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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 Third Reading in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
1     Page 5, line 37, leave out subsections (11) and (12) 
  
Clause 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
2     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
 
3     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,") 
4     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")
 
5     Page 15, line 24, leave out ("and the Board") and insert (", for the person making the reference, of the notice referred to them and") 
6     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
 
7     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 paragraph (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 14
 
  
BY THE LORD BASSAM OF BRIGHTON
THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
8*     Page 16, line 27, leave out subsection (1) and insert--
 
    ("(1)  It shall be the duty of the Secretary of State to ensure that such arrangements are in force as are necessary for securing that a person who provides--
    (a)  a postal service, or
    (b)  a telecommunications service,
receives such contribution as is, in the circumstances of that person's case, a fair contribution towards the costs incurred, or likely to be incurred, by that person in consequence of the matters mentioned in subsection (2).")
 
9*     Page 16, line 43, at end insert--
 
    ("(  )  For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for payments to be made out of money provided by Parliament.")
 
10*     Page 16, line 44, leave out subsection (3) 
  
Clause 16
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
11*     Page 19, line 12, leave out from ("necessary") to end of line 13 and insert ("for the purpose of preventing acts of terrorism; and") 
  
Clause 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
12     Page 26, line 12, leave out subsections (8) and (9) 
  
Clause 22
 
  
BY THE LORD LUCAS
 
13     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
 
14     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
 
15*     Page 55, leave out line 6 and 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
 
16     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.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
17*     Page 56, line 10, 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 50
 
  
BY THE LORD BASSAM OF BRIGHTON
 
18*     Page 56, line 21, leave out ("putting it into") and insert ("disclosing it in") 
  
BY THE LORD LUCAS
 
19     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")
 
20     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,") 
  
BY THE LORD BASSAM OF BRIGHTON
 
21*     Page 56, line 39, leave out ("putting it into") and insert ("disclosing it in") 
  
Clause 51
 
  
BY THE LORD BASSAM OF BRIGHTON
 
22     Page 58, line 15, after ("police") insert ("or by a member of Her Majesty's forces who is a member of a police force") 
23     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
 
24     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
 
25*     Page 58, line 40, at end insert ("and
    (b)  any adverse effect that the giving of the direction might have on a business carried on by the person on whom the disclosure requirement is imposed.")
 
26     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 (6)--
 
 
    (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.")
 
  
BY THE LORD LUCAS
[As an amendment to Amendment 26]
 
27*     Line 14, after ("given") insert ("as soon as possible, and in any event") 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
28*     Leave out Clause 51 
 
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