Overview

This bill amends the Regulation of Investigatory Powers Act 2000 to strengthen safeguards for children and vulnerable individuals used as covert human intelligence sources (CHIS) who may be authorized to commit criminal acts. It focuses on ensuring appropriate adult supervision and robust risk assessments are in place before and during such operations.

Description

The bill primarily addresses the authorization of criminal conduct by CHIS, especially those under 18 or deemed vulnerable. Key changes include:

• Criminal Injuries Compensation: The bill ensures that individuals injured due to authorized criminal conduct by CHIS can claim compensation under relevant schemes, reversing an earlier rejection of this provision.
• Safeguards for Children and Vulnerable Adults: New clauses are added to introduce stringent safeguards for underage and vulnerable CHIS. These include mandatory risk assessments, the presence of an appropriate adult during meetings (with specific exceptions for 16-17 year olds), and notification to the Investigatory Powers Commissioner.
• Definition of Vulnerable Individuals: The bill provides a clear definition of "vulnerable individual" encompassing those with mental health issues, disabilities, or other vulnerabilities.
• Exceptional Circumstances: Authorisation of criminal conduct for children and vulnerable adults is permitted only under "exceptional circumstances," defined within the bill. These must include consideration of the source's welfare, the exhaustion of other investigative methods, and assurance that the source won't suffer foreseeable harm.
• Review and Monitoring: The Investigatory Powers Commissioner’s responsibilities are expanded to include ongoing review of compliance with requirements for juvenile and vulnerable adult CHIS.

Government Spending

The bill's impact on government spending is not explicitly detailed in the provided text. However, increased oversight and procedural requirements might lead to some increase in administrative costs related to risk assessments, monitoring, and reporting.

Groups Affected

• Children and Vulnerable Individuals: This bill directly impacts these groups by providing them with additional legal protections when used as CHIS.
• Law Enforcement Agencies: Agencies will face stricter regulations and increased administrative burdens when using CHIS, especially children and vulnerable adults.
• Investigatory Powers Commissioner: The Commissioner's responsibilities are expanded, requiring increased oversight and review processes.
• Victims of Crime: Individuals harmed by CHIS carrying out authorized criminal acts may be able to claim compensation under existing schemes.

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