A01-03 passed, A04 failed. The amended bill reads as follows...

NB this is a FINAL division

Security Service (Covert Criminality) Bill

A

BILL

TO

set statutory limits on the authorisation of criminal activity by covert members of the Security Service.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1 - Limits to immunity from prosecution

(1) A covert criminal authorisation does not grant immunity from any prosecution for an offence which lies outside of the scope of the authorisation.

(2) A covert criminal authorisation does not grant immunity in any case where the proposed covert criminal criminal activity is not reasonable or proportionate to the benefit.

(3) A covert criminal authorisation does not grant immunity from any prosecution in the case that a person granted the authorisation has acted as an agent provocateur.

Section 2 - Situations and acts not to be authorised

(1) No covert criminal authorisation made by the relevant authorities may authorise the commission of any offence of—

(a) murder;

(b) torture; and

(c) any other act which would be inconsistent with the Convention rights in the Human Rights Act 1998.

(2) The relevant authorities may not give a covert criminal authorisation to a person under the age of 18.

(3) For a criminal conduct authorisation it must proportionately advance—

(a) the interests of national security;

(b) for the purpose of preventing crime.

(4) An authorising person must take into account whether what is sought to be achieved by the authorised conduct could reasonably be achieved by other conduct which would not constitute crime and also that the crime authorised is the least disruptive or seriously criminal option.

Section 3 - Duration of covert criminal authorisations

(1) A covert criminal authorisation shall last for no longer than four months without renewal.

(2) At the conclusion of the four month period that a covert criminal authorisation is valid, it may be renewed by the relevant authorities for a further four months.

Section 4 - Victims of Criminal Conduct Authorisations

(1) Where a individual suffers injuries, or suffers a loss of their ability to peacefully enjoy their property as a result of a Criminal Conduct Authorisation whether or not it is properly granted, they have a civil tort for damages against the agency that gave the authorisation.

(2) In awarding damages to victims of authorised criminal conduct courts must consider what damages would be granted in a case had the conduct been criminal.

(3) In Schedule 1 Part 1 ‘Civil Legal Services’ to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in paragraph 22 (breach of convention rights by public authority) at the end of 1. Insert—

(c) a claim for damages (other than a claim in tort) in respect of the effect of a criminal conduct authorisation which was granted by the public authority.

(4) A claim for damages may only consider the direct effects of the criminal conduct authorised and undertaken in providing damages.

Section 5 - Interpretation

In this Act,—

“covert criminal authorisation” means an authorisation granted by the relevant authorities to authorise certain criminal conduct in the course of being a covert human intelligence source under section 29 of the Regulation of Investigatory Powers Act 2000;

“Relevant authorities“ means the list of bodies in Schedule 1 of this act.

Section 6 - Extent, Commencement and Short Title

(1) This Act shall extend to the United Kingdom.

(2) This Act shall come into force upon receiving Royal Assent.

(3) This Act shall be cited as the Security Service (Criminality) Act 2021.

##Schedule 1

List of Relevant Authorities

###Police forces etc

Any police force.

The National Crime Agency.

The Serious Fraud Office.

###The intelligence services

Any of the intelligence services.

The armed forces

Any of Her Majesty’s forces.

###Revenue and Customs

Her Majesty’s Revenue and Customs.

###Government departments

The Department of Health and Social Care.

The Home Office.

The Ministry of Justice.

###Other bodies

The Competition and Markets Authority.

The Environment Agency.

The Financial Conduct Authority.

The Food Standards Agency

This Bill was written by the Rt Hon. Viscount Strabane CT MLA on behalf of Solidarity.

Vote content/not content/present by the 22nd January 2021 at 10pm GMT.

NB this is a FINAL division