Wednesday 14 October 2020

It's official: The Government to be a Criminal Organisation and do what ever it wants, without legal restraint of any kind!





A.  Covert Human Intelligence Sources (Criminal
Conduct) Bill.

I'm just trying to catch my breath over the preposterous 'Covert Human Intelligence Bill' currently being rushed through a disabled Parliament without any opposition. For the first time ever, it specifically allows a whole range of government bodies to break the law, without citizens having any power or legal avenue, to challenge it.

No limits are placed on the criminal acts, so presumably they may include criminal damage, trespass, theft, abduction, violence, torture and assassination!

If proof were ever needed of the criminal intent of this Government; the way it is controlled by dark and unaccountable forces; and its slide towards a totalitarian state; this must be it. If it is passed, no British citizen, or indeed anyone else, will be safe ever again!

https://publications.parliament.uk/pa/bills/cbill/58-01/0188/200188.pdf

The purpose of the Bill negates the long established principle that the Government and its agencies, in what we know is a wicked world, should at least be trusted to act within the law and eschew criminal behaviour. Furthermore Government agencies should never be above the law, thus allowing aggrieved individuals, either in criminal or civil law to seek redress. 

For the first time, the Government is now throwing out both principles. In consequence, has there ever been a greater or more profound threat to the Lockean principle of a right to life, liberty and property, free of unlawful interference from the state? If the Government indemnifies itself of all or any criminal act, what protection from it, will any individual have?

For years I and others have pointed to all the worrying signs:

Speeches by Prime Ministers at the United Nations. Campaigns of terror from 9/11 onwards. Military actions in foreign countries to destabilize and ruin them. The active military support of extremist groups and terrorists. The persecution/prosecution of those who have attempted to shine a light on covert activity. Increased personal surveillance and the militarisation of GCHQ. The militarisation of policing. Encouraging the use of armed officers and 'shoot to kill' on the pretext of terrorism or even just serious crime. The politicisation of policing particularly in London. The centralisation of administrative power in the Cabinet Office (now with 7000 staff). The army on the streets. Unprecedented interference of personal freedom and curfew on the back of a greatly exaggerated Covid-19 threat. Disruption of representative government. Treating the Commons "with contempt". Trashing the economy and killing far more people that it saves. A Prime Minister out of touch and out of control. 

This and the following proposed laws are just the icing on the cake. The clue is in the title, confirmed in the substance. As they say, the Devil is in the detail. It is eighty years since the outbreak of the Second World War, only now we appear to be on the other side.

Queen, sans mask, on first official visit (to Porton Down) since the lock-down, wears 'covid' broach.  Beyond sardonic.

© Provided by Yahoo! Style UK Details of the brooch worn by Queen Elizabeth II during a visit to the Energetics Analysis Centre at the Defence Science and Technology Laboratory (DSTL) at Porton Down, Wiltshire, to view a display of weaponry and tactics used in counter intelligence, and meet staff who were involved in the Salisbury Novichok incident. The brooch was a gift from the Duke of Edinburgh in 1966, for her visit to Porton Down.



From elsewhere: "MP’S BACK MORE LEGISLATION “TO KEEP US SAFE”

• MPs have backed the latest stage of a bill to allow undercover agents to commit crimes on operations.
• Opening the debate earlier on Monday, Home Office minister James Brokenshire said the bill would "help keep our country safe. He said it would "ensure operational agencies and public authorities have access to tools to keep us safe from terrorists, safe from serious organised crime groups and safe from those who wish to cause harm to our country and citizens.
• BBC home affairs correspondent Dominic Casciani said the legislation would explicitly authorise MI5, the police, the National Crime Agency and other agencies that use informants or undercover agents to commit a specific crime as part of an operation. ENDS."


How a Bill becomes an Act of Parliament (i.e. 'The Law'): https://www.parliament.uk/about/how/laws/passage-bill/





Covert Human Intelligence Sources (Criminal
Conduct) Bill
_________________________________________
A
BILL

To make provision for, and in connection with, the authorisation of criminal conduct in the course of, or otherwise in connection with, the conduct of covert human intelligence sources.
Presented by Secretary Priti Patel
supported by
the Prime Minister,
Secretary Robert Buckland,
Secretary Dominic Raab,
Secretary Brandon Lewis,
and James Brokenshire.
the Attorney General,

_________________________________________________________________________
Ordered, by The House of Commons,
to be Printed, 24th September 2020.

__________________________________________________________________________

© Parliamentary copyright House of Commons 2020
This publication may be reproduced under the terms of the Open Parliament Licence, which is published at
www.parliament.uk/site-information/copyright
PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS

Bill 188



Covert Human Intelligence Sources (Criminal Conduct) Bill 2019-21


This is a public bill presented to Parliament by the Government.

The Bill was introduced to the House of Commons and given its First Reading on Thursday 24 September 2020. This stage is formal and takes place without any debate.

What happens next?

MPs passed the Bill at Second Reading on Monday 5 October 2020. The Bill will now be considered in Committee of the Whole House on Thursday 15 October 2020 followed by all remaining stages on the same day.


Source: https://services.parliament.uk/bills/2019-21/coverthumanintelligencesourcescriminalconduct.html


Summary of the Covert Human Intelligence Sources (Criminal Conduct) Bill 2019-21

A Bill to make provision for, and in connection with, the authorisation of criminal conduct in the course of, or otherwise in connection with, the conduct of covert human intelligence sources.


Secretary Priti Patel has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Covert Human Intelligence Sources (Criminal Conduct) Bill are compatible with the Convention rights.


“29B Covert human intelligence sources: criminal conduct authorisations 


(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section each have power to grant criminal conduct authorisations. 


(2) A “criminal conduct authorisation” is an authorisation for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source. 


(3) A criminal conduct authorisation may only be granted in relation to a covert human intelligence source after, or at the same time as, an authorisation under section 29 which authorises the conduct or the use of the covert human intelligence source concerned. 


(4) A person may not grant a criminal conduct authorisation unless the person believes— (a) that the authorisation is necessary on grounds falling within subsection 


(5); (b) that the authorised conduct is proportionate to what is sought to be achieved by that conduct; and (c) that arrangements exist that satisfy such requirements as may be imposed by order made by the Secretary of State. 


(5) A criminal conduct authorisation is necessary on grounds falling within this subsection if it is necessary— 

(a) in the interests of national security; 

(b) for the purpose of preventing or detecting crime or of preventing disorder; or 

(c) in the interests of the economic well-being of the United Kingdom. 


(6) In considering whether the requirements in subsection (4)(a) and (b) are satisfied, the person must take into account whether what is sought to be achieved by the authorised conduct could reasonably be achieved by other conduct which would not constitute crime. 


(7) Subsection (6) is without prejudice to the need to take into account other matters so far as they are relevant (for example, the requirements of the Human Rights Act 1998). 


(8) The conduct that is authorised by a criminal conduct authorisation is any conduct that— (a) is comprised in any activities— (i) which involve criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source, and (ii) are specified or described in the authorisation; (b) consists in conduct by or in relation to the person who is so specified or described as the covert human intelligence source to whom the authorisation relates; and 5 10 15 20 25 30 35 40 45 Covert Human Intelligence Sources (Criminal Conduct) Bill 3 (c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described. 


(9) If an authorisation under section 29, which authorises the conduct or the use of a covert human intelligence source to whom a criminal conduct authorisation relates, ceases to have effect, the criminal conduct authorisation also ceases to have effect so far as it relates to that covert human intelligence source (but this is without prejudice to whether the criminal conduct authorisation continues to have effect so far as it relates to any other covert human intelligence source). 


(10) The Secretary of State may by order— (a) prohibit the authorisation under this section of any such conduct as may be described in the order; and (b) impose requirements, in addition to those provided for by subsections (3) and (4), that must be satisfied before an authorisation is granted under this section for any such conduct as may be so described.”


 “PART A1 RELEVANT AUTHORITIES FOR THE PURPOSES OF SS. 28, 29 AND 29B Police forces etc 


A1 Any police force. 


B1 The National Crime Agency. 


C1 The Serious Fraud Office. The intelligence services 


D1 Any of the intelligence services. The armed forces 


E1 Any of Her Majesty’s forces. Revenue and Customs 


F1 Her Majesty’s Revenue and Customs. Government departments 


G1 The Department of Health and Social Care. 


H1 The Home Office. 


I1 The Ministry of Justice. Other bodies 


J1 The Competition and Markets Authority. 


K1 The Environment Agency. 


L1 The Financial Conduct Authority. 


M1 The Food Standards Agency. 


N1 The Gambling Commission.”


6 Commencement and transitional provision (1) This section and section 7 come into force on the day on which this Act is passed.



B.  Overseas Operations (Service Personnel and Veterans) Bill

Very coincidentally, running parallel in the Parliamentary timetable is the Overseas Operations (Service Personnel and Veterans) Bill which also contains some very dubious provisions. Its progress can be viewed here: 

https://services.parliament.uk/bills/2019-21/overseasoperationsservicepersonnelandveterans.html

And the contents of the Bill here:

https://publications.parliament.uk/pa/bills/cbill/58-01/0117/cbill_2019-20210117_en_2.htm#pt1-pb1-l1g1

It is officially described as, "A Bill to Make provision about legal proceedings and consideration of derogation from the European Convention on Human Rights in connection with operations of the armed forces outside the British Islands." 

Basically it has the effect to exonerate potentially illegal acts by armed service members within five years or more from the passing of the act. 

It covers all “overseas operations” meaning "any operations outside the British Islands, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of Her Majesty’s forces come under attack or face the threat of attack or violent resistance."

A plethora of recent cases have highlighted the issue of soldiers being prosecuted for actions in Afghanistan, Iraq and Northern Ireland, some dating back fifty years, that have gained considerable sympathy from the public. Insofar as this Bill attempts to address the issue of historic cases and the exceptional circumstances in war zones, it might be viewed positively. 

But there is a much darker aspect analogous to the former Covert Human Intelligence Bill - effectively decriminalising what would otherwise be criminal acts of the most serious kind, including murder and torture. And we are all aware how if not directly involved in such, British service personnel have been complicit in facilitating others to do so. We also know that British troops have been deployed in Iraq and Syria teaching other groups, techniques that has resulted in death and torture. No doubt this measure has those in mind as well. An MP's reply to concerns is replicated below.

Derek Thomas (derek.thomas.mp@parliament.uk)To:you Details
Dear Timothy,

Thank you very much for writing to me about the Overseas Operations (Service Personnel and Veterans) Bill. 

The Armed Forces Minister is currently in the middle of an extensive programme of engagement to ensure all colleagues from all parties are content with the Bill.

The Bill is in no way a barrier to justice, it is not an amnesty nor a statute of limitations, and it does not prevent allegations of wrongdoing more than five years ago - including war crimes and torture - from being investigated and, where appropriate, prosecuted.  

A decision on whether to prosecute for such crimes will continue to be for the independent prosecutor to make - the Bill does not change this position.  The UK’s role in the promotion and protection of human rights, and unreservedly condemnation the use of torture are completely unchanged.  

The Government remains committed to its obligations under international humanitarian and human rights law, including the UN Convention Against Torture. Nothing in the Bill changes this position.

Yours sincerely,


Derek Thomas MP
For West Cornwall and the Isles of Scilly (St Ives)


There is a presumption of NOT prosecuting where the five year term has elapsed between the alleged offence and instituting proceedings. What would be the logic of allowing prosecutions of old cases but not new ones?  The Act appears to make retrospective crimes non prosecutable five years previous to the passing of it, then continuing forever unless repealed. What is the logic of limiting it to only five years?  Here is the wording of the section in question. The reader can make their own mind up as to the implications.

I can't reproduce it here so you will have to check out the wording in Part 1 here:



C.  Overview

It seems highly convenient that both these measures are being rushed through Parliament, when the Covid-!9 panic is still raging with its disruptive effect on the procedures of the two Houses. 

In relation to the latter, Speaker Hoyle stated the Government had treated the Commons "with contempt". Many may consider that as regards the Covid restrictions and these pieces of legislation, it is treating the population and the Constitution in a similar manner.  

If both measures are passed - and scandalously the Leader of the Opposition, a lawyer by trade, whipped the Labour MPs to abstain at Second Reading - they will effectively mean that in most relevant cases, no illegal action of Government, either here or abroad, will be actionable in law. Its employees and agents will not be restrained in their actions in approved cases, by the knowledge that they be held legally accountable. 

In other words the Government would be able to do whatever it likes to people without consequence, the very cause of the Magna Charta eight hundred years ago. Can it be true that yet again only the Barons stand between us and despotism? END.


Stop the War Coalition issued the following Statement

The Stop the War Coalition expresses alarm that the Covert Human Intelligence Sources (Criminal Conduct) Bill has passed its third reading in the House of Commons.

The legislation allows authorisation by a wide range of state organisations for undercover agents to commit crimes as part of their work.

The nature of the crimes which could be authorised is not specified and the bill fails to rule out the authorisation of murder, torture or sexual violence.

There is a well established recent history of state infiltration by the security services of campaigning organisations including anti-racist and environmental groups and surveillance of trade union activity.

There is strong evidence of apparently illegal activity by undercover state agents in this work.

Metropolitan Police documents have portrayed the Stop the War Coalition amongst others as an organisation with the potential to promote terrorism.

The bill is being rushed through parliament in advance of the findings of the Mitting Review which was established to examine the record of infiltration and the actions of undercover agents.

All credit to those MPs who voted against the bill, but we believe the passing of the bill represents a serious threat to all our civil liberties and to the freedoms of protest and dissent and that it should be withdrawn.

16 Oct 2020


conduct.


Prosecutorial decision regarding all

offence should be continued.

7 comments:

  1. Relevant information regarding the cover-up of illegal acts by the USA government:

    https://thefreedomarticles.com/assange-hearing-day-13/

    ReplyDelete
  2. https://tribunemag.co.uk/2020/10/jeremy-corbyn-its-time-to-stand-up-for-human-rights-and-oppose-the-spy-cops-bill?fbclid=IwAR05pNV7kMmxp0PjVIVa5r_PZcy8Q4Xe0QvGFGkW-GJ5zHI7jaqmc7rV3R0

    ‘It’s Time to Stand Up for Human Rights and Oppose the Spy Cops Bill’
    By
    Jeremy Corbyn

    ReplyDelete
  3. https://gumshoenews.com/2020/10/17/predictions-and-messages-what-is-being-planned/#more-26065

    Predictions and Messages — What is Being Planned?
    October 17, 2020

    ReplyDelete
  4. Rich Planet on Covid: https://www.youtube.com/watch?v=v7N1nbsW1B4

    ReplyDelete
  5. https://plato.stanford.edu/entries/locke-political/ Locke's idea of the primacy of individual freedom in life, must be the basis of any democratic constitution. It is mitigated by the idea of a social contract (Thomas Hobbs, Rousseau) between individual and state, by which individuals and lower order groups or corporations, give up some of those freedoms in return for protection provided by the state against enemies without and within. John Stuart Mill as regards the relationship between individuals, suggests the freedom of action, is limited only by the harm done to others. In other words there is a fundamental ability to act freely, unless and until the action impinges adversely on others. In large and sophisticated nation states, the power to make the rules is delegated to a Parliament. We have a tri-partite parliament (Commons, Lords, Sovereign) with a tri-part separation of powers between Executive, Legislature and Judiciary, that together create and enforce 'the Rule of Law'. The difficulty arises when those very laws impinge upon the fundamental right to the life, liberty and property of the individual. Power and authority was once claimed to flow (downwards'?) from God to the King, as distinct from the people (upwards'?) through elected representatives in Parliament assembled. England engaged in a bloody war over the principle. In the end superior force and violence settled the issue, at least for a few years, ironically resulting in essentially a military dictatorship, but it was not until 1688/9 that the issue obtained written clarification in a new Constitution. In a sense the Constitutional Settlement was an evolutionary fudge retaining an hereditary monarch but severely limiting its executive power to two subservient houses of Parliament, the remnants of which arrangement still exist. But the problem of over-reaching executive power, though not claiming to come direct from God, is still with us. Now it issues from Number 10 and all the shadowy back room boys in the Cabinet Office and Secret Service departments. The covid so-called 'crisis' has brought the issue into practical stark relief. Fundamental freedoms of religion, association, movement, business and behaviour have been drastically infringed, it is argued to protect us from disease. We are back to the nature of relationship between individual and state. It is an unfair match. All are forced to conform or face criminal sanctions. Who is to set the limits to this executive power if neither Parliament or the executive will ?

    ReplyDelete
  6. See how it's catching on?

    The Father of Iran's Nuclear Weapons Program Assassinated Near Tehran
    Tehran vows to avenge the death of Mohsen Fakhrizadeh, the country's top nuclear scientist. Intelligence officials tells the New York Times that Israel is behind the shooting attack.

    https://www.haaretz.com/middle-east-news/iran/report-top-iranian-nuclear-scientist-assassinated-1.9332192?utm_source=Push_Notification&utm_medium=web_push&utm_campaign=General

    ReplyDelete
  7. Responding to news that the Covert Human Intelligence Sources (Criminal Conduct) Bill has passed its third reading in Parliament by 313 votes to 98, Kate Allen, Director of Amnesty International UK, said:

    “It’s hugely worrying that we’re a step closer to seeing this deeply dangerous bill become law. MPs are signing off on a licence for government agencies to authorise torture and murder.

    “Giving such disturbing powers to bodies including MI5 and the police could have devastating impacts.
    https://www.amnesty.org.uk/press-releases/uk-mps-vote-through-deeply-dangerous-covert-human-intelligence-sources-bill?fbclid=IwAR2HKkkGk3HufYeN-kajQf3cApneF75wzjmQt_ShSBRXrYwwR73Jh0ejINs

    ReplyDelete

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