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

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Clause 47
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
160*     Page 51, line 12, leave out second ("the") and insert ("a") 
161*     Page 51, line 16, leave out first ("the") and insert ("that") 
162*     Page 51, line 29, leave out ("the key itself") and insert ("an actual key") 
  
BY THE EARL OF LIVERPOOL
 
163*     Page 51, line 38, at end insert--
    ("(  )  in considering whether the giving of a direction is proportionate for the purposes of subsection (4)(b), regard must be given to the extent and nature of information other than the protected information in question which may be protected by the same key")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
164*     Page 51, line 38, at end insert--
 
    ("(  )  The person required to disclose a key shall be taken for the purposes of this Part to have complied with that requirement if, by the time by which he is required to disclose it to any person, he has disclosed any key which is capable of accessing the protected information or (as the case may be) putting it into an intelligible form.")
 
  
Clause 49
 
  
BY THE LORD LUCAS
 
165     Page 52, line 6, leave out ("or has had") 
166     Page 52, line 6, at end insert ("or who is reasonably able to obtain such possession") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
167*     Page 52, line 6, at end insert (", or had possession of the key--
          (i)  at any time during the period within which the notice, or any notice of which the relevant notice is a renewal, is in effect, or
          (ii)  at any time during a period prior to the coming into effect of the notice, and of any warrant or instrument which contained permission for the issuing of the notice, that is commensurate with the period within which the investigations or events which gave rise to the issuing of that notice, warrant or instrument were taking place")
 
  
BY THE LORD LUCAS
 
168     Page 52, line 23, leave out ("the") and insert ("a") 
169     Page 52, line 37, at end insert--
 
    ("(  )  A court shall be entitled to draw any reasonable inference as to the nature of the protected information where a person guilty of an offence under this section is charged with any other offence.")
 
  
Clause 50
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
170*     Page 52, leave out lines 42 and 43 and insert--
 
("during the period within which the notice is in effect, to keep secret from any specified person, or class of persons, the giving of the notice, its contents and the things done in pursuance of it, and to inform any other person who is made aware of any of those things of the requirements of the said provision")
 
  
BY THE LORD LUCAS
 
171     Page 52, line 46, leave out paragraphs (a) and (b) and insert ("the consent of an ordinary Surveillance Commissioner has been obtained") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
172*     Page 53, line 15, at end insert (", or class of persons") 
173*     Page 53, line 16, leave out ("makes a disclosure to any other person of") and insert ("explicitly discloses to any other person") 
174*     Page 53, line 17, after ("secret") insert ("from that person") 
  
BY THE LORD LUCAS
 
175     Page 53, line 26, leave out ("software") and insert ("systems") 
176     Page 53, line 32, leave out subsection (6) 
  
BY THE LORD BASSAM OF BRIGHTON
 
177     Page 54, line 20, at end insert ("or Assistant Surveillance Commissioner") 
  
Clause 51
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
178     Page 54, line 32, at end insert--
    ("(  )  that a key disclosed in pursuance of a notice under section 46 is stored safely and kept safe at all times,")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
179*     Page 54, line 37, at end insert--
    ("(  ) that a key disclosed in pursuance of a section 46 notice is stored safely and kept safe at all times;")
 
  
Clause 52
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
180*     Page 55, line 31, at end insert (", and does not affect the intelligibility or accessibility of that communication or data") 
181*     Page 55, line 37, leave out ("or both") and insert ("the establishment of the authority conveyed by it, or any combination of these things") 
  
BY THE LORD LUCAS
 
182     Page 55, line 38, leave out from ("means") to end of line 40 and insert ("anything (including any key, code, password, algorithm or other data) the use of which, with or without any other thing") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
183*     Page 55, line 41, leave out paragraphs (a) and (b) and insert--
    ("(a) serves to and is intended to deny, to any person or apparatus, access to the electronic data or the putting of the data into an intelligible form, or
    (b) serves to establish the authenticity, or the integrity, or the authority conveyed by, the data;")
 
  
BY THE LORD LUCAS
 
184     Page 56, line 24, leave out subsection (4) 
185     Page 56, line 34, leave out sub-paragraph (iii) 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
186*     Page 56, line 38, at end insert ("; and
    (c) references to the authority conveyed by any communication or data are references to the effect that the communication or data is intended to bring about when made available to the person or apparatus that was intended to act upon it")
 
  
Clause 53
 
  
BY THE LORD LUCAS
 
187     Page 57, line 3, leave out paragraph (a) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
188     Page 57, line 5, at end insert ("and 14 and 15") 
  
BY THE LORD LUCAS
 
189     Page 57, line 8, leave out ("Chapter II of") 
  
Clause 54
 
  
BY THE LORD LUCAS
 
190     Page 58, line 42, at end insert ("seriously") 
  
Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
191     Page 60, line 14, leave out subsection (4) 
  
After Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
192     Insert the following new Clause-- 
     (".--(1) The Prime Minister may, after consultation with the Chief Surveillance Commissioner as to numbers, appoint as Assistant Surveillance Commissioners such number of persons as the Prime Minister considers necessary (in addition to the ordinary Surveillance Commissioners) for the purpose of providing the Chief Surveillance Commissioner with assistance under this section.
 
    (2)  A person shall not be appointed as an Assistant Surveillance Commissioner unless he holds or has held office as--
    (a)  a judge of the Crown Court or a Circuit judge;
    (b)  a sheriff in Scotland; or
    (c)  a county court judge in Northern Ireland.
    (3)  The Chief Surveillance Commissioner may require any ordinary Surveillance Commissioner or any Assistant Surveillance Commissioner to provide him with assistance in carrying out his functions under section 55(3).
 
    (4)  The assistance that may be provided under this section includes--
    (a)  the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; and
    (b)  the making of a report to the Chief Surveillance Commissioner about the matter reviewed.
Assistant Surveillance Commissioners.
     (5)  Subsections (3) to (8) of section 91 of the Police Act 1997 (Commissioners) apply in relation to a person appointed under this section as they apply in relation to a person appointed under that section.")1997 c. 50.
  
Clause 56
 
  
BY THE LORD BASSAM OF BRIGHTON
 
193     Page 60, line 41, at end insert ("or Assistant Surveillance Commissioner") 
  
After Clause 56
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
194     Insert the following new Clause-- 
     ("  .--(1)  There shall be an Investigatory Powers Commission consisting of--
    (a)  the Commissioner under section 8 of the Interception of Communications Act,
    (b)  the Security Service Act Commissioner,
    (c)  the Intelligence Services Act Commission,
    (d)  the Chief Surveillance Commissioner, and
    (e)  such additional Commissioners as the Secretary of State shall appoint by order.
    (2)  The Secretary of State shall by order provide for the discharge under the general direction of the Commission of any of the functions of each of the Commissioners.
 
    (3)  The Secretary of State shall appoint one of the Commissioners to be chairman of the Commission.
 
    (4)  Schedule (Investigatory Powers Commission) shall have effect with respect to the Commission.
 
    (5)  No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.")
Investigatory Powers Commission.
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
195     Page 62, line 25, at end insert ("or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by that Part") 
  
Before Schedule 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
196     Insert the following new Schedule-- 
 ("SCHEDULE 
 Investigatory Powers Commission 
     1.  The Investigatory Powers Commission may appoint such officers and servants as they think fit, including investigating officers, subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service.
 
    2.  Subject to the provisions of this Act, the Commission may make arrangements for the regulation of their business.
 
    3.  The arrangements may, with the approval of the Secretary of State, provide for the discharge under the general direction of the Commission of any of the Commission's functions by any Commissioner.
 
    4.  Anything done by a Commissioner shall have the same effect as if done by the Commission.")
 
  
Schedule 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
197     Page 85, line 26, at end insert--
 
    ("(6)  If the Scottish Parliament passes a resolution calling for the removal of a member of the Tribunal, it shall be the duty of the Secretary of State to secure that a motion for the presentation of an Address to Her Majesty for the removal of that member, and the resolution of the Scottish Parliament, are considered by each House of Parliament.")
 
 
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Prepared 9 June 2000