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

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Clause 53
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
29*     Page 59, line 25, at end insert ("or
    (c)  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")
 
30*     Page 59, line 25, at end insert ("or
    (  )  that to make a disclosure of the key would result in a professional medical adviser producing or giving access to items subject to medical privilege")
 
  
Clause 54
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
31*     Page 60, line 34, 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.")
 
32*     Page 60, line 39, at end insert--
 
    ("(  )  Nothing in this Part 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.")
 
33*     Page 60, line 41, at end insert--
 
    ("(  )  For the purposes of section 53 and this section information is obtained by a professional legal adviser in privileged circumstances if it comes to him as a result of--
    (a)  communications between him and his client; or
    (b)  communications 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.")
 
  
Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
34     Page 62, line 7, at end insert--
 
    ("(4)  Subject to subsection (5), 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 56
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
35*     Page 63, line 1, at end insert--
    ("professional legal adviser" means a barrister, advocate, solicitor or lawyer registered under the European Communities (Lawyers' Practice) Regulations 2000 and the European Communities (Lawyers' Practice) (Scotland) Regulations 2000;")
 
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
36     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
 
37     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
 
38     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
 
39     Page 65, line 31, at end insert--
 
    ("(  )  The Interception of Communications 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
 
40     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 61
 
  
BY THE LORD BASSAM OF BRIGHTON
 
41*     Page 69, leave out line 3 and insert ("in Northern Ireland-- 
 
    (a)  in any capacity in which he is or was the holder of a high judicial office (within the meaning of the Appellate Jurisdiction Act 1876); or
    (b)  as a county court judge.")
1876 c. 59.
  
Clause 65
 
  
BY THE LORD BASSAM OF BRIGHTON
 
42     Page 71, line 10, after ("services;") insert--
    ("(  )  they are proceedings brought by virtue of section 55(4);")
 
43     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")
 
44     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")
 
45     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
 
46     Page 81, line 46, leave out ("(4)") and insert ("(4)(a) or (c) to (g)") 
  
Clause 78
 
  
BY THE LORD BASSAM OF BRIGHTON
 
47     Page 86, line 16, leave out ("2(12),") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
THE LORD BASSAM OF BRIGHTON
 
48     Page 86, line 16, after ("12(9),") insert ("13(3),") 
  
BY THE LORD BASSAM OF BRIGHTON
 
49     Page 86, line 16, leave out ("21(9),") 
  
Clause 83
 
  
BY THE LORD LUCAS
 
50     Page 90, line 43, at beginning insert ("Subject to subsection (2A),") 
51     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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