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

back to previous amendments
 
  
Clause 24
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
36*     Page 27, line 27, leave out paragraph (f) 
  
Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
37     Page 28, line 21, leave out ("either") and insert--
    ("(  )  is carried out in relation to anything taking place on any residential premises or in any private vehicle; and")
 
38     Page 28, line 22, leave out from ("individual") to end of line 26 and insert ("on the premises or in the vehicle or is carried out by means of a surveillance device") 
  
BY THE LORD LUCAS
 
39*     Page 28, line 41, leave out ("the same") and insert ("similar") 
  
Clause 29
 
  
BY THE LORD BASSAM OF BRIGHTON
 
40*     Page 33, line 12, leave out ("The Secretary of State may by order") and insert ("An order under this section may") 
41*     Page 33, line 18, at end insert--
 
    ("(5A)  Without prejudice to section (Orders under s. 29 for Northern Ireland), the power to make an order under this section shall be exercisable by the Secretary of State.")
 
42*     Page 33, line 25, leave out subsections (7) to (13) 
  
After Clause 29
 
  
BY THE LORD BASSAM OF BRIGHTON
 
43*     Insert the following new Clause-- 
     ("  .--(1) Subject to subsections (2) and (3), the power to make an order under section 29 for the purposes of the grant of authorisations for conduct in Northern Ireland shall be exercisable by the Office of the First Minister and deputy First Minister in Northern Ireland (concurrently with being exercisable by the Secretary of State).
 
    (2)  The power of the Office of the First Minister and deputy First Minister to make an order under section 29 by virtue of subsection (1) or (3) of that section shall not be exercisable in relation to any public authority other than--
    (a)  the Food Standards Agency;
    (b)  the Intervention Board for Agricultural Produce;
    (c)  an authority added to Schedule 1 by an order made by that Office;
    (d)  an authority added to that Schedule by an order made by the Secretary of State which it would (apart from that order) have been within the powers of that Office to add to that Schedule for the purposes mentioned in subsection (1) of this section.
    (3)  The power of the Office of the First Minister and deputy First Minister to make an order under section 29--
    (a)  shall not include power to make any provision dealing with an excepted matter;
    (b)  shall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.
Orders under s. 29 for Northern Ireland.
     (4)  The power of the Office of the First Minister and deputy First Minister to make an order under section 29 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
 
    (5)  A statutory rule containing an order under section 29 which makes provision by virtue of subsection (5) of that section for--
    (a)  adding any public authority to Part I or II of Schedule 1, or
    (b)  moving any public authority from Part II to Part I of that Schedule,
S.I. 1979/1573 (N.I. 12).
 shall be subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954).1954 c. 33 (N.I.).
     (6)  A statutory rule containing an order under section 29 (other than one to which subsection (5) of this section applies) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
 
    (7)  An order under section 29 made by the Office of the First Minister and deputy First Minister may--
    (a)  make different provision for different cases;
    (b)  contain such incidental, supplemental, consequential and transitional provision as that Office thinks fit.
    (8)  The reference in subsection (2) to an addition to Schedule 1 being within the powers of the Office of the First Minister and deputy First Minister includes a reference to its being within the powers exercisable by that Office with the consent for the purposes of subsection (3)(b) of the Secretary of State.
1954 c. 33 (N.I.).
     (9)  In this section "excepted matter" and "reserved matter" have the same meanings as in the Northern Ireland Act 1998; and, in relation to those matters, section 98(2) of that Act (meaning of "deals with") applies for the purposes of this section as it applies for the purposes of that Act.")1998 c. 47.
  
Clause 47
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE LORD LUCAS
 
44*     Page 52, line 45, at end insert--
    ("(  )  must provide arrangements for the protected information to be delivered to the recipient in the event that--
          (i)  it is not already in his possession, or
          (ii)  it is only likely to come into the possession of any person or service in accordance with some paragraph of subsection (1);")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE EARL OF NORTHESK
 
45*     Page 53, line 7, leave out first ("the") and insert ("a reasonable") 
  
BY THE LORD BASSAM OF BRIGHTON
 
46     Page 53, line 9, leave out from ("made") to end of line 11 
  
BY THE LORD LUCAS
 
47*     Page 53, line 16, leave out ("the") and insert ("an") 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
48*     Page 53, line 44, at end insert--
 
    ("(  )  A notice shall not be considered necessary on the ground falling within subsection (3)(c) unless the information protected by the key which is sought to be disclosed is information relating to the acts or intentions of persons outside the British Islands.")
 
  
BY THE LORD LUCAS
 
49*     Page 53, line 44, at end insert--
 
    ("(  )  A notice under this section shall not require the disclosure of any key where an application under the Police and Criminal Evidence Act 1984 may be used to require the production of data in a legible and usable form.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
50*     Page 53, line 46, leave out from beginning to end of line 1 on page 54 and insert ("where--
    (a)  it is intended to be used for the purpose only of generating electronic signatures and has not in fact been used for any other purpose; or
    (b)  the protected information to which that key relates is itself a further key whose disclosure could not be required by virtue of this subsection.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE LORD LUCAS
 
51*     Page 54, line 1, after ("fact") insert ("recently") 
  
BY THE LORD LUCAS
 
52*     Page 54, line 1, at end insert ("; and
    (c)  protects only a further key the disclosure of which could not be required by virtue of this subsection")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
53*     Page 54, line 1, at end insert--
 
    ("(  )  In subsection (9), "recently" means--
    (a)  the period within which the notice, or any notice of which the relevant notice is a renewal, is in effect, or
    (b)  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.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
54*     Page 54, line 1, at end insert--
 
    ("(  )  A notice under this section shall not confer any right to production of, or access to, items subject to legal privilege.")
 
  
Clause 48
 
  
BY THE LORD LUCAS
 
55*     Page 54, line 12, leave out ("and") and insert ("or") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE EARL OF NORTHESK
 
56*     Page 54, line 17, at end insert--
 
    ("(  )  Where a person who has been given notice under section 47 believes that compliance with the notice will involve breaching a legal duty of confidentiality to another person, he may, within 24 hours of receipt of the notice, refer the notice to the Interception of Communications Commissioner who shall rule whether that person shall breach that other legal duty or whether the notice shall be withdrawn as disproportionate, having regard to the effects of the notice in either case.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
57*     Page 54, line 28, leave out paragraph (a) 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE LORD LUCAS
 
58*     Page 54, line 31, after ("form") insert ("and is unable to obtain the assistance of such persons as may have it in their possession") 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
59*     Page 54, line 32, leave out paragraph (c) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE EARL OF NORTHESK
 
60*     Page 54, line 38, at end insert ("unless there exists another less onerous means by which the protected information can be obtained") 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
61*     Page 55, line 14, leave out ("Subject to subsection (5) and (6), the person given notice") and insert ("Where the person given notice is unable to disclose sufficient keys in accordance with subsections (5) and (6), he") 
  
After Clause 48
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
62*     Insert the following new Clause-- 
     ("  .--(1)  This section applies where--
    (a)  the person who for the purposes of Schedule 2 granted the permission for the giving of the notice in relation to that information, or
    (b)  any person whose permission for the giving of a such a notice in relation to that information would constitute the appropriate permission under that Schedule,
considers it appropriate to give a direction in accordance with subsection (2).
 
    (2)  If the person identified in subsection (1) believes that a person to whom a section 47 notice is to be given has made, or may attempt to make, a spurious disclosure, he may direct that the notice may require that person to provide proof that the disclosure made truly represents the protected information in intelligible form.")
Cases in which proof of correct disclosure may be required.
  
BY THE LORD LUCAS
 
63*     Insert the following new Clause-- 
     ("  .--(1)  This section applies where--
    (a)  the person who for the purposes of Schedule 2 granted the permission for the giving of the notice in relation to that information, or
    (b)  any person whose permission for the giving of a such a notice in relation to that information would constitute the appropriate permission under that Schedule,
considers it appropriate to give a direction in accordance with subsection (2).
 
    (2)  If the person identified in subsection (1) believes that a person to whom a section 47 notice is to be given has made, or may attempt to make, a false disclosure, he may direct that the notice may require that person to provide proof that the disclosure made truly represents the protected information in intelligible form.
 
    (3)  The requirements of subsection (2) may be satisfied by the confirmation by a firm of solicitors, designated by the Law Society, who have been provided with the claimed disclosure, the keys and the protected information that the claimed disclosure is the product of applying the keys in question to the protected information.")
Cases in which proof of correct disclosure may be required (No. 2).
  
Clause 49
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
64     Page 55, line 43, leave out from beginning to ("that") in line 49 and insert ("the Secretary of State has issued a warrant directing") 
  
BY THE LORD LUCAS
 
65*     Page 55, line 50, leave out ("the key itself") and insert ("an actual key") 
  
BY THE LORD BASSAM OF BRIGHTON
 
66*     Page 55, line 50, at end insert--
 
    ("(1A)  A direction for the purposes of subsection (1) by the police, the customs and excise or a member of Her Majesty's forces shall not be given--
    (a)  in the case of a direction by the police, except by or with the permission of a chief officer of police;
    (b)  in the case of a direction by the customs and excise, except by or with the permission of the Commissioners of Customs and Excise; or
    (c)  in the case of a direction by a member of Her Majesty's forces, except by or with the permission of a person of or above the rank of brigadier or its equivalent.
    (1B)  A permission given for the purposes of subsection (1A) by a chief officer of police, the Commissioners of Customs and Excise or a person of or above any such rank as is mentioned in paragraph (c) of that subsection must be given expressly in relation to the direction in question.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
67*     Page 56, line 1, leave out subsection (2) and insert--
 
    ("(2)  The Secretary of State shall not give a direction for the purposes of subsection (1) unless he believes--
    (a)  that the purposes for which it was believed necessary to impose the requirement in question would be defeated, in whole or in part, if the direction were not given; and
    (b)  that the giving of the direction is proportionate to what is sought to be achieved by giving that direction.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
68*     Page 56, line 1, leave out ("A person") and insert ("The Secretary of State") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE EARL OF NORTHESK
 
69*     Page 56, line 2, at end insert ("on reasonable grounds") 
  
BY THE LORD BASSAM OF BRIGHTON
 
70     Page 56, line 9, at end insert--
 
    ("(  )  The matters to be taken into account in considering whether the requirement of subsection (2)(b) is satisfied in the case of any direction shall include the extent and nature of any protected information, in addition to the protected information in respect of which the disclosure requirement is imposed, to which the key is also a key.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
71*     Leave out Clause 49 
 
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