Covert Human Intelligence Sources (Criminal Conduct) Act 2021

Key Points

• CHIS may be authorised to commit criminal offences only when necessary and proportionate, with a belief of necessity to be reasonably held and supported by satisfactory arrangements.
• Protections for vulnerable groups: limits on authorising CHIS where the source is under 18 or is a vulnerable person or a victim of modern slavery/trafficking.
• Enhanced oversight: requirements to notify a Judicial Commissioner, plus automatic cessation if a Judicial Commissioner determines the authorisation should not have been granted; use of temporary Judicial Commissioners when needed; and alignment with the Investigatory Powers Tribunal/Commissioner regime.
• Victims’ rights: safeguards to prevent victims of violent crime from losing eligibility for compensation due to involvement in a CHIS authorisation.
• UK-wide alignment: measures to ensure consistency with RIPA across the UK and to remove provisions related to devolved Scottish activity; drafting amendments to improve cross-border coherence.
• Policy debates addressed in amendments: proposals to limit who can grant CCAs (e.g., restricting to specific bodies) and to require monthly reviews or time limits were debated but largely not adopted; there were also discussions on child-protection, agent-provocateur concerns, and transparency/or parliamentary reporting that informed the final shape of the law.

Progress

The Bill completed its passage through Parliament and received Royal Assent, becoming law in 2021. Throughout its passage, Lords amendments introduced additional safeguards (notably around oversight, child/vulnerable-source protections, and UK-wide alignment) and the Government incorporated several drafting improvements to harmonise with the UK’s broader investigatory powers framework.

Voting

Across the House, the Government’s position was broadly supported by the Conservative Party, while opposition parties (notably Labour and Liberal Democrats) voiced concerns and offered a range of safeguards. Numerous Lords amendments introducing oversight and protections were debated and, in many cases, agreed, shaping the final form of the Act. The overall pattern reflected a balance between enabling necessary intelligence activity and strengthening safeguards.