Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

535

 

House of Commons

 
 

Tuesday 15 July 2014

 

Committee of the whole House

 

Amendments tabled as of 12.30 pm

 

Manuscript amendments tabled on 15 July are marked with a Parliamentary Star

 

Data Retention and Investigatory Powers Bill


 

Mr George Howarth

 

Mr Mark Field

 

Hazel Blears

 

Fiona Mactaggart

 

1

 

Clause  3,  page  4,  line  19,  at end insert—

 

“(5)    

In section 25 (interpretation of Chapter 11), subsection (1), after “in accordance

 

with subsection (2);”, insert—

 

““economic well-being of the United Kingdom” is defined as the security of

 

critical national infrastructure, the conduct of defence contracts, the development,

 

manufacture and design of UK defence systems, and the stability of the UK

 

currency, banking and financial systems.”

 


 

Edward Miliband

 

Yvette Cooper

 

Ms Rosie Winterton

 

Emily Thornberry

 

Mr Douglas Alexander

 

Mr David Hanson

 

3

 

Parliamentary Star    

Clause  6,  page  6,  line  41,  at end insert “and is subject to a reporting requirement as

 

set out in subsection (1A).

 

(1A)    

The Commissioner for the Interception of Communications must report on the

 

operation of this Act six months following commencement of this Act, followed

 

by subsequent reports every six months.”


 
 

Committee of the whole House: 15 July 2014              

536

 

Data Retention and Investigatory Powers Bill, continued

 
 

Edward Miliband

 

Ms Rosie Winterton

 

Yvette Cooper

 

Mr David Hanson

 

Mr Douglas Alexander

 

Emily Thornberry

 

4

 

Parliamentary Star    

Clause  6,  page  7,  line  1,  leave out “5” and insert “(Half-yearly reports by the

 

Interception of Communications Commissioner)

 

Mr Tom Watson

 

Caroline Lucas

 

John Hemming

 

Mr Elfyn Llwyd

 

Mr David Davis

 

Mr Angus Brendan McNeil

 

Mr Roger Godsiff

 

Jim Sheridan

 

Mr George Mudie

 

Mr Khalid Mahmood

 

Mr David Anderson

 

Teresa Pearce

 

Jeremy Corbyn

 

Mrs Linda Riordan

 

Ian Lavery

 

Katy Clark

 

Jonathan Edwards

 

Hywel Williams

 

Ian Mearns

 

Grahame M. Morris

 

John McDonnell

 

Ms Diane Abbott

 

Mr David Winnick

 

Mr Dennis Skinner

 

Mr Dai Havard

 

Naomi Long

 

Mark Durkan

 

Chris Williamson

 

Mr Ronnie Campbell

 

Sammy Wilson

 

Yasmin Qureshi

 

2

 

Clause  6,  page  7,  line  2,  leave out “2016” and insert “2014”

 

Edward Miliband

 

Ms Rosie Winterton

 

Yvette Cooper

 

Mr David Hanson

 

Mr Douglas Alexander

 

Emily Thornberry

 

5

 

Parliamentary Star    

Clause  6,  page  7,  line  2,  leave out “5” and insert “(Half-yearly reports by the

 

Interception of Communications Commissioner)

 



 
 

Committee of the whole House: 15 July 2014              

537

 

Data Retention and Investigatory Powers Bill, continued

 
 

NEW CLAUSES

 

Edward Miliband

 

Yvette Cooper

 

Mr Douglas Alexander

 

Ms Rosie Winterton

 

Emily Thornberry

 

Mr David Hanson

 

NC1

 

To move the following Clause—

 

“Review of the powers, regulation, proportionality and oversight for

 

communications and interception

 

(2)    

The Secretary of State must arrange—

 

(a)    

for the operation and future of the powers, regulation, proportionality and

 

oversight for data retention, access and interception to be reviewed, and

 

(b)    

for a report on the outcome of the review to be produced and published.

 

(3)    

Subsection (1) does not prevent the review from also dealing with other matters

 

relating to the Regulation of Investigatory Powers Act 2000, the Intelligence

 

Services Act 1994, oversight of the intelligence agencies and data privacy.

 

(4)    

The arrangements made by the Secrertary of State must provide for the review to

 

begin as soon as practicable, be carried out by the Independent Reviewer of

 

Terrorism Legislation, and include public consultation.

 

(5)    

The full terms of reference must be established in consultation with the

 

Independent Reviewer of Terrorism Legislation and relevant Select Committees

 

of both Houses of Parliament.”

 


 

Edward Miliband

 

Yvette Cooper

 

Mr Douglas Alexander

 

Ms Rosie Winterton

 

Emily Thornberry

 

Mr David Hanson

 

NC2

 

To move the following Clause—

 

“Oversight by the Interception of Communications Commissioner

 

(1)    

The Interception of Communications Commissioner must report on the operation

 

of sections 1 to 5 of this Act within six months of this Act coming into force and

 

on six-monthly intervals thereafter.”

 



 
 

Committee of the whole House: 15 July 2014              

538

 

Data Retention and Investigatory Powers Bill, continued

 
 

Dr Julian Huppert

 

NC3

 

To move the following Clause—

 

“Transparency on data collection

 

(1)    

Any public authority requesting data requested from a communications service

 

provider shall maintain proper records including—

 

(a)    

the category of offence being investigated;

 

(b)    

the length of time the data had been retained by the CSP when it was

 

requested;

 

(c)    

the type of data requested, as per the definitions in section 21 of the

 

Regulation of Investigatory Powers Act 2000.”

 


 

Dr Julian Huppert

 

NC4

 

To move the following Clause—

 

“Legal certainty for transparency reporting

 

(1)    

The Regulation of Investigatory Powers Act 2000 is amended as in subsection

 

(2).

 

(2)    

In section 54 (Tipping-off), after subsection (5) insert—

 

“(5A)    

In proceedings against any person for an offence under this section in

 

respect of any disclosure, it shall be a defence for that person to show that

 

the disclosure was made as part of an aggregated statistical disclosure

 

covering a period of time greater than six months.””

 

Member’s explanatory statement

 

This amendment would provide a defence against the “tipping-off” offence, which has been cited

 

as a reason why companies cannot release transparency reports. This amendment would allow

 

statistics to be made available at six monthly (or greater) intervals.

 



 
 

Committee of the whole House: 15 July 2014              

539

 

Data Retention and Investigatory Powers Bill, continued

 
 

Sir William Cash

 

Bernard Jenkin

 

Sir Richard Shepherd

 

Sir Gerald Howarth

 

Richard Drax

 

Philip Davies

 

Mr David Nuttall

 

Andrew Rosindell

 

Nigel Mills

 

Steve Baker

 

Mr Graham Brady

 

Mark Reckless

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

“Effect and justiciability of this Act

 

For the avoidance of doubt and notwithstanding sections 2 and 3 of the European

 

Communities Act 1972, this Act shall have effect and shall be construed as

 

having effect and shall be justiciable by the courts of the United Kingdom.”

 


 

Edward Miliband

 

Ms Rosie Winterton

 

Yvette Cooper

 

Mr David Hanson

 

Mr Douglas Alexander

 

Emily Thornberry

 

NC6

 

Parliamentary Star    

To move the following Clause—

 

“Half-yearly reports by the Interception of Communications Commissioner

 

(3)    

Section 58 of the Regulation of Investigatory Powers Act 2000 (reports by the

 

Interception of Communications Commissioner) is amended as follows.

 

(4)    

In subsection (4) (annual reports) after “calendar year” insert “and after the end

 

of the period of six months beginning with the end of each calendar year”.

 

(5)    

In subsection (6) (duty to lay annual reports before Parliament) after “annual

 

report” insert “, and every half-yearly report,”.

 

(6)    

In subsection (6A) (duty to send annual reports to the First Minister) after “annual

 

report” insert “, and every half-yearly report,”.

 

(7)    

In subsection (7) (power to exclude matter from annual reports) after “annual

 

report” insert “, or half-yearly report,”.”

 



 
 

Committee of the whole House: 15 July 2014              

540

 

Data Retention and Investigatory Powers Bill, continued

 
 

Edward Miliband

 

Ms Rosie Winterton

 

Yvette Cooper

 

Mr David Hanson

 

Mr Douglas Alexander

 

Emily Thornberry

 

6

 

Parliamentary Star    

Title,  line  7,  after “Act;” insert “to make provision about additional reports by the

 

Interception of Communications Commissioner;”

 


 
contents
 

© Parliamentary copyright
Revised 15 July 2014