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

back to previous amendments
 
  
Clause 20
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
74     Page 22, line 38, leave out subsections (2) and (3) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
74A*     Page 22, line 38, at beginning insert--
 
    ("Subject to subsection (2A),")
 
  
BY THE EARL OF NORTHESK
 
74B     Page 22, line 38, leave out ("for all purposes") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
75     Page 22, line 40, after second ("is") insert ("expressly") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
75A*     Page 22, line 44, at end insert--
 
    ("(2A)  Where a postal or telecommunications operator is in possession of any communications data, no conduct for the purpose of obtaining it shall be lawful except the giving of a notice to that operator under section 21(4).")
 
  
BY THE LORD LUCAS
 
76     Page 23, line 8, leave out subsection (4) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
77     Page 23, line 8, leave out ("Chapter") and insert ("Part") 
  
BY THE EARL OF NORTHESK
THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
77A     Page 23, line 9, leave out ("or other data") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
77B     Page 23, line 9, leave out ("or attached to") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
78     Page 23, line 10, leave out ("for the purposes") and insert ("which is necessary or appropriate for the proper functioning of that part") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
79     Page 23, line 13, leave out ("includes none") and insert ("neither includes nor indicates any") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
80     Page 23, line 19, at end insert--
 
("which is held or obtained during the normal operation of that postal service, telecommunications service or telecommunication system")
 
  
BY THE LORD LUCAS
 
81     Page 23, line 20, leave out paragraph (c) 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
82     Page 23, line 21, after ("service") insert ("and which serves to identify those persons") 
  
BY THE EARL OF NORTHESK
 
82A*     Page 23, line 22, at end insert--
 
("but shall not be taken to mean any information or data that cannot be logically associated with information falling within paragraphs (a), (b) and (c)")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
83     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.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE BARONESS HARRIS OF RICHMOND
THE LORD LUCAS
 
83A*     Page 23, line 22, at end insert--
 
    ("(  )  Any data comprised in or attached to a communication specifying, or enabling the discovery of, the content (whether in whole or part) of any subsequent or consequential communication (whether transmitted to the sender or otherwise) is to be treated for the purposes of this part as a communication and not as communications data".)
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
83B     Page 23, line 29, leave out subsection (6) 
  
BY THE LORD LUCAS
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill. 
  
Clause 21
 
  
BY THE LORD COPE OF BERKELEY
 
84     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
 
85     Page 23, line 40, leave out paragraph (c) 
86     Page 23, line 43, leave out from ("levy") to end of line 45 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
87     Page 24, line 4, leave out from ("health") to end of line 7 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
88     Page 24, line 8, leave out subsection (3) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
88A     Page 24, line 11, at end insert--
 
    ("(  )  The designated person has the appropriate permission if, and only if, written permission for the giving of the notice has been granted by a magistrate.")
 
88B     Page 24, line 14, after ("person") insert ("with the appropriate permission") 
  
BY THE LORD COPE OF BERKELEY
 
89     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 Approvals Board.")
 
90     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 Approvals 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 McNALLY
THE LORD PHILLIPS OF SUDBURY
THE BARONESS HARRIS OF RICHMOND
 
90A*     Page 24, line 25, at end insert--
 
    ("(  )  It shall be the duty of the designated person, as soon as reasonably practicable after granting an authorisation or giving a notice under this section, to notify the Interception of Communications Commissioner appointed under Part IV of this Act of the grant of the authorisation or the giving of the notice.")
 
  
BY THE EARL OF NORTHESK
 
90B     Page 24, line 28, at end insert--
 
    ("(  )  It shall be the duty of the Secretary of State, notwithstanding the grounds specified in subsection (2), to ensure that any exchanges of communications data between government departments shall be subject to the approval of both Houses of Parliament.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
91     Page 24, line 35, at end insert--
 
    ("(9)  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.")
 
  
BY THE LORD LUCAS
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill. 
  
Clause 22
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
92     Page 24, line 37, leave out from first ("writing") to end of line 38 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
93     Page 24, line 37, leave out ("not in writing)") and insert ("given by electronic means)") 
  
BY THE EARL OF NORTHESK
 
93A     Page 24, line 40, after ("data") insert ("in detail") 
93B     Page 24, line 47, leave out ("the person granting it thinks fit") and insert ("is appropriate for the purposes of the authorisation") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
94     Page 25, line 3, leave out from first ("writing") to end of line 4 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
95     Page 25, line 3, leave out ("not in writing)") and insert ("given by electronic means)") 
  
BY THE EARL OF NORTHESK
 
95A*     Page 25, line 5, after ("describe") insert ("in detail") 
95B     Page 25, line 13, leave out ("the person giving it thinks fit") and insert ("is appropriate for the purposes of the notice") 
95C     Page 25, line 14, at beginning insert ("Subject to the relevant provisions of Schedule 1 to the Data Protection Act 1984 (as appropriate),") 
  
BY THE LORD LUCAS
 
96     Page 25, line 19, at beginning insert ("and such persons may not, without authorisation under this or another enactment, disclose such data to any other person;") 
97     Page 25, line 30, at end insert--
 
    ("(  )  A notice under section 21(4) which is other than a notice in respect of communications by, to or concerning a named individual shall be authorised by a Surveillance Commissioner, who shall not issue such a notice unless he is satisfied that to do so is in all the circumstances necessary and proportionate.")
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 22 stand part of the Bill. 
  
Clause 23
 
  
BY THE EARL OF NORTHESK
 
97A     Page 26, line 12, leave out ("he thinks") and insert ("are") 
97B     Page 26, line 13, leave out (", in such cases as he thinks fit,") 
  
BY THE LORD LUCAS
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 23 stand part of the Bill. 
  
Clause 24
 
  
BY THE LORD BASSAM OF BRIGHTON
 
98     Page 26, line 29, leave out ("and their department") 
98A*     Page 27, line 3, at end insert--
 
    ("(5)  The Secretary of State shall not make an order under this section that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
99     Page 27, line 3, at end insert--
 
    ("(5)  The Secretary of State shall not make an order under paragraph (f) of the definition of "relevant public authority" in subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House,")
 
  
BY THE LORD LUCAS
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 24 stand part of the Bill. 
  
Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
99A*     Page 27, line 11, leave out ("For the purposes of this Part surveillance is directed") and insert ("Subject to subsection (5A), surveillance is directed for the purposes of this Part") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
100     Page 27, line 11, leave out ("but not intrusive") 
101     Page 27, line 13, at end insert--
    ("(  )  in relation to a person or persons in a place or location where there is no reasonable expectation of privacy;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
102     Page 27, line 15, leave out from ("person") to ("; and") in line 16 
  
BY THE LORD BASSAM OF BRIGHTON
 
102A*     Page 27, line 21, leave out ("and (5)") and insert ("to (5A)") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
103     Page 27, line 22, leave out from ("that") to end of line 27 and insert ("interferes with any person's privacy in circumstances where that person has a reasonable expectation of privacy") 
104     Page 27, line 24, leave out ("residential premises") and insert ("premises or location where there is a reasonable expectation of privacy") 
  
BY THE LORD LUCAS
 
105     Page 27, line 24, after ("vehicle") insert ("owned or occupied by anyone subject to surveillance") 
106     Page 27, line 25, leave out paragraph (b) 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
107     Page 27, line 27, at end insert--
 
    ("(  )  Surveillance may be intrusive for the purposes of this Part irrespective of whether permission is obtained from a person able to give permission in respect of relevant premises to the conduct taking place on or in relation to those premises.")
 
108     Page 27, line 33, leave out paragraph (b) 
  
BY THE LORD LUCAS
 
109     Page 27, line 35, leave out subsection (5) 
  
BY THE LORD BASSAM OF BRIGHTON
 
110     Page 27, line 43, at end insert--
 
    ("(5A)  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.
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
111     Page 28, line 14, leave out ("(b) or (c)") and insert ("(b), (c) or (d)") 
112     Page 28, line 19, at end insert (";  or
    (d)  whilst doing anything falling within paragraphs (b) and (c) above, he engages in a course of action which, without authority, could have led to his arrest and prosecution")
 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 16 June 2000