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

back to previous amendments
 
  
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 intelligence 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.
  
Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
190D     Page 59, line 6, leave out subsections (1) and (2) 
190E     Page 60, line 2, leave out from first ("the") to end of line 3 and insert ("Intelligence Services Commissioner") 
190F     Page 60, line 3, at end insert ("or the Investigatory Powers Commissioner for Northern Ireland") 
191     Page 60, line 14, leave out subsection (4) 
191A     Page 60, line 21, leave out ("any") and insert ("the Chief Surveillance") 
191B     Page 60, line 33, leave out subsection (7) 
  
After Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
192     Insert the following new Clause-- 
     (".--(1) The Prime Minister may, after consultation with the Chief Surveillance Commissioner as to numbers, appoint as Assistant Surveillance Commissioners such number of persons as the Prime Minister considers necessary (in addition to the ordinary Surveillance Commissioners) for the purpose of providing the Chief Surveillance Commissioner with assistance under this section.
 
    (2)  A person shall not be appointed as an Assistant Surveillance Commissioner unless he holds or has held office as--
    (a)  a judge of the Crown Court or a Circuit judge;
    (b)  a sheriff in Scotland; or
    (c)  a county court judge in Northern Ireland.
    (3)  The Chief Surveillance Commissioner may require any ordinary Surveillance Commissioner or any Assistant Surveillance Commissioner to provide him with assistance in carrying out his functions under section 55(3).
 
    (4)  The assistance that may be provided under this section includes--
    (a)  the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; and
    (b)  the making of a report to the Chief Surveillance Commissioner about the matter reviewed.
Assistant Surveillance Commissioners.
     (5)  Subsections (3) to (8) of section 91 of the Police Act 1997 (Commissioners) apply in relation to a person appointed under this section as they apply in relation to a person appointed under that section.")1997 c. 50.
  
Clause 56
 
  
BY THE LORD BASSAM OF BRIGHTON
 
192A     Page 60, line 40, leave out from first ("the") to ("or") in line 41 and insert ("Intelligence Services Commissioner") 
192B     Page 60, line 41, after first ("Commissioner") insert (", the Investigatory Powers Commissioner for Northern Ireland") 
193     Page 60, line 41, at end insert ("or Assistant Surveillance Commissioner") 
  
After Clause 56
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
194     Insert the following new Clause-- 
     ("  .--(1)  There shall be an Investigatory Powers Commission consisting of--
    (a)  the Commissioner under section 8 of the Interception of Communications Act,
    (b)  the Security Service Act Commissioner,
    (c)  the Intelligence Services Act Commission,
    (d)  the Chief Surveillance Commissioner, and
    (e)  such additional Commissioners as the Secretary of State shall appoint by order.
    (2)  The Secretary of State shall by order provide for the discharge under the general direction of the Commission of any of the functions of each of the Commissioners.
 
    (3)  The Secretary of State shall appoint one of the Commissioners to be chairman of the Commission.
 
    (4)  Schedule (Investigatory Powers Commission) shall have effect with respect to the Commission.
 
    (5)  No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.")
Investigatory Powers Commission.
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
194A     Page 61, line 41, leave out paragraph (e) 
194B     Page 62, line 2, leave out (", (e)") 
195     Page 62, line 25, at end insert ("or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by that Part") 
195A     Page 62, line 33, leave out subsection (10) 
195B*     Page 62, line 45, leave out from ("making") to end of line 47 and insert ("of any disclosure in an intelligible form (within the meaning of section 52) of protected information by a person who is or has been in possession of the key to that information") 
  
Before Schedule 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
196     Insert the following new Schedule-- 
 ("SCHEDULE 
 Investigatory Powers Commission 
     1.  The Investigatory Powers Commission may appoint such officers and servants as they think fit, including investigating officers, subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service.
 
    2.  Subject to the provisions of this Act, the Commission may make arrangements for the regulation of their business.
 
    3.  The arrangements may, with the approval of the Secretary of State, provide for the discharge under the general direction of the Commission of any of the Commission's functions by any Commissioner.
 
    4.  Anything done by a Commissioner shall have the same effect as if done by the Commission.")
 
  
Schedule 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
197     Page 85, line 26, at end insert--
 
    ("(6)  If the Scottish Parliament passes a resolution calling for the removal of a member of the Tribunal, it shall be the duty of the Secretary of State to secure that a motion for the presentation of an Address to Her Majesty for the removal of that member, and the resolution of the Scottish Parliament, are considered by each House of Parliament.")
 
  
Clause 59
 
  
BY THE LORD BASSAM OF BRIGHTON
 
198     Page 64, line 47, at end insert--
 
    ("(12)  The Secretary of State shall consult the Scottish Ministers before making any order under subsection (8); and any such order shall be laid before the Scottish Parliament.")
 
  
Clause 60
 
  
BY THE LORD BASSAM OF BRIGHTON
 
198A     Page 66, line 24, leave out from first ("the") to ("or") in line 25 and insert ("Intelligence Services Commissioner") 
198B     Page 66, line 25, after first ("Commissioner") insert (", the Investigatory Powers Commissioner for Northern Ireland") 
199     Page 66, line 25, at end insert ("or Assistant Surveillance Commissioner") 
  
Clause 61
 
  
BY THE LORD BASSAM OF BRIGHTON
 
200     Page 68, line 43, at end insert--
 
    ("(12)  The Secretary of State shall consult the Scottish Ministers before making any rules under this section; and any rules so made shall be laid before the Scottish Parliament.")
 
  
Clause 64
 
  
BY THE LORD COPE OF BERKELEY
 
200ZA     Page 70, line 8, leave out subsection (2) 
  
BY THE LORD BASSAM OF BRIGHTON
 
200A     Page 70, line 18, leave out from first ("Act") to ("or") in line 19 
201     Page 70, line 21, at end insert ("or
    (e)  any Assistant Surveillance Commissioner carrying out any functions of his under section (Assistant Surveillance Commissioners) of this Act,")
 
201A     Page 70, line 27, leave out from ("the") to end of line 28 and insert ("Intelligence Services Commissioner") 
201B     Page 70, line 28, at end insert ("or the Investigatory Powers Commissioner for Northern Ireland") 
  
Clause 65
 
  
BY THE LORD BASSAM OF BRIGHTON
 
202     Page 72, line 18, at end insert--
 
    ("(8A)  No regulations shall be made under subsection (4)(g) unless a draft of them has first been laid before Parliament and approved by a resolution of each House.")
 
203     Page 72, line 38, at end insert--
 
    ("(4)  In section 16(2) of that Act (regulations and orders), after "the said powers" there shall be inserted ",  other than one containing regulations a draft of which has been approved for the purposes of section 5(8A),".")
 
 
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