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Lord Bassam of Brighton moved Amendment No. 190C:


INVESTIGATORY POWERS COMMISSIONER FOR NORTHERN IRELAND

(" .--(1) The Prime Minister, after consultation with the First Minister and deputy First Minister in Northern Ireland, shall appoint a Commissioner to be known as the Investigatory Powers Commissioner for Northern Ireland.
(2) The Investigatory Powers Commissioner for Northern Ireland shall keep under review the exercise and performance in Northern Ireland, by the persons on whom they are conferred or imposed, of any powers or duties under Part II which are conferred or imposed by virtue of an order under section 29 made by the First Minister and deputy First Minister in Northern Ireland acting jointly.
(3) The Investigatory Powers Commissioner for Northern Ireland shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require--
(a) in connection with the investigation of any matter by the Tribunal; or
(b) otherwise for the purposes of the Tribunal's consideration or determination of any matter.
(4) It shall be the duty of--
(a) every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Investigatory Powers Commissioner for Northern Ireland,
(b) every person who has engaged in conduct with the authority of such an authorisation,
(c) every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a), and
(d) every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II) activities which are or may be subject to any such review have been or may be carried out,
to disclose or provide to that Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.
(5) As soon as practicable after the end of each calendar year, the Investigatory Powers Commissioner for Northern Ireland shall make a report to the First Minister and deputy First Minister in Northern Ireland with respect to the carrying out of that Commissioner's functions.
(6) The First Minister and deputy First Minister Ireland shall lay before the Northern Ireland Assembly a copy of every annual report made by the Investigatory Powers Commissioner for Northern Ireland under subsection (5), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (7).
(7) If it appears to the First Minister and deputy First Minister in Northern Ireland, after consultation with the Investigatory Powers Commissioner for Northern Ireland, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to--
(a) the prevention or detection of serious crime, or
(b) the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,
they may exclude that matter from the copy of the report as laid before the Northern Ireland Assembly.
(8) A person shall not be appointed under this section as the Investigatory Powers Commissioner for Northern Ireland unless he holds or has held office as a county court judge in Northern Ireland.

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(9) The Investigatory Powers Commissioner for Northern Ireland shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of the Consolidated Fund of Northern Ireland such allowances as the Department of Finance and Personnel may determine.
(10) The First Minister and deputy First Minister in Northern Ireland, after consultation with the Investigatory Powers Commissioner for Northern Ireland, provide him with such staff as they consider necessary for the carrying out of his functions.").

The noble Lord said: This group of amendments introduces a new role for an investigatory powers commissioner for Northern Ireland. The new commissioner has a clearly circumscribed role--one which is circumscribed in three ways. First, it is limited to Northern Ireland. Secondly, it is limited to actions under Part II of the Bill; that is, to direct surveillance and covert sources. Thirdly, the role of the commissioner is limited to the actions of public authorities, the responsibility for which is transferred to the First Minister and Deputy First Minister in Northern Ireland and the Northern Ireland Assembly.

When the Bill was introduced in another place, it contained a role of the covert investigations commissioner. The role of that covert investigations commissioner was to oversee the actions of public authorities, other than the police and Customs, and the intelligence agencies under Part II of the Bill. Representations were received to the effect that the role could usefully be bound up within that of the chief surveillance and surveillance commissioners, already established under the Police Act 1997. That change was made by amendment in another place.

It is a simple creation and I hope that I have given adequate information on the purpose and effect of the provision. I beg to move.

On Question, amendment agreed to.

Clause 55 [Additional functions of other Commissioners]:

Lord Bach moved Amendments Nos. 190D to 191B:


    Page 59, line 6, leave out subsections (1) and (2).


    Page 60, line 2, leave out from first ("the") to end of line 3 and insert ("Intelligence Services Commissioner").


    Page 60, line 3, at end insert ("or the Investigatory Powers Commissioner for Northern Ireland").


    Page 60, line 14, leave out subsection (4).


    Page 60, line 21, leave out ("any") and insert ("the Chief Surveillance").


    Page 60, line 33, leave out subsection (7).

On Question, amendments agreed to.

Clause 55, as amended, agreed to.

Lord Bach moved Amendment No. 192:


    After Clause 55, insert the following new clause--

ASSISTANT SURVEILLANCE COMMISSIONERS

(".--(1) The Prime Minister may, after consultation with the Chief Surveillance Commissioner as to numbers, appoint as Assistant Surveillance Commissioners such number of persons as the Prime Minister considers necessary (in addition to the ordinary Surveillance Commissioners) for the purpose of providing the Chief Surveillance Commissioner with assistance under this section.

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(2) A person shall not be appointed as an Assistant Surveillance Commissioner unless he holds or has held office as--
(a) a judge of the Crown Court or a Circuit judge;
(b) a sheriff in Scotland; or
(c) a county court judge in Northern Ireland.
(3) The Chief Surveillance Commissioner may require any ordinary Surveillance Commissioner or any Assistant Surveillance Commissioner to provide him with assistance in carrying out his functions under section 55(3).
(4) The assistance that may be provided under this section includes--
(a) the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; and
(b) the making of a report to the Chief Surveillance Commissioner about the matter reviewed.
(5) Subsections (3) to (8) of section 91 of the Police Act 1997 (Commissioners) apply in relation to a person appointed under this section as they apply in relation to a person appointed under that section.").

On Question, amendment agreed to.

Clause 56 [Delegation of Commissioners' functions]:

Lord Bach moved Amendments Nos. 192A to 193:


    Page 60, line 40, leave out from first ("the") to ("or") in line 41 and insert ("Intelligence Services Commissioner").


    Page 60, line 41, after first ("Commissioner") insert (", the Investigatory Powers Commissioner for Northern Ireland").


    Page 60, line 41, at end insert ("or Assistant Surveillance Commissioner").

On Question, amendments agreed to.

Clause 56, as amended, agreed to.

Lord Cope of Berkeley had given notice of his intention to move Amendment No. 194:


    After Clause 56, insert the following new clause--

INVESTIGATORY POWERS COMMISSION

(" .--(1) There shall be an Investigatory Powers Commission consisting of--
(a) the Commissioner under section 8 of the Interception of Communications Act,
(b) the Security Service Act Commissioner,
(c) the Intelligence Services Act Commission,
(d) the Chief Surveillance Commissioner, and
(e) such additional Commissioners as the Secretary of State shall appoint by order.
(2) The Secretary of State shall by order provide for the discharge under the general direction of the Commission of any of the functions of each of the Commissioners.
(3) The Secretary of State shall appoint one of the Commissioners to be chairman of the Commission.
(4) Schedule (Investigatory Powers Commission) shall have effect with respect to the Commission.
(5) No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.").

The noble Lord said: In view of our previous discussions, I do not wish to pursue this matter. Therefore, I do not propose to move Amendment No. 194.

[Amendment No. 194 not moved.]

Clause 57 [The Tribunal]:


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