Overview

This bill amends the Regulation of Investigatory Powers Act 2000 to enhance safeguards for children and vulnerable individuals used as covert human intelligence sources (CHIS) who may be authorized to engage in criminal conduct. It addresses concerns about their safety and well-being while ensuring that investigations can continue.

Description

The bill primarily focuses on improving protections for underage and vulnerable CHIS. Key amendments include:

Compensation for Injury

The bill ensures that individuals injured while acting as CHIS under authorization can claim compensation under the Criminal Injuries Compensation schemes, regardless of the authorized criminal conduct.

Safeguards for Children and Vulnerable Adults

New clauses are introduced to establish stricter safeguards when authorizing criminal conduct for CHIS under 18 or those deemed vulnerable. These safeguards include mandatory risk assessments, the presence of an appropriate adult during meetings for those under 16, and notification to the Investigatory Powers Commissioner.

The definition of "vulnerable adult" includes individuals aged 18 or over with mental health issues, disabilities, or illnesses that impair their ability to care for themselves or protect themselves from harm.

For those under 18, exceptional circumstances must exist to justify authorizing criminal conduct. The authorisation must be compatible with the best interests of the CHIS and all other investigative methods must be exhausted. The bill requires regular reviews of compliance by the Investigatory Powers Commissioner.

Amendments

The bill amends the Regulation of Investigatory Powers Act 2000, including adding new sections on safeguards for children and vulnerable adults involved as CHIS. It also amends the Regulation of Investigatory Powers (Juveniles) Order 2000 to strengthen existing protections.

Government Spending

The bill does not directly specify any figures for increased or decreased government spending. The costs are likely to be associated with implementing the new safeguards, including additional training, oversight and potential compensation payments.

Groups Affected

• Children and Vulnerable Adults: These individuals may be directly affected, either positively by the increased safeguards or negatively if the new restrictions limit intelligence operations.
• Law Enforcement Agencies: These agencies may face increased administrative burdens in complying with the new safeguards but will also benefit from clearer legal frameworks.
• Investigatory Powers Commissioner: The Commissioner will have an increased workload overseeing compliance with the new provisions.
• Individuals Injured as CHIS: They may benefit from the provision allowing them to claim compensation for injuries sustained while acting under authorisation.

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