MI5 gives its agents a licence to... break laws

SPIES have been given a licence to commit crimes under a controversial law.

Decades after James Bond got his ‘licence to kill’, agents from MI5 and MI6 will now have legal backing for the first time to carry out offences they consider necessary in the fight against terrorism and other crimes threatening national security.

Under the Covert Human Intelligence Sources Bill, to be introduced in Parliament today, no crimes are expressly prohibited for undercover agents.

But a clause buried in the legislation suggests agents need to comply with the Human Rights Act, which would rule out murder and torture in the name of the state.

The legislation will allow organisations such as MI5, the National Crime Agency and police forces to sanction undercover operatives and agents to carry out ‘necessary and proportionate’ offences. It will also extend to investigators from organisations such as HMRC, UK Border Force and the Serious Fraud Office, who will be able to break the law in stings to uncover wrongdoing.

The legislation would allow prison officers or probation staff, immigration officers and members of the Armed Forces to ask a covert source to commit a crime.

Civilians working for the Environment Agency, Food Standards Agency, Medicines and Healthcare Regulation Authority, Competition and Markets Authority and Financial Conduct Authority will also be covered.

The far-reaching powers have horrified human rights groups. Maya Foa, director of Reprieve, said: ‘We are seriously concerned that the Bill fails to expressly prohibit MI5 and other agencies from authorising crimes like torture, murder and sexual violence.’

Sources say the Bill does not amount to a ‘get out of jail free card’ as agents could still face prosecution if they overstep what they have been authorised to do, which is subject to independent oversight by the Investigatory Powers Commissioner.

Security minister James Brokenshire said it provided a ‘sound legal footing’ for vital undercover work.