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

back to previous amendments
 
  
Clause 49
 
  
BY THE LORD BASSAM OF BRIGHTON
 
164AB*     Page 52, line 2, leave out from ("person") to end of line 6 and insert ("to whom a section 46 notice has been given is guilty of an offence if he fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.") 
  
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 COPE OF BERKELEY
THE LORD McNALLY
 
164E     Page 52, line 3, after ("46") insert ("or (Permission for notice requiring key disclosure)") 
  
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 BASSAM OF BRIGHTON
 
167B*     Page 52, line 7, leave out from ("section,") to end of line 8 and insert ("if it is shown that that person was in possession of a key to any protected information at any time before the time of the giving of the section 46 notice, that person shall be taken for the purposes of those proceedings to have continued to be in possession of that key at all subsequent times, unless it is shown--") 
167C*     Page 52, line 10, leave out from ("it") to end of line 14 and insert--
 
    ("(  )  For the purposes of this section a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if--
    (a)  sufficient evidence of that fact is adduced to raise an issue with respect to it; and
    (b)  the contrary is not proved beyond a reasonable doubt.")
 
167D*     Page 52, line 16, leave out from ("defence") to end of line 31 and insert ("for that person to show--
    (a)  that it was not reasonably practicable for him to make the disclosure required by virtue of the giving of the section 46 notice before the time by which he was required, in accordance with that notice, to make it; but
    (b)  that he did make that disclosure as soon after that time as it was reasonably practicable for him to do so")
 
  
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.")
 
  
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 COPE OF BERKELEY
THE LORD McNALLY
 
169B     Page 52, line 38, after ("46") insert ("or (Permission for notice requiring key disclosure)") 
  
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 BASSAM OF BRIGHTON
 
171A*     Page 53, line 6, leave out ("the key to which it relates is a key to protected information which") and insert ("the protected information to which it relates") 
  
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) 
176ZA     Page 53, line 46, at end insert--
 
    ("(  )  Nothing in this section shall prevent any person described in subsection (1)(a) or (b) taking such action as may be necessary to preserve the confidentiality of any communication (other than that concerning the protected information described in section 46(1)) unless such action is expressly forbidden in the section 46 notice.")
 
  
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;")
 
  
After Clause 51
 
  
BY THE LORD LUCAS
 
179A     Insert the following new Clause-- 
     ("  .  Any person disclosing a key in an unauthorised manner shall be liable for any damage so caused.")Liability for unauthorised disclosure of key.
  
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 BASSAM OF BRIGHTON
 
183A*     Page 56, line 12, leave out subsection (2) 
183B*     Page 56, line 16, leave out ("protected information") and insert ("information (including a key to protected information)") 
183C*     Page 56, line 19, after ("concerned;") insert--
    ("(  )  to his having an immediate right of access to it, or an immediate right to have it transmitted or otherwise supplied to him;")
 
  
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") 
 
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