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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 Marshalled List of Amendments to the Regulation of Investigatory Powers Bill to be moved in Committee in the House of Lords.

    The amendments have been marshalled in accordance with the instruction of 6th June 2000, as follows--
 Clauses 1 to 46
Schedule 1
Clauses 47 to 57
Schedule 2
Clauses 58 to 73
Schedules 3 and 4
Clause 74
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD LUCAS
 
1     Page 2, leave out lines 38 to 40 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
2*     Page 2, line 48, at end insert--
 
("and the interception is in accordance with provisions of regulations made under section 4(2) with the object of ensuring that the senders and recipients of such communications are made aware of the purposes for which, and the circumstances in which, those communications may be intercepted")
 
  
Clause 2
 
  
BY THE LORD LUCAS
 
3     Page 3, line 17, leave out ("postal") 
4     Page 3, line 22, leave out ("postal") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
5*     Page 3, leave out lines 23 to 33 and insert--
 
(""private telecommunication system" means any such parts of a telecommunication system which do not comprise a public telecommunication system;")
 
  
BY THE LORD LUCAS
 
6     Page 3, line 25, leave out from ("which") to ("there") in line 30 
7     Page 3, line 30, leave out ("both") 
8     Page 3, line 31, leave out from ("Kingdom") to end of line 33 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
9*     Page 4, leave out lines 1 to 5 and insert--
 
(""telecommunication system" means any system which exists for the purpose of facilitating the transmission of communications from an origin to a destination by any means involving the use of electrical or electro-magnetic energy (including any apparatus comprised in that system, but excluding those origins and destinations).")
 
  
BY THE LORD LUCAS
 
10     Page 4, line 3, leave out ("for the purpose of ") and insert ("one of the purposes of which is") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
11*     Page 4, line 5, at end insert--
 
    ("(1A) For the purposes of this section--
    (a)  the "origin" of the transmission of a communication includes any apparatus used to generate, assemble or prepare that communication, and
    (b)  the "destination" of the transmission of a communication includes any apparatus used to exhibit, interpret or act upon that communication.")
 
  
BY THE LORD LUCAS
 
12     Page 4, line 8, leave out from first ("if") to end of line 12 and insert ("he does anything so") 
13     Page 4, line 11, leave out paragraph (c) 
  
BY THE EARL OF NORTHESK
 
14*     Page 4, line 18, leave out ("general reception") and insert ("reception by the general public") 
  
BY THE LORD LUCAS
 
15     Page 4, line 20, leave out from first ("if") to second ("the") in line 21 
16     Page 4, line 21, leave out ("by conduct") 
17     Page 4, line 22, after ("within") insert ("or from") 
18     Page 4, line 22, leave out from ("Kingdom") to end of line 27 
19     Page 4, line 28, leave out from ("communication") to ("do") in line 30 
20     Page 4, line 41, at end insert ("and where no use whatever is made of any other information which a person may need to have access to in order to obtain addresses and other data so comprised or attached") 
21     Page 4, line 41, at end insert ("or
    (  )  any conduct in relation to anything which has been delivered, without any deliberate intent by any person, to a final destination other than a final destination intended by the sender")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
22     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.")
 
  
BY THE LORD LUCAS
 
23     Page 4, line 42, leave out subsection (6) 
24     Page 5, line 12, leave out ("logically") 
  
BY THE LORD COPE OF BERKELEY
 
     The Lord Cope of Berkeley gives notice of his intention to oppose the Question that Clause 2 stand part of the Bill. 
  
Clause 3
 
  
BY THE LORD LUCAS
 
25     Page 5, line 33, after ("place") insert ("only") 
26     Page 6, line 3, leave out from ("enactment") to ("that") in line 4 
  
Clause 4
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
27*     Page 6, line 26, at end insert--
 
    ("(  )  The conditions to be prescribed by paragraph (1)(d) above shall require the Secretary of State to be satisfied that the rights in that country or territory provided by the domestic law of that country or territory for a person who has had his communication intercepted shall be no less than those set out in the European Convention of Human Rights and Fundamental Freedoms.")
 
  
BY THE LORD COPE OF BERKELEY
 
28     Page 6, line 27, leave out subsections (2) and (3) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
29*     Page 6, line 27, leave out ("may") and insert ("shall") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
30*     Page 6, line 35, at end insert--
 
("and the regulations must include such provisions as the Secretary of State considers appropriate for attaining the object mentioned in section 1(6)")
 
  
BY THE LORD COPE OF BERKELEY
 
31     Page 7, leave out lines 14 and 15 
  
Clause 5
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUBDURY
 
32*     Page 7, line 28, leave out ("the Secretary of State") and insert ("a judge") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
33*     Page 8, line 1, leave out ("The Secretary of State") and insert ("A judge") 
  
BY THE LORD LUCAS
 
34     Page 8, line 6, at end insert ("and
    (  )  that any information obtained will only be used for the purposes for which the warrant is granted")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
35*     Page 8, line 9, leave out paragraph (a) 
36*     Page 8, line 11, leave out paragraph (c) 
37*     Page 8, line 13, leave out ("the Secretary of State") and insert ("a judge") 
38*     Page 8, line 34, at end insert--
 
    ("(  )  For the purposes of subsection (1) above, "a judge" shall include--
    (a)  in England and Wales, a circuit judge;
    (b)  in Scotland, a Sheriff; or
    (c)  in Northern Ireland, a county court judge.")
 
  
Clause 6
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
39     Page 9, line 4, at end insert--
    ("(  )  the Chief Executive of the Benefits Agency;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
40*     Page 9, line 5, leave out paragraph (j) 
  
Clause 7
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
41*     Page 9, leave out lines 12 to 14 and insert--
    ("(a)  by a judge; or
    (b)  in a case falling within subsection (2), by the Secretary of State.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
42*     Page 9, line 13, leave out paragraph (b) 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
43*     Page 9, line 16, leave out from ("case") to ("; and") in line 17 
44*     Page 9, line 29, leave out ("a senior official") and insert ("the Secretary of State") 
  
Clause 8
 
  
BY THE LORD LUCAS
 
45     Page 10, line 2, after ("person") insert ("(with or without such other persons as may be associated with him)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
46     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 9
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
47*     Page 10, line 34, leave out from ("State") to end of line 35 
  
Clause 11
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
48     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
 
49     Page 14, line 13, after ("State") insert ("and the Technical Approvals Board") 
50     Page 14, line 15, at end insert ("and that the proposed steps are proportionate to the purpose of the provision") 
51     Page 14, line 27, at end insert--
    ("(  )  persons representing the users of the services affected,")
 
52     Page 14, line 33, after ("been") insert ("considered by the Technical Approvals Board,") 
53     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.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. 
  
After Clause 12
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
54     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
 
55     Page 15, line 5, leave out ("may, if he thinks fit,") and insert ("shall") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
56*     Page 15, line 25, leave out ("he thinks appropriate towards") and insert ("are sufficient to meet") 
  
BY THE LORD LUCAS
 
57     Page 15, line 28, at end insert--
 
    ("(  )  For the purposes of this section "an appropriate contribution" shall be one which covers the full cost of the acquisition of any equipment, and the full cost of operation of such equipment, as shall be required directly or indirectly as a result of an order under section 12, less only such a proportion of such costs as shall fairly represent the benefit that a person derives from the installation or use of such equipment.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill. 
 
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Prepared 9 June 2000