionary power&#8221;.</p>
  
  <p class="indent" pid="b667.2/2" pwmotiontext="yes">&#8220;the state, in tasking the CHIS&#8230;is not the instigator of that activity and cannot be treated as somehow responsible for it&#8230;it would be unreal to hold the state responsible.&#8221;</p>
  
  <p class="indent" pid="b667.5/4" pwmotiontext="yes">&#8220;The Bill strengthens the current legal position by putting the power to authorise criminal conduct by a CHIS on an explicit statutory footing.&#8221;</p>
  
  <p class="indent" pid="b667.5/12" pwmotiontext="yes">&#8220;The individuals who are most likely to be affected by the criminal conduct of a CHIS are those with whom the agent is engaging in order to thwart the criminality.&#8221;</p>
  
  <p class="indent" pid="b667.5/18" pwmotiontext="yes">&#8220;The report concludes that, on the balance of probabilities, the allegation that the police or special branches supplied information is &#8216;proven.&#8217; Material revealed a potentially improper flow of information from Special Branch to external organisations, which ultimately appeared on the blacklist.&#8221;</p>
  
  <p class="indent" pid="b671.1/4" pwmotiontext="yes">&#8220;a key tactic in protecting national security and investigating serious crime&#8221;,</p>
  
  <p class="indent" pid="b671.1/6" pwmotiontext="yes">&#8220;a core part of security, intelligence and policing work&#8221;.</p>
  
  <p class="indent" pid="b671.1/10" pwmotiontext="yes">&#8220;the intelligence collection asset that we could not operate without. They give you insight that technical intelligence cannot give&#8221;.</p>
  
  <p class="indent" pid="b671.1/12" pwmotiontext="yes">&#8220;While there are, rightly, concerns that criminal activity may somehow be being legitimised, the need for such authorisations is clear. What is key is that authorisations are properly circumscribed, used only where necessary and proportionate, and subject to proper scrutiny.&#8221;</p>
  
  <p class="indent" pid="b678.0/7" pwmotiontext="yes">&#8220;The apparent exposure of a leading double agent within Saoradh&#8221;&#8212;</p>
  
  <p class="indent" pid="b678.0/9" pwmotiontext="yes">&#8220;recalls December 2005, when top Sinn F&#233;in official Denis Donaldson was exposed as an MI5 agent.&#8221;</p>
  
  <p class="indent" pid="b679.1/3" pwmotiontext="yes">&#8220;After four months living in isolation, he&#8221;&#8212;</p>
  
  <p class="indent" pid="b679.1/5" pwmotiontext="yes">was shot dead in an attack claimed by another&#8230;IRA group&#8221;.</p>
  
  <p class="indent" pid="b680.1/2" pwmotiontext="yes">&#8220;for the purpose of preventing or detecting crime&#8221;</p>
  
  <p class="indent" pid="b684.0/10" pwmotiontext="yes">&#8220;the state, in tasking the CHIS&#8230;is not the instigator of that activity and cannot be treated as somehow responsible for it&#8230;it would be unreal to hold the state responsible.&#8221;</p>
  
  <p class="indent" pid="b689.0/5" pwmotiontext="yes">&#8220;that the authorisation is necessary on grounds falling within subsection (5)&#8230;that the authorised conduct is proportionate &#8230;and&#8230;that arrangements exist that satisfy such requirements as may be imposed by order made by the Secretary of State.&#8221;</p>
  
  <p class="indent" pid="b689.0/7" pwmotiontext="yes">&#8220;that the authorised conduct is proportionate to what is sought to be achieved by that conduct&#8221;.</p>
  
  <p class="indent" pid="b695.2/3" pwmotiontext="yes">&#8220;What is reasonable is real; that which is real is reasonable.&#8221;</p>
  
  <p class="indent" pid="b697.0/4" pwmotiontext="yes">&#8220;authorised conduct is rendered &#8216;lawful for all purposes&#8217;&#8221;</p>
  
  <p class="indent" pid="b701.0/3" pwmotiontext="yes">&#8220;shocking levels of state collusion&#8221;&#8212;[Official Report, <phrase class="date" code="2020-12-12">12 December</phrase> 2012; Vol. 555, c. 296]</p>
  
  <p class="indent" pid="b701.0/8" pwmotiontext="yes">&#8220;the interests of the economic well-being of the United Kingdom.&#8221;</p>
  
  <p class="indent" pid="b701.0/12" pwmotiontext="yes">&#8220;is not the instigator of that activity and cannot be treated as responsible for it&#8221;.</p>
  
  <p class="indent" pid="b703.0/9" pwmotiontext="yes">&#8220;in the interests of national security&#8230;for the purpose of preventing or detecting crime or of preventing disorder; or&#8230;in the interests of the economic well-being of the United Kingdom.&#8221;</p>