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2020-12-02

Jonathan Saxty writing for Brexit Watch draws our attention to the differences that the Swiss canton system bestows upon Swiss democracy, as compared to our own system.

He also draws attention to the Covert Human Intelligence Sources (CHIS) Bill  that "affords police – and other public bodies – the power to forgive crimes committed in the interests of national security, preventing or detecting crime or disorder, and for economic reasons".

For economic reasons???

"The Bill provides an express power to authorise CHIS to participate in conduct which would otherwise constitute a criminal offence"

"This is not a new capability; the Bill provides a clear legal basis for a longstanding tactic which is vital for national security and the prevention and detection of crime"

"Any authorisation for criminal conduct must be necessary and proportionate and compatible with obligations under the European Convention on Human Rights"

"The Bill requires the Investigatory Powers Commissioner to keep under review public authorities’ use of the power and to include information on criminal conduct authorisations in his annual report"

"The number of public authorities able to authorise this conduct has been restricted from those who can authorise the use and conduct of CHIS generally. Only the intelligence agencies, NCA, police, HMRC, HM Forces and ten other public authorities will be able to authorise criminal conduct"

(NCA: National Crime Agency)

HMRC?

HM Forces?

"Public authorities"?

What could possibly go wrong?

Is this not simply "laws for you, no laws for us"?

Is this not a National Socialist's dream come true?

In the wrong hands, how could this extraordinary power be curtailed?

"The Investigatory Powers Tribunal will continue to have jurisdiction to investigate and determine complaints against public authorities’ use of this power. The Tribunal is entirely independent from the Government and public authorities who use investigatory powers"

Who will appoint and finance these "independent" personnel?

The only way that the public could possibly have confidence that these powers are not being abused is that they will be exercised with full transparency (which will be impractical).

I'm sorry, but a toothless "independent" "Investigatory Powers Commissioner" and "Tribunal" armed with pens full of whitewash reporting outside the Law Courts years after the event will not cut it.

This gratuitous overreach must be rejected.

"Be ye never so high, the law is above you".