Our Specific Concerns

Here:

We the undersigned have grave concerns about the measures set out in the covert human intelligence sources (criminal conduct) bill as introduced to the Commons at second reading (5 October 2020). 

As many will be aware from the circumstances leading up to the setting up of the Mitting (formerly Pitchford) Inquiry into undercover policing, there has been a documented history of state surveillance of lawful trade union activity and justice campaigns in recent years, including apparent links with the criminal blacklisting of trade union members. We are also alarmed by the conduct of undercover police in pursuing surveillance of legitimate civil society organisations including anti-racist organisations, family justice campaigns and environmental groups. 

Whilst the government has assured us that the bill will not apply retrospectively, we remain concerned that passing legislation with undue haste and insufficient scrutiny in Committee – pre-empting the findings of the Mitting Inquiry – risks compromising and undermining legal proceedings through which victims of previous criminal conduct by CHIS operatives are seeking justice. 

Aside from the timing of the new licensing of criminal conduct by CHIS operatives, our specific concerns about the bill as it stands include:

• The vague definition of “economic wellbeing” being susceptible to interpretations which would implicate aspects of legitimate trade union activity; 
• The failure to expressly rule out the authorisation of murder, torture or sexual violence by a CHIS;
• The lack of any provision to compensate innocent victims of criminal conduct undertaken by a CHIS; 
• The unnecessarily broad range of agencies able to authorise unlawful conduct;
• The reliance on the Human Rights Act as limiting the scope of what might be legally authorised, despite the government’s own previous reliance on a legal defence that the State cannot be held responsible under the terms of the European Convention on Human Rights for actions undertaken by individual agents; and
• The lack of prior judicial authorisation or even concurrent judicial oversight. 

In light of these concerns, we would ask the government to withdraw the bill to allow for due consideration of the evidence and findings of the Mitting Review, or at the very least to make substantial amendments to the Bill to meet the concerns outlined above.

If sufficient amendments to ensure proper safeguarding in the legislation are not secured, the bill will remain unfit for purpose and cannot be allowed to proceed.

We urge all those who share our concerns to use the tool at this link to email their MP today, to ask them to support the amendments submitted by the Labour frontbench, and to oppose the bill at third reading if the amendments are unsuccessful and the government refuses to withdraw the bill. 

Signatories

Len McCluskey, general secretary, Unite the Union 

Matt Wrack, general secretary, Fire Brigades Union (FBU) 

Sarah Woolley, general secretary, Bakers, Food and Allied Workers’ Union (BFAWU) 

Dave Ward, general secretary, Communication Workers Union (CWU) 

Manuel Cortes, general secretary, Transport Salaried Staffs’ Association (TSSA) 

Mick Whelan, general secretary, Associated Society of Locomotive Engineers and Firemen (ASLEF) 

Mick Cash, general secretary, Rail, Maritime and Transport Workers (RMT) 

Kevin Courtney, joint general secretary, National Education Union (NEU) 

Jo Grady, general secretary, University and College Union (UCU) 

Mark Serwotka, general secretary, Public and Commercial Services Union (PCS) 

Michelle Stanistreet, general secretary, National Union of Journalists (NUJ) 

Steve Gillan, general secretary, Prison Officers Association (POA) 

Ian Lawrence, general secretary, NAPO 

Bob Monks, general secretary, United Road Transport Union 

Reprieve 

Police Spies Out Of Lives 

Momentum 

Campaign Opposing Police Surveillance 

Pat Finucane Centre 

Privacy International 

Committee for Administration of Justice (CAJ) 

Rights and Security International Undercover Research Group 

Netpol 

Blacklist Support Group 

Orgreave Truth and Justice Campaign 

Justice 4 Grenfell 

Public Interest Law Centre 

Jeremy Corbyn MP 

John McDonnell MP 

Diane Abbott MP 

Ian Lavery MP 

Jon Trickett MP

Richard Burgon MP 

Ian Byrne MP

Lloyd Russell-Moyle MP 

Claudia Webbe MP 

Clive Lewis MP 

Bethan Winter MP 

Rebecca Long-Bailey MP 

Mick Whitley MP 

Ian Mearns MP 

Grahame Morris MP 

Apsana Begum MP 

Paula Barker MP 

Zarah Sultana MP 

Baroness Shami Chakrabarti 

Baroness Christine Blower 

Baroness Pauline Bryan 

Lord John Hendy QC 

Suresh Grover, co-director, The Monitoring Group 

Dorothea Jones, co-director, The Monitoring Group 

Terry Renshaw 

Kate Flannery 

Chris Peace 

Laura Pidcock