Hansard

As others have said, the existence of and need for undercover agents is widely accepted. That circumstances may arise as part of such work that force the individual to act outwith the law is a natural, if uncomfortable, extension of that concept. Having such an option available to our law enforcement agencies is in the interests of our national security. For example, the intelligence gleaned from infiltrating a terrorist group intent on committing atrocities could save lives. Indeed, it already has. Stepping outwith the law may be necessary to do that effectively. However, it is also right that the authorisation of criminal conduct by covert human intelligence sources is set within a robust legislative framework. In that regard, the bill is overdue, but it is also deficient.

Unfortunately, the proposals that have been put forward by the UK Conservative Government overstep the mark. My Liberal Democrat colleagues at Westminster, working with other parties, have sought to make changes that would deliver a more proportionate but effective set of legal safeguards. Although there have been successes, too often, UK Conservative ministers have refused to budge, so we have a bill that places no limits on the type of crime, including rape, torture and even murder, that could be authorised and no requirement for prior judicial approval of authorisations. All of that leaves open the prospect—the risk—of anything being licensed

“in the interests of the economic well-being of the United Kingdom”

or for the purpose of “preventing disorder”. That is not the way to build public trust and confidence, nor is it the best way to protect public safety.

The powers that we are debating today are necessary but must be drawn proportionately and with human rights very much in mind. Unfortunately, despite the best endeavours of Liberal Democrats and other parliamentarians at Westminster, as well as the efforts of the cabinet secretary and his officials, such proportionality has not yet been achieved.

This is genuinely not a position any of us would have wished to find ourselves in. Legal certainty is needed, not least by those we ask to carry out these highly sensitive, difficult and often dangerous roles on our behalf. Scottish Liberal Democrats will continue to work constructively with colleagues across the chamber to make sure that that is secured—if necessary, through urgent legislation—but we cannot support the provisions that are set out in the bill.