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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 Amendments to the Regulation of Investigatory Powers Bill to be moved on Third Reading in the House of Lords.

  
Clause 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 5, line 37, leave out subsections (11) and (12) 
  
Clause 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 13, line 26, leave out subsection (10) and insert--
 
    ("(10)  For the purposes of this section--
    (a)  the scheduled parts of an interception warrant are any provisions of the warrant that are contained in a schedule of identifying factors comprised in the warrant for the purposes of section 8(2); and
    (b)  the modifications that are modifications of the scheduled parts of an interception warrant include the insertion of an additional such schedule in the warrant;
and references in this section to unscheduled parts of an interception warrant, and to their modification, shall be construed accordingly.")
 
  
Clause 12
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
THE LORD BASSAM OF BRIGHTON
 
     Page 15, line 22, leave out ("The person to whom a notice is given may") and insert ("Where a notice is given to any person under subsection (2) and otherwise than by virtue of subsection (5A)(c), that person may, before the end of such period as may be specified in an order under this section,") 
     Page 15, line 23, leave out ("to") and insert--
 
    ("(5A)  Where a notice given to any person under subsection (2) is referred to the Technical Advisory Board under subsection (5)--
    (a)  there shall be no requirement for that person to comply, except in pursuance of a notice under paragraph (c)(ii), with any obligations imposed by the notice;
    (b)  the Board shall")
 
     Page 15, line 24, leave out ("and the Board") and insert ("for the person making the reference of the notice referred to them and") 
     Page 15, line 25 at end insert ("; and
    (c)  the Secretary of State, after considering any report of the Board relating to the notice may either--
          (i)  withdraw the notice; or
          (ii)  give a further notice under subsection (2) confirming its effect, with or without modifications")
 
  
Clause 13
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
THE LORD BASSAM OF BRIGHTON
 
     Page 16, leave out lines 23 to 26 and insert ("such number of persons appointed by the Secretary of State as he may by order provide.
 
    (2)  The order providing for the membership of the Technical Advisory Board must also make provision which is calculated to ensure--
    (a)  that the membership of the Technical Advisory Board includes persons likely effectively to represent the interests of the persons on whom obligations may be imposed under section 12;
    (b)  that the membership of the Board includes persons likely effectively to represent the interests of the persons by or on whose behalf applications for interception warrants may be made;
    (c)  that such other persons (if any) as the Secretary of State thinks fit may be appointed to be members of the Board; and
    (d)  that the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraphs (a) and the representation of those mentioned in paragraph (b).
    (3)  The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
Clause 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 26, line 12, leave out subsections (8) and (9) 
  
Clause 22
 
  
BY THE LORD LUCAS
 
     Page 27, line 9, at end insert--
 
    ("(5A)  Where the communications data in whole or in part comprises data as defined in section 21(4)(a), 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.
 
    (5B)  If the designated person reasonably believes that the special circumstances of the case are such that obtaining a certificate under subsection (5A) 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.")
 
  
Clause 49
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 54, line 31, leave out from beginning to ("performance") in line 32 and insert ("necessary for the purpose of securing the effective exercise or proper") 
  
BY THE LORD LUCAS
 
     Page 55, line 6, at end insert--
    ("(  )  must describe the protected information to which the notice relates in sufficient detail to enable all those keys which would satisfy the requirements of section 50(3) and (6) to be identified;
    (  )  must, except where the notice includes a direction pursuant to section 50(3)(c), 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 BASSAM OF BRIGHTON
 
     Page 55, line 18, at end insert--
 
("and the time specified for the purposes of paragraph (f) must allow a period for compliance which is reasonable in all the circumstances.")
 
  
Clause 50
 
  
BY THE LORD LUCAS
 
     Page 56, line 26, at end insert ("  ;  and
    (c)  shall be required, where the notice so stipulates, to provide evidence, to the reasonable satisfaction of the person giving the notice, that the disclosure made truly represents the protected information in an intelligible form")
 
     Page 56, line 39, after ("possession,") insert ("and is unable (whether on account of a provision in the notice pursuant to section 54(1) or otherwise) to obtain the assistance of such persons as may have it in their possession,") 
  
Clause 51
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 58, line 15, after ("police") insert ("or by a member of Her Majesty's forces who is a member of a police force") 
     Page 58, line 20, at end insert ("who is not a member of a police force") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD LUCAS
 
     Page 58, line 33, after ("proportionate") insert (", having regard to all the circumstances, including the effect on the reputation and business of the person,") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 58, line 40, at end insert--
 
    ("(6)  Where a direction for the purposes of subsection (1) is given by a chief officer of police, by the Commissioners of Customs and Excise or by a member of Her Majesty's forces, the person giving the direction shall give a notification that he has done so--
    (a)  in a case where the direction is given--
          (i)  by a member of Her Majesty's forces who is not a member of a police force, and
          (ii)  otherwise than in connection with activities of members of Her Majesty's forces in Northern Ireland,
 
 to the Intelligences Services Commissioner; and 
 
    (b)  in any other case, to the Chief Surveillance Commissioner.
    (7)  A notification under subsection (7)--
    (a)  must be given not more than seven days after the day of the giving of the direction to which it relates; and
    (b)  may be given either in writing or by being transmitted to the Commissioner in question by electronic means.")
 
  
Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 62, line 7, at end insert--
 
    ("(4)  Subject to subsection (6), where any relevant person incurs any loss or damage in consequence of--
    (a)  any breach by a person to whom this section applies of the duty imposed on him by subsection (2), or
    (b)  any contravention by any person whatever of arrangements made in pursuance of that subsection in relation to persons under the control of a person to whom this section applies,
the breach or contravention shall be actionable against the person to whom this section applies at the suit or instance of the relevant person.
 
    (5)  A person is a relevant person for the purposes of subsection (4) if he is--
    (a)  a person who has made a disclosure in pursuance of a section 49 notice; or
    (b)  a person whose protected information or key has been disclosed in pursuance of such a notice
and loss or damage shall be taken into account for the purposes of that subsection to the extent only that it relates to the disclosure of particular protected information or a particular key which, in the case of a person falling with paragraph (b), must be his information or key.
 
    (6)  For the purposes of subsection (5)--
    (a)  information belongs to a person if he has any right that would be infringed by an unauthorised disclosure of the information; and
    (b)  a key belongs to a person if it is a key to information that belongs to him or he has any right that would be infringed by an unauthorised disclosure of the key.
    (7)  In any proceedings brought by virtue of subsection (4), it shall be the duty of the court to have regard to any opinion with respect to the matters to which the proceedings relate that is or has been given by a relevant Commissioner.
 
    (8)  In this section "relevant Commissioner" means the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Investigatory Powers Commissioner for Northern Ireland or any Surveillance Commissioner or Assistant Surveillance Commissioner.")
 
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 64, line 29, leave out from ("State") to end of line 32 and insert ("after consultation with the Interception of Communications Commissioner, shall--
    (a)  make such technical facilities available to the Commissioner, and
    (b)  subject to the approval of the Treasury as to numbers, provide the Commissioner with such staff,
as are sufficient to secure that the Commissioner is able properly to carry out his functions.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
     Page 64, line 31, leave out from ("provide") to end of line 32 and insert ("the Commissioner with such technical and other staff, equipment and other resources as may be required to enable him effectively to carry out his functions") 
  
Clause 58
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
     Page 65, line 31, at end insert ("and may at any time report to him on any matter relating to his discharge of those functions") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 65, line 31, at end insert--
 
    ("(  )  The Interception Commissioner may also, at any time, make any such other report to the Prime Minister on any matter relating to the carrying out of the Commissioner's functions as the Commissioner thinks fit.")
 
  
Clause 60
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 67, line 25, at end insert--
 
    ("(  )  The Intelligence Services Commissioner may also, at any time, make any such other report to the Prime Minister on any matter relating to the carrying out of the Commissioner's functions as the Commissioner thinks fit.")
 
  
Clause 65
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 71, line 10, after ("services;") insert--
    ("(  )  they are proceedings brought by virtue of section 55(4);")
 
     Page 72, line 8, at end insert--
 
("but conduct does not take place in challengeable circumstances to the extent that it is authorised by, or takes place with the permission of, a judicial authority")
 
     Page 72, leave out lines 16 to 19 and insert--
    ("(d)  a permission for the purposes of Schedule 2 to this Act;
    (e)  a notice under section 49 of this Act; or")
 
     Page 72, line 36, at end insert--
 
    ("(11)  In this section "judicial authority" means--
    (a)  any judge of the High Court or of the Crown Court or any Circuit Judge;
    (b)  any judge of the High Court of Justiciary or any sheriff;
    (c)  any justice of the peace;
    (d)  any county court judge or resident magistrate in Northern Ireland;
    (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.")
 
  
Clause 73
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 81, line 46, leave out ("(4)") and insert ("(4)(a) or (c) to (g)") 
  
Clause 78
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 86, line 16, leave out (" 2(12),") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
THE LORD BASSAM OF BRIGHTON
 
     Page 86, line 16, after (" 12(9),") insert (" 13(3),") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 86, line 16, leave out (" 21(9),") 
  
Clause 83
 
  
BY THE LORD LUCAS
 
     Page 90, line 43, at beginning insert ("Subject to subsection (24),") 
     Page 90, line 45, at end insert--
 
    ("(2A)  Part III of this Act shall only come into force following the agreement by both Houses of Parliament to a resolution to that effect, not less than 12 months, and not more than 36 months following the passing of this Act.")
 
 
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