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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 Second 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 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 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Commissioner who shall rule whether that person shall breach that other legal duty or whether the notice shall be withdrawn as disproportionate, having regard to the effects of the notice in either case.")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 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 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 
  
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 
 
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Prepared 13 July 2000