Question reference: S5W-32381
- Date lodged: 8 October 2020
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Current status: Answered by James Wolffe QC on 3 November 2020
Question
To ask the Scottish Government what assessment it has made of how the provisions in the Covert Human Intelligence Sources (Criminal Conduct) Bill could impact on the integrity of Scots law and the role of the Lord Advocate.
Answer
The Covert Human Intelligence Sources (Criminal Conduct) Bill seeks to amend both the Regulation of Investigatory Powers Act 2000 ( RIPA) and the Regulation of Investigatory Powers (Scotland) Act 2000 (RIP(S)A), to introduce a Criminal Conduct Authorisation under which certain public authorities listed in the Bill may, if person authorising it believes that the authorisation is necessary in terms of the Bill and proportionate to what is sought to be achieved, authorise criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source.
The legislative consent of the Scottish Parliament will be required in relation to the proposed amendments to RIP(S)A and in so far as it will be possible for agencies under RIPA to authorise conduct as necessary for the purpose of the prevention and detection of crime and of preventing disorder in Scotland.
The Cabinet Secretary for Justice and myself have engaged, and continue to engage, directly with the United Kingdom Government to ensure, among other things, that my position as the independent head of the system of prosecution in Scotland is understood, and to preserve the potential for independent prosecutorial action, in the public interest, where criminal conduct is not properly or appropriately authorised under the Criminal Conduct Authorisation scheme. Such potential prosecutorial scrutiny is important: as a key safeguard against abuse; to maintain the integrity of the criminal law in Scotland; and to maintain the fundamental principle that Government and all its agencies are subject to, and act in accordance with, the law.