House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
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 Third 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 25 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 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
    (  )  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")
 
  
BY THE LORD COPE OF BERKELEY
 
112A     Page 28, line 19, at end insert ("; or
    (  )  he covertly discloses information to avoid the commission of a criminal offence by another person under any other enactment")
 
  
Clause 26
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
113     Page 29, line 4, leave out subsection (3) 
  
Clause 27
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
114     Page 29, line 32, leave out paragraph (g) 
  
BY THE LORD BASSAM OF BRIGHTON
 
115     Page 29, line 41, at end insert--
 
    ("(5)  The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
Clause 28
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
116     Page 29, line 45, at end insert ("other than in relation to a source whose conduct falls within section 25(7)(d)") 
  
BY THE LORD COPE OF BERKELEY
 
116A     Page 30, line 2, leave out ("believes") and insert ("is satisfied") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
117     Page 30, line 21, leave out paragraph (g) 
  
BY THE LORD BASSAM OF BRIGHTON
 
118     Page 31, line 8, at end insert--
 
    ("(5A)  The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
119     Page 31, line 21, at end insert--
 
    ("(  )  An authorisation for the conduct and use of a covert human intelligence source whose conduct falls within section 25(7)(d) shall be governed by the same procedures as apply to the authorisation of conduct for the carrying out of intrusive surveillance.")
 
  
Clause 29
 
  
BY THE LORD BASSAM OF BRIGHTON
 
120     Page 31, line 43, leave out subsection (4) and insert--
 
    ("(4)  A public authority is a relevant public authority for the purposes of this section--
    (a)  in relation to section 27 if it is specified in Part I or II of Schedule (Relevant public authorities); and
    (b)  in relation to section 28 if it is specified in Part I of that Schedule.
    (4A)  The Secretary of State may by order amend Schedule (Relevant public authorities) by--
    (a)  adding a public authority to Part I or II of that Schedule;
    (b)  removing a public authority from that Schedule;
    (c)  moving a public authority from one Part of that Schedule to the other;
    (d)  making any change consequential on any change in the name of a public authority specified in that Schedule.
    (4B)  The Secretary of State shall not make an order under subsection (4A) containing any provision for--
    (a)  adding any public authority to Part I or II of that Schedule, or
    (b)  moving any public authority from Part II to Part I of that Schedule,
unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
121     Page 32, line 18, leave out from ("authority") to second ("by") in line 19 and insert ("added to Schedule (Relevant public authorities) by an order made under subsection (4A)") 
  
Clause 30
 
  
BY THE LORD COPE OF BERKELEY
 
121A     Page 33, line 3, leave out ("believes") and insert ("is satisfied") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
122     Page 33, line 10, leave out paragraph (a) 
123     Page 33, line 12, leave out paragraph (c) 
  
BY THE LORD BASSAM OF BRIGHTON
 
123A     Page 33, line 32, at end insert-- 
 
    ("(  )  the chief constable of every police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (police forces for areas in Scotland);")
1967 c. 77.
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
124     Page 33, line 46, at end insert--
 
    ("(7)  No authorisation shall take effect until such time (if any) as--
    (a)  the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and
    (b)  written notice of the Commissioner's decision to approve the grant of the authorisation has been given to the person who granted the authorisation.")
 
  
Clause 31
 
  
BY THE LORD BASSAM OF BRIGHTON
 
124A     Page 34, line 36, leave out ("or of the City of London police force") and insert (",  of the City of London police force or of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967")1967 c. 77.
  
Clause 32
 
  
BY THE LORD BASSAM OF BRIGHTON
 
124B     Page 36, line 7, at end insert-- 
 
    ("(  )  a person is entitled to act for the chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 if he holds the rank of assistant chief constable in that force;")
1967 c. 77.
124C     Page 36, line 45, at end insert ("or section 5(4) of the Police (Scotland) Act 1967")1967 c. 77.
  
Clause 33
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
125     Page 37, line 28, at end insert (";  and
    (c)  where he considers it appropriate to do so, attach conditions to the grant of approval")
 
  
BY THE LORD LUCAS
 
126     Page 37, line 32, leave out subsection (6) 
  
Clause 34
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
127     Page 38, line 16, at end insert (";  or
    (e)  a member of the Security Service in relation to law enforcement functions under section 1(4) of the Security Service Act 1989, as amended by section 1 of the Security Service Act 1996")
 
  
BY THE LORD COPE OF BERKELEY
 
127ZA     Page 38, line 25, leave out ("believes") and insert ("is satisfied") 
  
BY THE LORD BASSAM OF BRIGHTON
 
127A     Page 39, line 28, at end insert ("or 
 
          (iii)  a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,")
1967 c. 77.
  
Clause 35
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
128     Page 40, line 1, leave out ("may") and insert ("shall") 
129     Page 40, line 14, leave out ("may") and insert ("shall") 
130     Page 40, line 18, leave out ("may") and insert ("shall") 
131     Page 40, line 29, leave out ("may") and insert ("shall") 
  
Clause 39
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
132     Page 42, line 26, at end insert ("(other than in relation to law enforcement functions under section 1(4) of the Security Service Act 1989, as amended by section 1 of the Security Service Act 1996)") 
  
Clause 41
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
133     Page 44, line 25, leave out ("twelve") and insert ("three") 
134     Page 44, line 37, leave out from ("for") to ("unless") in line 38 and insert ("any conduct falling within this Part") 
  
Clause 42
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
135     Page 46, line 10, leave out ("six") and insert ("three") 
136     Page 46, line 12, leave out ("six") and insert ("three") 
  
Clause 43
 
  
BY THE LORD BASSAM OF BRIGHTON
 
136A     Page 47, line 22, at end insert ("or 
 
          (iii)  a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,")
1967 c. 77.
  
After Clause 43
 
  
BY THE LORD BASSAM OF BRIGHTON
 
136B     Insert the following new Clause-- 
     ("  .--(1)  No person shall grant or renew an authorisation under this Part for the carrying out of any conduct if it appears to him--
    (a)  that the authorisation is not one for which this Part is the relevant statutory provision for all parts of the United Kingdom; and
    (b)  that all the conduct authorised by the grant or, as the case may be, renewal of the authorisation is likely to take place in Scotland.
    (2)  In relation to any authorisation, this Part is the relevant statutory provision for all parts of the United Kingdom in so far as it--
    (a)  is granted or renewed on the grounds that it is necessary in the interests of national security or in the interests of the economic well-being of the United Kingdom;
    (b)  is granted or renewed by or on the application of a person holding any office, rank or position with any of the public authorities specified in subsection (3);
    (c)  authorises conduct of a person holding an office, rank or position with any of the public authorities so specified;
    (d)  authorises conduct of an individual acting as a covert human intelligence source for the benefit of any of the public authorities so specified; or
    (e)  authorises conduct that is surveillance by virtue of section 45(4).
    (3)  The public authorities mentioned in subsection (2) are--
    (a)  each of the intelligence services;
    (b)  Her Majesty's forces;
    (c)  the Ministry of Defence;
    (d)  the Ministry of Defence Police;
    (e)  the Commissioners of Customs and Excise; and
    (f)  the British Transport Police.
    (4)  For the purposes of so much of this Part as has effect in relation to any other public authority by virtue of--
    (a)  the fact that it is a public authority for the time being specified in Schedule (Relevant public authorities), or
    (b)  an order under subsection (1)(d) of section 39 designating that authority for the purposes of that section,
the authorities specified in subsection (3) of this section shall be treated as including that authority to the extent that the Secretary of State by order directs that the authority is a relevant public authority or, as the case may be, is a designated authority for all parts of the United Kingdom.")
Restrictions on authorisations extending to Scotland.
 
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 27 June 2000