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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 Marshalled List of Amendments to the Regulation of Investigatory Powers Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 4th July 2000, as follows-- 
 Clauses 1 to 29
Schedule 1
Clauses 30 to 47
Schedule 2
Clauses 48 to 63
Schedule 3
Clauses 64 to 80
Schedules 4 and 5
Clause 81
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
1     Page 4, line 32, leave out ("address or other") and insert ("traffic") 
2     Page 4, line 40, leave out ("addresses and other") and insert ("traffic") 
3     Page 4, line 42, leave out subsection (6) 
4     Page 5, line 16, at end insert--
 
    ("(9A)  In this section "traffic data", in relation to any communication, means--
    (a)  any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,
 
 
    (b)  any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,
    (c)  any data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, and
    (d)  any data identifying the data or other data as data comprised in or attached to a particular communication,
but that expression includes data identifying a computer file or computer program access to which is obtained, or which is run, by means of the communication to the extent only that the file or program is identified by reference to the apparatus in which it is stored.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
[As an amendment to Amendment 4]
 
5*     Line 5, leave out ("apparatus or location") and insert ("or apparatus") 
  
BY THE LORD BASSAM OF BRIGHTON
 
6     Page 5, line 17, leave out ("References in this section to") and insert ("In this section--
    (a)  references, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; and
    (b)  references to traffic")
 
7     Page 5, line 19, at end insert--
 
("and in this section "data", in relation to a postal item, means anything written on the outside of the item.
 
 (10A)  The Secretary of State may by order modify the provisions of subsections (5), (9A) and (10). 
     (10B)  The Secretary of State shall not make an order under subsection (10A) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
[As an amendment to Amendment 7]
 
8     Line 4, leave out subsections (10A) and (10B) 
  
BY THE EARL OF NORTHESK
 
9*     Page 5, line 22, at end insert--
 
    ("(  )  For the purposes of this section "general reception" shall have the same meaning as in section 1(7) of the Broadcasting Act 1996.")
 
  
Clause 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
10     Page 7, line 6, at end insert-- 
     ("(  )  Conduct taking place in a state hospital is authorised by this section if it is conduct in pursuance of, and in accordance with, any direction given to the State Hospitals Board for Scotland under section 2(5) of the National Health Service (Scotland) Act 1978 (regulations and directions as to the exercise of their functions by health boards) as applied by Article 5(1) of and the Schedule to The State Hospitals Board for Scotland Order 1995 (which applies certain provisions of that Act of 1978 to the State Hospitals Board).")1978 c. 29.
S.I. 1995/574.
11     Page 7, line 17, at end insert ("; and
    state hospital" has the same meaning as in the National Health Service (Scotland) Act 1978.")
 
12     Page 7, line 19, after ("institution") insert (", young offenders centre") 
  
Clause 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
13     Page 14, line 23, at end insert--
 
    ("(  )  A person shall not be liable to have an obligation imposed on him in accordance with an order under this section by reason only that he provides, or is proposing to provide, to members of the public a telecommunications service the provision of which is or, as the case may be, will be no more than--
    (a)  the means by which he provides a service which is not a telecommunications service; or
    (b)  necessarily incidental to the provision by him of a service which is not a telecommunications service.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
14     Page 14, line 23, at end insert--
 
    ("(  )  The person to whom a notice is given may refer the notice to the Technical Advisory Board to consider the technical requirements and the financial consequences and the Board shall report their conclusions on those matters to that person and to the Secretary of State.")
 
15     Page 14, line 35, at end insert--
    ("(  )  the Technical Advisory Board,")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
16     Page 15, line 3, at end insert ("; and
    (c)  for the purpose of facilitating the carrying out of any functions in relation to this Chapter of the Interception of Communications Commissioner;
but before determining for the purposes of the making of any order, or the imposition of any obligation, under this section what arrangements he considers necessary for the purpose mentioned in paragraph (c) the Secretary of State shall consult that Commissioner")
 
  
After Clause 12
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
17     Insert the following new Clause-- 
     ("  .  There shall be a Technical Advisory Board consisting of--
    (a)  up to six members appointed by the Secretary of State from among persons affected by section 12 of this Act, and
    (b)  up to six members appointed by the Secretary of State representative of persons specified in section 6(2).")
Technical Advisory Board.
  
Clause 13
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
18     Page 15, line 12, leave out ("may, if he thinks fit,") and insert ("shall") 
19     Page 15, line 16, leave out ("an appropriate") and insert ("a fair") 
20     Page 15, line 32, leave out ("appropriate") and insert ("fair") 
  
Clause 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
21     Page 16, line 30, at end insert--
 
    ("(  )  The arrangements for the time being in force under this section for securing that the requirements of subsection (2) are satisfied in relation to the intercepted material or any related communications data must include such arrangements as the Secretary of State considers necessary for securing that every copy of the material or data that is made is stored, for so long as it is retained, in a secure manner.")
 
  
Clause 15
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
22     Page 17, line 19, after ("is") insert ("in an external communication and is") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
23*     Page 17, line 32, at end insert--
 
("or otherwise than according to a factor which is referable to premises in the British Islands")
 
  
After Clause 18
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
24*     Insert the following new Clause-- 
     ("  .  Notwithstanding the provisions of sections 16, 17 and 18, nothing in this Chapter shall render admissible as evidence in court the contents of an intercepted communication in circumstances where the original communication would not itself have been admissible.")Admissibility as evidence in court of an intercepted communication.
  
Clause 20
 
  
BY THE LORD LUCAS
 
25*     Page 23, line 29, after second ("is") insert ("expressly") 
  
BY THE LORD BASSAM OF BRIGHTON
 
26     Page 23, line 42, leave out ("address or other") and insert ("traffic") 
27     Page 24, line 11, leave out subsection (5) 
28     Page 24, line 22, at end insert--
 
    ("(6A)  In this section "traffic data", in relation to any communication, means--
    (a)  any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,
 
 
    (b)  any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,
    (c)  any data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, and
    (d)  any data identifying the data or other data as data comprised in or attached to a particular communication,
but that expression includes data identifying a computer file or computer program access to which is obtained, or which is run, by means of the communication to the extent only that the file or program is identified by reference to the apparatus in which it is stored.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
[As an amendment to Amendment 28]
 
29*     Line 5, leave out ("apparatus or location") and insert ("or apparatus") 
  
BY THE LORD LUCAS
 
30*     Page 24, line 22, at end insert--
 
    ("6A)  Where the communications data in whole or in part comprises data as defined in section 20(4)(a) or (b), the designated person shall first obtain a certificate from--
    (a)  any judge of the Crown Court or the High Court of Justiciary;
    (b)  any sheriff;
    (c)  any justice of the peace;
    (d)  any resident magistrate in Northern Ireland; or
    (e)  any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace,
stating that access to the communications data is necessary and proportionate having regard to the sworn statement of the designated person as to the circumstances of the matter.
 
    (6B)  If the designated person reasonably believes that the special circumstances of the case are such that obtaining a certificate under subsection (6A) would cause an unacceptable delay to the issuing of a notice or authorisation under this section, the designated person may issue such notice or authorisation without obtaining a certificate but must then make a prompt report to the Interception of Communications Commissioner as to the circumstances of the matter.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
31     Page 24, line 23, leave out ("References in this section to") and insert ("In this section--
    (a)  references, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; and
    (b)  references to traffic")
 
32     Page 24, line 25, at end insert--
 
("and in this section "data", in relation to a postal item, means anything written on the outside of the item.
 
 (7A)  The Secretary of State may by order modify the provisions of subsections (4)(a), (6A) and (7). 
     (7B)  The Secretary of State shall not make an order under subsection (7A) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
[As an amendment to Amendment 32]
 
33     Line 4, leave out subsections (7A) and (7B) 
  
Clause 22
 
  
BY THE LORD BASSAM OF BRIGHTON
 
34     Page 25, line 41, leave out from ("authorisation") to end of line 43 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
35*     Page 26, line 8, leave out paragraph (f) 
 
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Prepared 11 July 2000