Home Office faces calls to reopen Spy Cops code of practice consultation

Home Office faces calls to reopen Spy Cops code of practice consultation

Human rights groups have expressed concern over the consultation process for the draft revised Code of Practice to be issued pursuant to the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 – also known as the Spy Cops Bill.

JUSTICE’s chief executive, Fiona Rutherford and Harriet Wistrich, founding director of the Centre for Women’s Justice, have written to Damian Hinds MP, the minister for security and borders.

Their letter draws attention to the fact that the Home Office has “failed to proactively consult key organisations”, including human rights organisations, women’s groups, victims’ representatives, and children’s advocates.

The code of practice and the Act concern the authorisation of undercover operatives, including serious criminals, to undertake criminal activities, covering potentially the most serious of crimes with impunity.

Paragraph F of the government’s Consultation Principles 2018 provides that consultations should “consider the full range of people, business and voluntary bodies affected by the policy, and whether representative groups exist. Consider targeting specific groups if appropriate. Ensure they are aware of the consultation and can access it”.

The organisations said it is clear that these principles have not been followed in this instance, despite such a failure being raised as a criticism of previous consultations, including that of the previous code of practice.

Ms Rutherford, said: “Authorising undercover operatives to commit criminal offences is incredibly serious. It gives the state the potential to create new victims, including vulnerable women and children. This is why a proper consultation process is clearly essential, not only for its legitimacy, but also for creating well-evidenced and robust policy on a topic of immense importance. We are not confident that this can be said of this consultation. We call on the Home Office to reopen the consultation and afford it sufficient time to gather the appropriate range of views and expertise that it deserves.”

Ms Wistrich, said: “Having represented 16 women whose fundamental human rights were violated by undercover police officers who deceived them into entering long term intimate sexual relationships, I am horrified that the government have tried to evade scrutiny by failing to advertise their consultation on the CHIS code of practice.

“Such consultation is meaningless if those who have experience of the ways that such powers can be abused, are not invited to contribute. At a time where the issue of police perpetrated abuse has become a national scandal, the Home Secretary’s resistance to engage with members of the public undermines any public statement she has made indicating how lessons needed to be learned.”

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