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

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Clause 46
 
  
BY THE LORD LUCAS
 
139     Page 49, line 35, leave out (", or is likely to do so") 
  
BY THE EARL OF NORTHESK
 
139A*     Page 50, line 5, at end insert--
 
    ("(  )  If any person with the appropriate permission under Schedule 1 believes on reasonable grounds--
    (a)  that any person is able to put the protected information into an intelligible form,
    (b)  that the imposition of a requirement to disclose the information in intelligible form, or to disclose the key to the protected information, is--
          (i)  necessary on grounds falling within subsection (3), or
          (ii)  likely to be of value for purposes connected with the exercise or performance by any public authority of any statutory power or statutory duty,
    (c)  that the imposition of such a requirement is proportionate, taking into account the full consequences of its disclosure, to what is sought to be achieved by its imposition,
    (d)  that the information in intelligible form, or the key, cannot reasonably be obtained by the person with the appropriate permission without the giving of a notice under this section,
the person with that permission may, by notice to the person whom he believes to be able to put the protected information into an intelligible form, require the disclosure of that information in an intelligible form, or, in the circumstances provided for in section 47, the disclosure of the key.")
 
139B     Page 50, line 7, after ("believes") insert ("that the protected information cannot reasonably be obtained by him by means other than the giving of a notice under this section and if that person believes") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
140     Page 50, line 10, leave out second ("the") and insert ("such a") 
141     Page 50, line 12, leave out sub-paragraph (ii) 
  
BY THE EARL OF NORTHESK
 
141A     Page 50, line 17, leave out paragraph (d) 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
142     Page 50, line 17, leave out first ("the") and insert ("such a") 
143     Page 50, line 17, leave out ("key cannot reasonably be obtained") and insert ("protected information cannot reasonably be accessed or put into intelligible form") 
144     Page 50, line 21, leave out first ("the") and insert ("such a") 
145     Page 50, line 28, leave out ("not in writing)") and insert ("given by electronic means)") 
146     Page 50, line 29, at end insert ("and received") 
147     Page 50, line 31, leave out ("(2)(b)(i) or (ii)") and insert ("(2)(b)") 
148     Page 50, line 31, leave out ("(2)(b)(i) or (ii)") and insert ("(2)(b)(ii) or (3)") 
149     Page 50, line 33, at end insert ("and must identify the person who gave the appropriate permission, and the paragraph of Schedule 1 under which it was given") 
  
BY THE EARL OF NORTHESK
 
149A     Page 50, line 37, leave out ("the time by") and insert ("a period, not exceeding 40 days, within") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
150     Page 50, line 37, at end insert (",  such time being reasonable having regard to the technical difficulties of performing the disclosure") 
  
BY THE EARL OF NORTHESK
 
150A     Page 50, line 39, after ("notice;") insert--
    ("(  )  must specify a period, not exceeding 40 days, within which the notice shall be deemed to have expired;")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
151     Page 50, line 41, leave out ("the person giving it thinks fit") and insert ("may be specified by a code of practice issued under section 63") 
  
BY THE EARL OF NORTHESK
 
151A     Page 50, line 41, leave out ("the person giving it thinks fit") and insert ("is appropriate for the purposes of the notice") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
152     Page 50, line 41, at end insert ("and
    (  )  must specify a date after which (subject to renewal) it shall cease to have effect, which shall not be later than the date after which (subject to renewal) the permission to issue that notice shall have ceased to have effect")
 
153     Page 50, line 41, at end insert--
 
    ("(  )  Where a person who has given a notice under this section is satisfied--
    (a)  that it is no longer necessary on grounds falling within subsection (2) for the requirements of the notice to be complied with, or
    (b)  that the imposition of those requirements is no longer proportionate to what is sought to be achieved by its imposition,
he shall cancel the notice.")
 
  
BY THE LORD LUCAS
 
154     Page 50, line 46, at end insert--
 
("and such persons may not, without authorisation under this or another enactment, disclose the key to any other person or use the key to read any information other than that described pursuant to subsection (4)(b)")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
155     Page 50, line 46, at end insert--
 
("but the provisions of the notice shall not specify or otherwise identify a person for the purpose of paragraph (b) unless he is of the class of persons who could have given the notice")
 
156     Page 50, line 46, at end insert--
 
    ("(  )  A notice shall not be considered necessary on the ground falling within subsection (3)(c) unless the information protected by the key which is sought to be disclosed is information relating to the acts or intentions of persons outside the British Islands.")
 
157     Page 51, leave out lines 2 to 5 and insert ("where--
    (a)  it is intended to be used for the purpose only of generating electronic signatures and has not in fact been used for any other purpose; or
    (b)  the protected information to which that key relates is itself a further key whose disclosure could not be required by virtue of this subsection.")
 
158     Page 51, line 5 at end insert ("--
          (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")
 
  
Before Schedule 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
159     Insert the following new Schedule-- 
 ("SCHEDULE 
 RELEVANT PUBLIC AUTHORITIES> 
 PART I 
 RELEVANT AUTHORITIES FOR THE PURPOSES OF SS. 27 AND 28 
 Police forces etc. 
     1.  Any police force.
 
    2.  The National Criminal Intelligence Service.
 
    3.  The National Crime Squad.
 
    4.  The Serious Fraud Office.
 
 The intelligence services 
     5.  Any of the intelligence services. 
 The armed forces 
     6.  Any of Her Majesty's forces. 
 The revenue departments 
     7.  The Commissioners of Customs and Excise.
 
    8.  The Commissioners of Inland Revenue.
 
 Government departments 
     9.  The Ministry of Agriculture, Fisheries and Food.
 
    10.  The Ministry of Defence.
 
    11.  The Department of the Environment, Transport and the Regions.
 
    12.  The Department of Health.
 
    13.  The Home Office.
 
    14.  The Department of Social Security.
 
    15.  The Department of Trade and Industry.
 
 The National Assembly for Wales 
     16.  The National Assembly for Wales. 
 Local authorities 
     17.  Any local authority (within the meaning of section 1 of the Local Government Act 1999).1999 c. 27.
 Other bodies 
     18.  The Environment Agency.
 
    19.  The Financial Services Authority.
 
    20.  The Food Standards Agency.
 
    21.  The Intervention Board for Agricultural Produce.
 
    22.  The Personal Investment Authority.
 
    23.  The Post Office.
 
 PART II 
 RELEVANT AUTHORITIES FOR THE PURPOSES ONLY OF S. 27 
 The Health and Safety Executive 
     24.  The Health and Safety Executive. 
 NHS bodies in England and Wales 
     25.  A Health Authority established under section 8 of the National Health Service Act 1977.1977 c. 49.
     26.  A Special Health Authority established under section 11 of the National Health Service Act 1977.1977 c. 49.
     27.  A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990.1990 c. 19.
 The Royal Pharmaceutical Society of Great Britain 
     28. The Royal Pharmaceutical Society of Great Britain.") 
  
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
THE EARL OF NORTHESK
 
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.")
 
  
BY THE EARL OF NORTHESK
 
164A*     Leave out Clause 47 and insert the following new Clause-- 
     ("  .--(1)  A person shall not require the disclosure of a key unless he believes on reasonable grounds--
    (a)  that there are exceptional circumstances of the case which mean that the purposes for which it was believed necessary to impose the requirement in question would be defeated, in whole or part, if the direction were not given;
    (b)  that the seriousness of the suspected offence warrants it;
    (c)  that there are reasonable grounds for belief that the decrypted text of the protected information would not be provided in an accurate form; and
    (d)  that the giving of the direction is proportionate, taking into account the consequences of such disclosure, to what is sought to be achieved by requiring disclosure of the key itself.
    (2)  A person may require disclosure of a key if the recipient of a valid section 46 notice has not, within the time specified in the notice, provided the protected information in intelligible form.")
Disclosure of key.
  
Clause 49
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
164B*     Page 52, line 3, at beginning insert ("with intent to impede access to protected information or the putting of that information into an intelligible form,") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
164C     Page 52, line 3, after ("he") insert ("intentionally") 
  
BY THE EARL OF NORTHESK
 
164D     Page 52, line 3, leave out ("any") and insert ("a valid") 
  
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")
 
167A*     Page 52, line 6, at end insert--
 
    ("(  )  A person is guilty of an offence if--
    (a)  he fails to comply, in accordance with a section 46 notice, with a requirement of that notice to disclose a key to protected information; and
    (b)  he is a person--
          (i)  who has had possession of the key; and
          (ii)  who has, or who after the giving of the notice and before the time by which he was required to disclose the key had, possession of information which would (either on its own or in combination with other information) enable possession of the key to be obtained; and
    (c)  with intent to impede access to protected information or the putting of that information into an intelligible form, he did not before the time by which he was required to disclose the key make a disclosure to the person to whom he was required to disclose the key of all such information in his possession which would (either on its own or in combination with other information) enable possession of the key to be obtained.")
 
  
BY THE LORD LUCAS
 
168     Page 52, line 23, leave out ("the") and insert ("a") 
  
BY THE EARL OF NORTHESK
 
168A*     Page 52, line 26, at end insert--
 
    ("(  )  In proceedings against any person for an offence under this section it shall be a defence for that person if the key has been destroyed by either human intervention or the automatic operation of software as part of a routine practice designed to protect the confidentiality of a business or its customers or counterparties.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE BARONESS HARRIS OF RICHMOND
 
168B*     Page 52, line 27, leave out subsection (4) and insert--
 
    ("(4)  If the person adduces sufficient evidence to raise the issue as to whether it was reasonably practical for him to make disclosure of a key to protected information before the time by which he was required to do so in accordance with a section 46 notice the court or jury shall assume that the defence under subsection (3) is satisfied unless the prosecution proves beyond reasonable doubt that it is not.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
168C     Page 52, line 34, leave out ("two") and insert ("ten") 
  
BY THE LORD LUCAS
 
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.")
 
 
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