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

back to previous amendments
 
  
After Clause 49
 
  
BY THE BARONESS THORNTON
 
169A     Insert the following new Clause-- 
     ("  .--(1)  Where a person is found guilty of an offence under section 49 this fact shall be recorded on a register which the Secretary of State shall establish and maintain in such manner as will afford convenient and rapid access to anyone with a material interest in knowing whether or not a person has been found guilty of an offence under section 49.
 
    (2)  Pursuant to subsection (1) the Secretary of State shall lay before Parliament within three months of Royal Assent to this Act his directions as to how the register shall be established and maintained, and the circumstances in which, and by whom, it may be accessed and at what cost.")
Register of offenders.
  
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
 
176A*     Page 54, line 19, leave out from first ("the") to ("or") in line 20 and insert ("Intelligence Services Commissioner") 
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") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
 
189A*     Page 57, leave out lines 36 and 37 and insert (", provide the Commissioner with such technical and other staff, equipment and other resources as may be requisite to enable him to carry out his functions") 
  
Clause 54
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
189B*     Page 58, line 24, leave out ("to the Prime Minister") 
189C*     Page 58, line 30, leave out ("to the Prime Minister") 
189D*     Page 58, line 33, leave out ("to the Prime Minister") 
189E*     Page 58, line 36, leave out ("Prime Minister") and insert ("Interception of Communications Commissioner") 
189F*     Page 58, line 37, leave out from ("every") to ("together") in line 38 and insert ("report made by him under this section") 
189G*     Page 58, line 40, leave out from ("If") to ("that") in line 41 and insert ("the Interception of Communications Commissioner is satisfied") 
  
BY THE LORD LUCAS
 
190     Page 58, line 42, at end insert ("seriously") 
  
After Clause 54
 
  
BY THE LORD BASSAM OF BRIGHTON
 
190A*     Insert the following new Clause-- 
     ("  .--(1)  The Prime Minister shall appoint a Commissioner to be known as the Intelligence Services Commissioner.
 
    (2)  Subject to subsection (4), the Intelligence Services Commissioner shall keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner--
The Intelligence Services Commissioner.
 
    (a)  the exercise by the Secretary of State of his powers under sections 5 to 7 of the Intelligence Services Act 1994 (warrants for interference with wireless telegraphy, entry and interference with property etc.);
    (b)  the exercise and performance by the Secretary of State, in connection with or in relation to--
          (i)  the activities of the intelligence services, and
          (ii)  the activities in places other than Northern Ireland of the officials of the Ministry of Defence and of members of Her Majesty's forces,
 
 of the powers and duties conferred or imposed on him by Parts II and III of this Act; 
 
    (c)  the exercise and performance by members of the intelligences services of the powers and duties conferred or imposed on them by or under Parts II and III of this Act;
    (d)  the exercise and performance in places other than Northern Ireland, by officials of the Ministry of Defence and by members of Her Majesty's forces, of the powers and duties conferred or imposed on such officials or members of Her Majesty's forces by or under Parts II and III; and
    (e)  the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged--
          (i)  in relation to the members of the intelligence services; and
          (ii)  in connection with any of their activities in places other than Northern Ireland, in relation to officials of the Ministry of Defence and members of Her Majesty's forces.
    (3)  The Intelligence Services Commissioner shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require--
    (a)  in connection with the investigation of any matter by the Tribunal; or
    (b)  otherwise for the purposes of the Tribunal's consideration or determination of any matter.
    (4)  It shall not be the function of the Intelligence Services Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.
1994 c. 13.
     (5)  A person shall not be appointed under this section as the Intelligence Services Commissioner unless he holds or has held a high judicial office (within the meaning of the Appellate Jurisdiction Act 1876).
 
    (6)  The Intelligence Services Commissioner shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of money provided by Parliament such allowances as the Treasury may determine.
 
    (7)  The Secretary of State shall, after consultation with the Intelligence Services Commissioner and subject to the approval of the Treasury as to numbers, provide him with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.
1876 c. 59.
     (8)  Section 4 of the Security Service Act 1989 and section 8 of the Intelligence Services Act 1994 (Commissioners for the purposes of those Acts) shall cease to have effect.1989 c. 5.
1994 c. 13.
     (9)  On the coming into force of this section the Commissioner holding office as the Commissioner under section 8 of the Intelligence Services Act 1994 shall take and hold office as the Intelligence Services Commissioner as if appointed under this Act--
    (a)  for the unexpired period of his term of office under that Act; and
    (b)  otherwise, on the terms of his appointment under that Act.
    (10)  Subsection (7) of section 39 shall apply for the purposes of this section as it applies for the purposes of that section.")
1994 c. 13.
190B*     Insert the following new Clause-- 
     ("  .--(1)  It shall be the duty of--
    (a)  every member of an intelligence service,
    (b)  every official of the department of the Secretary of State, and
    (c)  every member of Her Majesty's forces,
to disclose or provide to the Intelligence Services Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions under section (The Intelligence Services Commissioner).
 
    (2)  As soon as practicable after the end of each calendar year, the Intelligence Services Commissioner shall make a report to the Prime Minister with respect to the carrying out of that Commissioner's functions.
 
    (3)  The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Intelligence Services Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4).
 
    (4)  If it appears to the Prime Minister, after consultation with the Intelligence Services Commissioner, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to--
    (a)  national security,
    (b)  the prevention or detection of serious crime,
    (c)  the economic well-being of the United Kingdom, or
    (d)  the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,
the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament.
 
    (5)  Subsection (7) of section 39 shall apply for the purposes of this section as it applies for the purposes of that section.")
Co-operation with and reports by Intelligence Services Commissioner.
190C*     Insert the following new Clause-- 
     ("  .--(1)  The Prime Minister, after consultation with the First Minister and deputy First Minister in Northern Ireland, shall appoint a Commissioner to be known as the Investigatory Powers Commissioner for Northern Ireland.
 
    (2)  The Investigatory Powers Commissioner for Northern Ireland shall keep under review the exercise and performance in Northern Ireland, by the persons on whom they are conferred or imposed, of any powers or duties under Part II which are conferred or imposed by virtue of an order under section 29 made by the First Minister and deputy First Minister in Northern Ireland acting jointly.
 
    (3)  The Investigatory Powers Commissioner for Northern Ireland shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require--
    (a)  in connection with the investigation of any matter by the Tribunal; or
    (b)  otherwise for the purposes of the Tribunal's consideration or determination of any matter.
    (4)  It shall be the duty of--
    (a)  every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Investigatory Powers Commissioner for Northern Ireland,
    (b)  every person who has engaged in conduct with the authority of such an authorisation,
    (c)  every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a), and
    (d)  every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II) activities which are or may be subject to any such review have been or may be carried out,
to disclose or provide to that Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.
 
    (5)  As soon as practicable after the end of each calendar year, the Investigatory Powers Commissioner for Northern Ireland shall make a report to the First Minister and deputy First Minister in Northern Ireland with respect to the carrying out of that Commissioner's functions.
 
    (6)  The First Minister and deputy First Minister Ireland shall lay before the Northern Ireland Assembly a copy of every annual report made by the Investigatory Powers Commissioner for Northern Ireland under subsection (5), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (7).
 
    (7)  If it appears to the First Minister and deputy First Minister in Northern Ireland, after consultation with the Investigatory Powers Commissioner for Northern Ireland, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to--
    (a)  the prevention or detection of serious crime, or
    (b)  the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,
they may exclude that matter from the copy of the report as laid before the Northern Ireland Assembly.
 
    (8)  A person shall not be appointed under this section as the Investigatory Powers Commissioner for Northern Ireland unless he holds or has held office as a county court judge in Northern Ireland.
 
    (9)  The Investigatory Powers Commissioner for Northern Ireland shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of the Consolidated Fund of Northern Ireland such allowances as the Department of Finance and Personnel may determine.
 
    (10)  The First Minister and deputy First Minister in Northern Ireland, after consultation with the Investigatory Powers Commissioner for Northern Ireland, provide him with such staff as they consider necessary for the carrying out of his functions.")
Investigatory Powers Commissioner for Northern Ireland.
 
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