New laws could give spies a licence to kill
Undercover spies could be given an effective licence to kill under new laws expected to be unveiled this week providing them with legal protection to commit crimes, The Daily Telegraph can disclose.
The legislation will allow organisations such as MI5 to sanction agents to carry out "necessary and proportionate" offences - but it may remain unclear whether there will be limits to what crime can be authorised.
It follows a long-standing battle over the legality of the guidelines used by the Security Service to permit covert sources to break the law while conducting operations.
The Investigatory Powers Tribunal (IPT), which hears legal complaints against the intelligence agencies, last year ruled MI5's policy was lawful because it held an “implied power” under the Security Service Act, but its members were split three to two on the decision.
A coalition of human rights groups, concerned the policy may be used to authorise offences as serious as killing on British soil, is appealing against what it called the “knife-edge” ruling.
Despite winning the court case last year, the Government is now moving to try to ensure that the implied power is turned into the type of legal protection the Security Service says it requires to carry out undercover missions.
It is expected to create a legal framework to authorise crime by agents acting on behalf of a variety of public organisations which conduct covert investigations, including MI5.
According to some sources, the new law will not have a limit on the types of crimes that an agent can commit, but it will not be clear how far the protection extends until the legislation is laid before Parliament.
MI5 has previously refused to say which crimes could be committed under its internal guidelines - known as the third direction - as it could mean undercover operations were “seriously frustrated”.
The spy agency fears making such details public could help criminal groups to flush out moles by asking them to commit an act they knew to be prohibited.
Asked what crimes might be covered by the new laws, a source said: “All covert human intelligence complies with (the European Convention on Human Rights) and is necessary and proportionate.”
The Government decided to push ahead with the new law in the wake of last year's legal battle, believing it will help bring all public authorities which make use of undercover sources under the same statutory framework.
A separate source with knowledge of the forthcoming bill claimed it would impose “no limit on the type of crime” an agent could commit within its wording.
Ministers hope to introduce the new legislation this week, but it has previously been delayed due to changes in Parliamentary business caused by the Covid-19 pandemic.
