WE need to talk about spy cops. Undercover police officers who infiltrated climate change and other protest groups and formed relationships with women activists. Some of these relationships lasted for years, children were born, and plans made for the future. And then one day the women woke up to find their partners had vanished without trace and without explanation, never to be seen again. Only years later they found out who these people really were, undercover spies working for the state to disrupt and undermine legitimate protest.

This scandal is currently being investigated by a public inquiry.

You would think that the British Government would want to address the scandal and be waiting for the outcome of the inquiry to do so. But no. You would be wrong. Instead they are railroading through legislation to ensure this activity can continue, on a statutory basis, with little or no oversight.

Undercover activity by Covert Human Intelligence Sources (CHIS) has gone on for years. In order to protect the public it can be necessary to infiltrate terrorist groups and organised crime groups engaged in paedophilia, human trafficking and drug smuggling. But it has to be done on a proper statutory basis within reasonable limits and with judicial oversight and human rights safeguards. A recent court case challenged the lack of a legal basis for it, so the UK Government have used that as an excuse to put it on a statutory basis with knobs on.

READ MORE: Holyrood rejects Westminster bid to allow 'spy cops' to break law with impunity

Last week a number of Yes groups led by the Forth Valley Independence Network wrote to me with their concerns that this new law could be used to stifle peaceful protest and dissent and that it might even be used to combat the independence campaign.

Their concerns are not misplaced or fanciful.

When this bill becomes law, public authorities including the police, the intelligence services, and... wait for it... the environment agency and even the food standards agency (!) will be able to authorise undercover sources to commit crimes with impunity. There’s no limit to the crimes they can commit, including murder, torture or sexual violence and these crimes can be committed to “prevent disorder” or maintain “economic wellbeing”. No prior judicial authorisations is required to commit a crime. No wonder women’s groups, trade unions and independence campaigners are worried.

Tory ministers have tried to argue that anyone adversely affected could take action against the state under the Human Rights Act (HRA). But this is a downright lie. In another recent court case the UK Government’s lawyers argued that the HRA does not apply to crimes committed by CHIS because “the state, in tasking the CHIS … is not the instigator of that activity and cannot be treated as somehow responsible for it … it would be unreal to hold the state responsible”.

Besides, the Tories are planning on reducing the ability of individuals to challenge human rights violations by the state under the HRA. Their hypocrisy is nauseating.

Women Against Rape has signed a statement objecting to the bill with the support of over 50 organisations, including the Haldane Society of Socialist Lawyers, Black Lives Matter groups, disability, women’s and environmental justice campaigners.

Trade unions have also taken a stand against the bill with Chris Stephens MP championing their cause in the Commons.

The SNP backed a number of amendments to the bill to try to ameliorate its effects. They were all voted down by the Tories. The House of Lords made some relatively restrained amendments to the bill to place explicit limits on the conduct that can be authorised under it and to introduce some retrospective judicial oversight, but on Wednesday this week they were voted down in the Commons despite SNP support.

The passage of this bill through the Commons has been typical of the reality the SNP now face as a result of Boris Johnson’s huge majority.

No matter how hard we work cross-party to build support for amendments designed to protect Scotland from the Tories nasty right-wing agenda we cannot win at Westminster.

READ MORE: Behind the Westminster ‘spy’ bill that could soon be harming independence cause

THIS has led me to argue that the SNP Westminster Group needs to change its strategy. I know many colleagues and party members agree with me and I will continue to argue that this must happen.

With this bill and the Overseas Operations Bill the British Government is creating special classes of defendant who are above the law. Spy cops will be able to break the law with impunity safe in the knowledge that the state, while pursuing others, will leave them alone. This is a stark example of the state interfering with the independence of the prosecutorial authorities and controlling their decisions about who should and should not be prosecuted. This is what happens in totalitarian states where the quashing of dissent is central to state control.

It is not something that should be tolerated in a democracy such as Scotland and I have worked closely with the Scottish Government’s Justice Secretary Humza Yousaf to make sure that the SNP at Westminster and Holyrood have spoken with one voice firmly against this bill. That’s why SNP MPs voted against it at third reading, and last week in the Scottish Parliament Humza recommended the refusal of a legislative consent motion to the elements of the bill that relate to devolved competences. All parties at Holyrood, apart from the Tories, (naturally), agreed with him.

Recognising that there is a need for legitimate covert surveillance of paedophiles, drug dealers and human traffickers the Scottish Parliament will pass its own human rights compliant legislation to regulate what happens in relation to devolved matters.

Equality before the law, freedom of expression, the right to protest and the right even just to disagree with those in power are the cornerstones of a democracy. Those who wish to shut down dissent are the enemies of democracy and the rule of law. As Scotland approaches the resumption of our statehood it is vital that we keep the protection of everyone’s human rights front and central.

Later today I am meeting with Professor Alan Miller, the independent co-chair of Scotland’s National Task Force for Human Rights Leadership. This group was set up by the Scottish Government to help prepare a bill to introduce a new statutory human rights framework for Scotland.

The Advisory Group has recommended that specific attention be given to the rights of children, women, persons with disabilities, older people and BAME and LGBT+ communities and it is about to engage in a public participatory process as part of the preparation for a bill.

I am delighted to be asked to engage with the process. It speaks volumes that as the UK Government is working to diminish our human rights protections, a body set up by the Scottish Government is working to increase them and I intend to continue to do all can to make sure we live in a human rights compliant country.