Member

470: After Clause 196, insert the following new Clause— “Safeguards against abuses by Covert Human Intelligence Sources(1) Section 27 of the Regulation of Investigatory Powers Act 2000 is amended as follows.(2) For subsection (1) substitute—“(1) This Part applies to criminal conduct—(a) under an authorisation under this Part, and(b) where the conduct is in accordance with the authorisation.”.(3) For subsection (2) substitute—“(2) This part also applies to civil liability in relation to any conduct which—(a) is incidental to any conduct within subsection (1), and(b) is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question. (2A) If a person acts in accordance with a criminal conduct authorisation under section 29B (covert human intelligence sources: criminal conduct authorisations), the nature of that authorisation and compliance with it shall be considered and deemed relevant to—(a) any decision as to whether prosecution for a criminal offence by that person is in the public interest,(b) any potential defences to such charges of criminal conduct, and(c) any potential civil liability on the part of that person, and the quantum of any damages.(2B) The protections in subsection (2A) only apply where the conduct is not carried out for the primary purpose of—(a) encouraging or assisting, pursuant to sections 44 to 49 of the Serious Crime Act 2007 (incohate offences), the commission of an offence by, or(b) otherwise seeking to discredit,the person, people or group subject to the authorised surveillance operation.”.”Member's explanatory statement These amendments replace provisions of the Regulation of Investigatory Powers Act 2000 as amended by the Covert Human Intelligence Sources Act 2021 granting complete advanced criminal and civil immunity for authorised operatives and agents, with a public interest defence as long as they did not act as agents provocateurs.