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Amendments to the Regulation of Investigatory Powers Bill

Regulation of Investigatory Powers Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Regulation of Investigatory Powers Bill to be moved in Committee in the House of Lords.

  
Clause 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 4, line 41, at end insert--
 
    ("(  )  In subsection (5) the reference to data comprised in or attached to a communication for the purposes of a telecommunication system by means of which it is being or may be transmitted includes a reference to any communication or part of a communication consisting of signals for the actuation of apparatus comprised in a telecommunication system by which they will be or may be received.")
 
  
Clause 4
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 6, line 27, leave out subsections (2) and (3) 
     Page 7, leave out lines 14 and 15 
  
Clause 6
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 9, line 4, at end insert--
    ("(  )  the Chief Executive of the Benefits Agency;")
 
  
Clause 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 10, line 9, after ("identifying") insert ("the communications that may be or are to be intercepted.
 
    (  )  Any factor or combination of factors set out in accordance with subsection (2) must be one that identifies")
 
  
Clause 11
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 13, line 8, at end insert ("except for particulars which are necessary to identify the target of interception for the purpose of ensuring that conduct is in accordance with section 5(6)") 
  
Clause 12
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 14, line 13, after ("State") insert ("and the Technical Approvals Board") 
     Page 14, line 15, at end insert ("and that the proposed steps are proportionate to the purpose of the provision") 
     Page 14, line 27, at end insert--
    ("(  )  persons representing the users of the services affected,")
 
     Page 14, line 33, after ("been") insert ("considered by the Technical Approvals Board,") 
     Page 14, line 34, at end insert--
 
    ("(  )  The Technical Approvals Board, after considering a draft order under subsection (1), shall report to the Secretary of State their conclusions as to whether the obligations listed in the order--
    (a)  will achieve the purpose set out in subsection (1),
    (b)  are proportionate to that purpose, and
    (c)  will achieve that purpose without compromising the security of communications not covered by any interception warrant.")
 
  
After Clause 12
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Insert the following new Clause-- 
     ("  .--(1)  There shall be a Technical Approvals Board consisting of--
    (a)  six members appointed by the Secretary of State as representative of persons likely to be subject to, and affected by, technical obligations under this Act,
    (b)  six members appointed by the Secretary of State as representative of the persons specified in section 6, and
    (c)  the Interception of Communications Commissioner or a representative appointed by him.
    (2)  The Technical Approvals Board shall have power to commission such expert advice as it deems necessary.")
Technical Approvals Board.
  
Clause 13
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 15, line 5, leave out ("may, if he thinks fit,") and insert ("shall") 
  
Clause 14
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 15, line 32, after ("necessary") insert ("to keep confidential all the information in the intercepted material and any communications data and in particular") 
     Page 15, line 39, after ("if") insert (",  and only if,") 
     Page 16, line 4, after ("if") insert (",  and only if,") 
     Page 16, line 15, after ("Chapter") insert ("or Chapter II") 
  
Clause 15
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 17, line 21, leave out ("is referable to") and insert ("can be associated with") 
     Page 17, line 26, leave out subsection (3) 
     Page 17, line 31, leave out ("referable to") and insert ("associated with") 
     Page 17, line 35, leave out subsections (4) and (5) 
  
Clause 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 19, line 6, leave out ("or") 
     Page 19, line 8, at end insert ("or any proceedings arising out of proceedings before that Commission; or
    (f)  any proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission.
    (  )  Subsection (1) shall not, by virtue of paragraph (e) or (f), authorise the disclosure of anything--
    (a)  in the case of any proceedings falling within paragraph (e), to--
          (i)  the appellant to the Special Immigration Appeals Commission; or
 
 
          (ii)  any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under section 6 of the Special Immigration Appeals Commission Act 1997) represents that appellant;
 
 {jf48}or{PA  
 
    (b)  in the case of proceedings falling within paragraph (f), to--
          (i)  the applicant to the Proscribed Organisations Appeal Commission;
          (ii)  the organisation concerned (if different);
          (iii)  any person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct proceedings so falling on behalf of that organisation; or
          (iv)  any person who for the purposes of proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents that applicant or that organisation.")
1997 c. 68.
  
Clause 20
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 23, line 8, leave out ("Chapter") and insert ("Part") 
     Page 23, line 13, leave out ("includes none") and insert ("neither includes nor indicates any") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 23, line 22, at end insert--
 
    ("(  )  In subsection (4)(a) the reference to data comprised in or attached to a communication for the purposes of a telecommunication system by means of which it is being or may be transmitted includes a reference to any communication or part of a communication consisting of signals for the actuation of apparatus comprised in a telecommunication system by which they will be or may be received.")
 
  
Clause 21
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 23, line 32, leave out ("designated for the purposes of this Chapter") and insert ("specified in section 6(2)") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 24, line 4, leave out from ("health") to end of line 7 
  
BY THE LORD COPE OF BERKELEY
 
     Page 24, line 20, at end insert--
 
    ("(4A)  Where it appears to the designated person that a postal or telecommunications operator is not or may not be in possession of, but is or may be capable of obtaining, any communications data, the designated person shall not give a notice under subsection (4) unless he has obtained a certificate of technical capability from the Technical Approval Board.")
 
     Page 24, line 20, at end insert--
 
    ("(4B)  In this section "a certificate of technical capability" means a certificate in writing given by the Technical Approval Board to the effect that the postal or telecommunications operator--
    (a)  is technically capable of obtaining the communications data, or
    (b)  could be technically capable of obtaining the communications data if certain steps were taken, and the certificate--
          (i)  specifies or describes such steps; and
          (ii)  certifies that the taking of such steps would be proportionate to what is sought to be achieved by so obtaining the data.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 24, line 35, at end insert--
 
    ("(8A)  The Secretary of State shall not make an order under subsection (2)(h) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
Clause 24
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 26, line 29, leave out ("and their department") 
  
Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 27, line 43, at end insert--
 
    ("(  )  For the purposes of this Part surveillance which--
 
 
    (a)  is carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of section 1 of the Wireless Telegraphy Act 1949), and
    (b)  is carried out from outside those premises exclusively for that purpose,
is neither directed nor intrusive.")
1949 c. 54.
  
Clause 27
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 29, line 41, at end insert--
 
    ("(5)  The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
Clause 28
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 31, line 8, at end insert--
 
    ("(5A)  The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
Clause 29
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 31, line 43, leave out subsection (4) and insert--
 
    ("(4)  A public authority is a relevant public authority for the purposes of this section--
    (a)  in relation to section 27 if it is specified in Part I or II of Schedule (Relevant public authorities); and
    (b)  in relation to section 28 if it is specified in Part I of that Schedule.
    (4A)  The Secretary of State may by order amend Schedule (Relevant public authorities) by--
    (a)  adding a public authority to Part I or II of that Schedule;
    (b)  removing a public authority from that Schedule;
    (c)  moving a public authority from one Part of that Schedule to the other;
    (d)  making any change consequential on any change in the name of a public authority specified in that Schedule.
    (4B)  The Secretary of State shall not make an order under subsection (4A) containing any provision for--
    (a)  adding any public authority to Part I or II of that Schedule, or
    (b)  moving any public authority from Part II to Part I of that Schedule,
unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
     Page 32, line 18, leave out from ("authority") to second ("by") in line 19 and insert ("added to Schedule (Relevant public authorities) by an order made under subsection (4A)") 
 
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