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Lord Bach moved Amendment No. 217:


On Question, amendment agreed to.

[Amendment No. 218 not moved.]

28 Jun 2000 : Column 1055

Clause 72, as amended, agreed to.

Clause 73 agreed to.

Schedule 3 [Consequential amendments]:

Lord Bassam of Brighton moved Amendment No. 219:


    Page 87, line 7, leave out ("(within the meaning of the Regulation of Investigatory Powers Act 2000)").

The noble Lord said: The effect of this group of amendments would allow government bodies to continue to use their statutory powers to obtain communications data without committing an offence under the Telecommunications Act 1984--something with which, no doubt, all Members of the Committee will be familiar. Amendment No. 220 is the key amendment in the group, while the remaining amendments are consequential. I beg to move.

On Question, amendment agreed to.

Lord Bach moved Amendments Nos. 220, 220A, 221 and 222:


    Page 87, line 11, after ("2000;") insert--


("( ) in compliance with any requirement imposed (apart from that Act) in consequence of the exercise by any person of any statutory power exercisable by him for the purpose of obtaining any document or other information;").


    Page 87, line 12, leave out from second ("under") to end of line 13.


    Page 87, line 15, leave out ("any Commissioner appointed under that Act of 2000") and insert ("the Interception of Communications Commissioner").


    Page 87, line 16, at end insert--


("(3) In subsection (2) above 'criminal proceedings' and 'statutory power' have the same meanings as in the Regulation of Investigatory Powers Act 2000."").

On Question, amendments agreed to.

Lord Cope of Berkeley moved Amendment No. 222ZA:


    Page 87, line 16, at end insert--

("The Legal Aid (Scotland) Act 1986 (c. 47)

. At the end of paragraph 1 of Part I of Schedule 2 there shall be inserted--
"in the Regulation of Investigatory Powers Tribunal."").

The noble Lord said: This is a very simple amendment, but one which has some consequences. The Bill provides for a regulation of investigatory powers tribunal. However, the Law Society of Scotland has pointed out to me that the relevant people will not be able to get legal aid as the Bill stands, should they appear before it. The society has suggested that that matter should be considered. I beg to move.

Lord Bach: This amendment would provide for legal aid to be available in Scotland to applicants to the tribunal. However, the convention is that this Parliament does not legislate on devolved matters. Legal aid is a devolved matter, and the responsibility

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of the Scottish Executive. As such, it is not possible for the Government to accept the amendment, and I hope that the noble Lord will feel able to withdraw it.

Lord Cope of Berkeley: In the light of that response, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Bach moved Amendments Nos. 222A and 222B:


    Page 87, line 17, at end insert--


(" .--(1) In section 1 of the Security Service Act 1989 (functions of the Security Service), after subsection (4) there shall be inserted--
"(5) Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of 'prevention' and 'detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I."
(2) In section 2(2)(a) of that Act (duty of Director General to secure that information not disclosed except for authorised purposes), for "preventing or detecting" there shall be substituted "the prevention or detection of".").


    Page 87, line 18, leave out paragraph 4.

The noble Lord said: These amendments have already been spoken to. I beg to move.

On Question, amendments agreed to.

[Amendment No. 223 had been withdrawn from the Marshalled List.]

Lord Bach moved Amendment No. 223A:


    Page 87, line 35, leave out paragraph 6.

On Question, amendment agreed to.

[Amendment No. 224 had been withdrawn from the Marshalled List.]

Lord Bach moved Amendments Nos. 224A to 226:


    Page 87, line 45, at end insert--


(". In section 11 of the Intelligence Services Act 1994 (interpretation), after subsection (1) there shall be inserted--
"(1A) Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of 'prevention' and 'detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act." ").


    Page 88, line 14, at end insert ("and after "Commissioners" there shall be inserted "and any Assistant Surveillance Commissioners holding office under section (Assistant Surveillance Commissioners) of the Regulation of Investigatory Powers Act 2000"").


    Page 90, line 15, leave out ("requiring a key to protected information)") and insert ("imposing a disclosure requirement in respect of information protected by a key)").


    Page 90, line 33, at end insert--


("(13) In Part VII of that Act, before section 134 there shall be inserted--
"Meaning of 'prevention' and 'detection'.
133A. Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of 'prevention' and 'detection') shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I." ").

The noble Lord said: These amendments have already been spoken to. I beg to move.

28 Jun 2000 : Column 1057

On Question, amendments agreed to.

Lord Bassam of Brighton moved Amendment No. 226A:


    Page 90, line 45, at end insert--


("The Financial Services and Markets Act 2000 (c. 8)
. In section 394(7) of the Financial Services and Markets Act 2000 (exclusion of material from material of the Authority to which a person must be allowed access), for paragraphs (a) and (b) there shall be substituted--
"(a) is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 16 of the Regulation of Investigatory Powers Act 2000; or"").

The noble Lord said: Amendment No. 226A would amend the Financial Services and Markets Act 2000, updating its provisions to ensure that intercept material and related sensitive information is protected from disclosure under the new interception regime. It is a technical amendment and it merely updates the language used in that Act. I beg to move.

Lord Lucas: It appears to me that the Financial Services and Markets Act has hardly reached the statute book before we are seeking to amend it. I am sure that if the noble Lord, Lord McIntosh, had intended that the wording should be included in that Act he would have included it while the Bill was progressing through the Chamber under his tutelage. I am surprised that the noble Lord has the temerity to contradict such an experienced parliamentarian.

The Earl of Northesk: Following the intervention of my noble friend Lord Lucas, I simply say to the noble Lords, Lord McIntosh and Lord Bach, "Hurrah! No. 1,470." I hope that I have my arithmetic correct.

On Question, amendment agreed to.

Lord Bach moved Amendment No. 227:


    Page 90, leave out lines 47 to 50 and insert--


("11.--(1) In section 9(2)(d) of the Terrorism Act 2000 (proceedings under the Human Rights Act 1998), for "8" there shall be substituted "7".
(2) In each of paragraphs 6(3) and 7(5) of Schedule 3 to that Act (references to an organisation and representative in paragraphs 5 and 8 of that Schedule), for "paragraphs 5 and 8" there shall be substituted "paragraph 5".").

On Question, amendment agreed to.

Schedule 3, as amended, agreed to.

Schedule 4 [Repeals]:

Lord Bassam of Brighton moved Amendment No. 228:


    Page 91, line 35, column 3, leave out ("11(2)") and insert ("11(3)").

The noble Lord said: In moving Amendment No. 228, I shall speak also to Amendment No. 229. I have a long and complicated speech. I am sure that the Committee will wish to hear the whole of my lengthy explanation. Amendment No. 228 corrects an oversight in paragraph 1 of Schedule 3 and amends Section 58(1) of the Post Office Act 1953--I remember

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it well!--taking account of the amendment previously made to that subsection by Section 11(2) of the Interception of Communications Act 1985. We therefore do not wish to repeal Section 11(2).

Amendment No. 229 would repeal paragraph 8 of Schedule 3 to the Terrorism Act, currently before Parliament as a Bill. This repeal is consequential to Amendment No. 69, which the Government moved during the first sitting of this Committee. I beg to move.

On Question, amendment agreed to.

12.30 a.m.

Lord Bach moved Amendments Nos. 228A to 229:


    Page 91, column 3, leave out line 37 and insert--


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