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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 Second 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 12 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 12
 
  
BY THE EARL OF NORTHESK
 
48A     Page 14, line 2, leave out ("it appears to him") and insert ("are") 
48B     Page 14, line 9, after ("such") insert ("reasonable") 
  
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") 
  
BY THE EARL OF NORTHESK
 
49A*     Page 14, line 13, after ("necessary") insert ("and reasonable") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
50     Page 14, line 15, at end insert ("and that the proposed steps are proportionate to the purpose of the provision") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
THE LORD COPE OF BERKELEY
 
50A*     Page 14, line 15, at end insert ("and that the Interception of Communications Commissioner considers will provide reliable and verifiable technical means of fulfilling his duties under Part IV") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
51     Page 14, line 27, at end insert--
    ("(  )  persons representing the users of the services affected,")
 
  
BY THE EARL OF NORTHESK
 
51A     Page 14, line 28, leave out from ("(a)") to end of line 31 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
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 EARL OF NORTHESK
 
53A     Page 14, line 37, after ("include") insert ("any relevant determinations of the Technical Approvals Board and") 
  
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") 
56     [Withdrawn] 
  
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. 
  
Clause 14
 
  
BY THE EARL OF NORTHESK
 
57A     Page 15, line 32, leave out ("he considers") and insert ("are") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
58     Page 15, line 32, after ("necessary") insert ("to keep confidential all the information in the intercepted material and any communications data and in particular") 
  
BY THE EARL OF NORTHESK
 
58A     Page 15, line 38, at beginning insert ("Subject to the relevant provisions of Schedule 1 to the Data Protection Act 1984 (as appropriate),") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
59     Page 15, line 39, after ("if") insert (",  and only if,") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
THE LORD COPE OF BERKELEY
 
59A*     Page 16, line 1, at end insert--
    ("(  )  appropriate technical security arrangements which ensure that the risk of unauthorised disclosure,")
 
  
BY THE LORD LUCAS
 
60     Page 16, line 2, at end insert ("and no use is made of such material and data otherwise than for the authorised purposes") 
  
BY THE EARL OF NORTHESK
 
60A     Page 16, line 3, at beginning insert ("Subject to the relevant provisions of Schedule 1 to the Data Protection Act 1984 (as appropriate),") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
61     Page 16, line 4, after ("if") insert (",  and only if,") 
  
BY THE EARL OF NORTHESK
 
61A     Page 16, line 4, after ("if") insert--
    ("(a) (subject to subsection (4)(e)&#M10;&#M10;&#M10;) the original, and
    (b)")
 
61B     Page 16, line 5, after ("destroyed") insert (appropriately") 
  
BY THE LORD BASSAM OF BRIGHTON
 
61C*     Page 16, line 15, leave out ("Chapter") and insert ("Part") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
62     Page 16, line 15, after ("Chapter") insert ("or Chapter II") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
THE LORD COPE OF BERKELEY
 
62A*     Page 16, line 21, leave out paragraph (e) 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
63     Page 17, line 9, at end insert--
 
    ("(  )  The Secretary of State shall as soon as possible after the interception notify the person or persons whose communications were intercepted of the dates and duration of that interception unless the Secretary of State is satisfied that it is in the public interest not to do so; and the Secretary of State shall have a duty to review regularly any decision of his not to so notify, and to notify as soon as it is no longer in the public interest not to do so.")
 
  
Clause 15
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
THE LORD COPE OF BERKELEY
 
63A*     Page 17, line 17, at end insert (", and
    (  )  is identifiable as an external communication")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
THE LORD PHILLIPS OF SUDBURY
 
64     Page 17, line 21, leave out ("is referable to") and insert ("can be associated with") 
65     Page 17, line 26, leave out subsection (3) 
66     Page 17, line 31, leave out ("referable to") and insert ("associated with") 
67     Page 17, line 35, leave out subsections (4) and (5) 
  
BY THE EARL OF NORTHESK
 
67A     Page 17, line 35, leave out ("also") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
THE LORD COPE OF BERKELEY
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. 
  
Clause 16
 
  
BY THE EARL OF NORTHESK
 
67B     Page 18, line 45, at end insert--
 
    ("(  ) For the purposes of this section, section 2(3) applies.")
 
  
BY THE LORD LLOYD OF BERWICK
 
     The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 16 stand part of the Bill. 
  
Clause 17
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
68     Page 19, line 2, at end insert--
    ("(  )  any proceedings for a criminal offence subject to the provisions of the Criminal Procedure and Investigations Act 1996;")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
69     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;
 
 or 
 
    (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 any 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.
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
70     Page 19, line 22, leave out subsections (5) to (9) 
  
Clause 18
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
71     Page 21, line 15, leave out ("another") and insert ("any person") 
72     Page 21, line 16, after ("section") insert ("from that person") 
73     Page 21, line 33, at end insert--
 
    ("(6A)  It shall be a defence for a person charged with an offence under this section to prove that the disclosure or retention of the information or article was in the public interest in that he had reasonable cause to believe that it indicated the existence of crime, fraud, abuse of authority, neglect in the performance of official duty or other misconduct.
 
    (6B)  It shall be a defence for a person charged with an offence under this section to prove that the disclosure of the information or other article for which he has been charged was in the public interest, having regard both to any damage actually caused by the disclosure and any benefit to the public interest from it; or that he had reasonable cause to believe at the time of the disclosure that it was so in the public interest.
 
    (6C)  In the case of a person falling within subsection (2) above, subsections (6A) or (6B) shall only apply if he has taken reasonable steps to comply with any established procedures for drawing such misconduct to the attention of the appropriate authorities without effect.")
 
 
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Prepared 16 June 2000