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

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Clause 51
 
  
BY THE LORD BASSAM OF BRIGHTON
 
72     Page 56, line 20, after ("he") insert ("knowingly") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
73*     Page 56, line 20, after ("he") insert ("wilfully") 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE LORD LUCAS
 
74*     Page 56, line 24, after ("any") insert ("recent") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
75*     Page 56, line 42, at end insert--
    (", or that to make a disclosure of the key would result in a professional legal adviser producing or giving access to items subject to legal privilege")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
76*     Page 57, line 3, at end insert--
 
    ("(  )  In subsection (2), a "recent time" means a 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.")
 
  
Clause 52
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
77*     Page 57, leave out lines 6 to 9 and insert ("that any of the matters falling within subsection (1A) not be disclosed to any person such that--
    (a)  the safety or well-being of any person;
    (b)  the effectiveness of any investigation or operation; or
    (c)  the effectiveness of a specific investigatory technique,
would be affected by such a disclosure.
 
    (1A)  The matters that may be provided for under subsection (1) are--
    (a)  the giving of the notice;
    (b)  the content of the notice; or
    (c)  the things done in pursuance of the notice.")
 
78*     Page 57, line 18, leave out subsection (3) 
79*     Page 57, line 28, leave out ("to any other person") 
80*     Page 57, line 29, leave out ("to keep secret") and insert ("not to disclose such that the disclosure affects any of the matters mentioned in subsection (1)") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE EARL OF NORTHESK
 
81*     Page 57, line 43, at end insert--
 
    ("(  )  In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the person to whom he made the disclosure--
    (a)  was not named in the notice as someone who should not be informed, and
    (b)  was a person employed by the same employer on duties involving compliance with legal requirements or involving the security of electronic communications or transactions.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
82*     Page 58, line 3, leave out subsection (7) and insert--
 
    ("(7)  Subsection (4) above does not apply to a disclosure which is made by a professional legal adviser--
    (a)  to his client or to his client's representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose, or
    (b)  to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.")
 
83*     Page 58, line 8, at end insert--
 
    ("(  )  Nothing in this Part of this Act shall require disclosure by a professional legal adviser of--
    (a)  information which he obtains in privileged circumstances, or
    (b)  a belief or suspicion based on information which he obtains in privileged circumstances.")
 
84*     Page 58, line 10, at end insert--
 
    ("(  )  For the purposes of section 51 and this section, information is obtained by a professional legal adviser in privileged circumstances if it comes to him as a result of communications--
    (a)  between him and his client; or
    (b)  made in contemplation of legal proceedings, and for the purposes of those proceedings,
being communications which would in legal proceedings be protected from disclosure by virtue of any rule of law relating to the confidentiality of communications.")
 
  
BY THE LORD LUCAS
 
85*     Leave out Clause 52 
  
Clause 53
 
  
BY THE LORD BASSAM OF BRIGHTON
 
86     Page 59, line 11, at end insert--
    ("(  )  that, for the purpose of ensuring that those requirements are satisfied, any key so disclosed is stored, for so long as it is retained, in a secure manner;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE EARL OF NORTHESK
 
87*     Page 59, line 14, at end insert--
 
    ("(  )  The duty of any person under this section shall be enforceable by civil proceedings against that person by the person on whom the section 47 notice was served, or by any associate or customer of his who has suffered damage.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
88*     Page 59, line 22, leave out subsection (4) 
  
Clause 54
 
  
BY THE LORD BASSAM OF BRIGHTON
 
89*     Page 59, line 37, at end insert--
    (""chief officer of police" means any of the following--
 
 
          (a)  the chief constable of a police force maintained under or by virtue of section 2 of the Police Act 1996 or section 1 of the Police (Scotland) Act 1967;
          (b)  the Commissioner of Police of the Metropolis;
          (c)  the Commissioner of Police for the City of London;
          (d)  the Chief Constable of the Royal Ulster Constabulary;
          (e)  the Chief Constable of the Ministry of Defence Police;
          (f)  the Provost Marshal of the Royal Navy Regulating Branch;
          (g)  the Provost Marshal of the Royal Military Police;
          (h)  the Provost Marshal of the Royal Air Force Police;
          (i)  the Chief Constable of the British Transport Police;
          (j)  the Director General of the National Criminal Intelligence Service;
          (k)  the Director General of the National Crime Squad;")
1996 c. 16.
1967 c. 77.
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
90*     Page 59, line 42, at end insert (", and does not affect the intelligibility or accessibility of that communication or data") 
91*     Page 60, line 8, leave out paragraphs (a) and (b) and insert--
    ("(a)  when it is applied to electronic data that has been deliberately processed so as to deny access to any person or apparatus, allows access to that data or the putting of that data into an intelligible form; or
    (b)  when used to generate an electronic signature, serves to establish the authenticity or the integrity of the data with which that signature is incorporated or associated;")
 
  
BY THE LORD LUCAS
 
92*     Page 60, line 9, at end insert ("or
    (c)  serves to establish the authenticity or integrity of the data;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
93*     Page 60, line 14, at end insert--
    ("&#M10;&#M10;&#M10;&#M10;professional legal adviser" means a barrister, advocate, solicitor or lawyer registered under the European Communities (Lawyers' Practice) Regulations 2000 or the European Communities (Lawyers' Practice) (Scotland) Regulations 2000;")
 
  
Clause 59
 
  
BY THE LORD BASSAM OF BRIGHTON
 
94*     Page 65, line 17, leave out from ("the") to end of line 18 and insert ("Office of the First Minister and deputy First Minister in Northern Ireland") 
  
Clause 61
 
  
BY THE LORD BASSAM OF BRIGHTON
 
95     Page 67, line 20, at end insert ("; or
    (b)  require any Assistant Surveillance Commissioner to provide him with assistance in carrying out his equivalent functions under any Act of the Scottish Parliament in relation to any provisions of such an Act that are equivalent to those of Part II of this Act")
 
  
Clause 62
 
  
BY THE LORD BASSAM OF BRIGHTON
 
96     Page 67, line 29, after ("enactment") insert ("or any provision of an Act of the Scottish Parliament") 
  
Clause 69
 
  
BY THE LORD LUCAS
 
97*     Leave out Clause 69 
  
Clause 70
 
  
BY THE LORD LUCAS
 
98*     Leave out Clause 70 
  
Clause 76
 
  
BY THE LORD BASSAM OF BRIGHTON
 
99     Page 83, line 16, after ("section") insert (" 2(10B),") 
100     Page 83, line 16, after ("12(7),") insert (" 20(7B),") 
  
Clause 79
 
  
BY THE LORD LUCAS
 
101*     Page 84, line 39, at end insert--
    (" "data" includes information in any form;")
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
102     Page 100, line 31, leave out paragraph 13 
 
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Prepared 11 July 2000