House of Lords Amendments - Regulation of Investigatory Powers Bill

Regulation of Investigatory Powers Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	Clause 14
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
58	Page 15, line 32, after ("necessary") insert ("to keep confidential all the information in the intercepted material and any communications data and in particular")
59	Page 15, line 39, after ("if") insert (", and only if,")
	BY THE LORD LUCAS
60	Page 16, line 2, at end insert ("and no use is made of such material and data otherwise than for the authorised purposes")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
61	Page 16, line 4, after ("if") insert (", and only if,")
62	Page 16, line 15, after ("Chapter") insert ("or Chapter II")
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
63*	Page 17, line 9, at end insert-- ("( ) The Secretary of State shall as soon as possible after the interception notify the person or persons whose communications were intercepted of the dates and duration of that interception unless the Secretary of State is satisfied that it is in the public interest not to do so; and the Secretary of State shall have a duty to review regularly any decision of his not to so notify, and to notify as soon as it is no longer in the public interest not to do so.")
	Clause 15
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
64	Page 17, line 21, leave out ("is referable to") and insert ("can be associated with")
65	Page 17, line 26, leave out subsection (3)
66	Page 17, line 31, leave out ("referable to") and insert ("associated with")
67	Page 17, line 35, leave out subsections (4) and (5)
	Clause 17
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
68*	Page 19, line 2, at end insert-- ("( ) any proceedings for a criminal offence subject to the provisions of the Criminal Procedure and Investigations Act 1996;")
	BY THE LORD BASSAM OF BRIGHTON
69	Page 19, line 8, at end insert ("or any proceedings arising out of proceedings before that Commission; or (f) any proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission. ( ) Subsection (1) shall not, by virtue of paragraph (e) or (f), authorise the disclosure of anything-- (a) in the case of any proceedings falling within paragraph (e), to-- (i) the appellant to the Special Immigration Appeals Commission; or
	(ii) any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under section 6 of the Special Immigration Appeals Commission Act 1997) represents that appellant;
	or
	(b) in the case of proceedings falling within paragraph (f), to-- (i) the applicant to the Proscribed Organisations Appeal Commission; (ii) the organisation concerned (if different); (iii) any person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct proceedings so falling on behalf of that organisation; or (iv) any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents that applicant or that organisation.")	1997 c. 68.
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
70*	Page 19, line 22, leave out subsections (5) to (9)
	Clause 18
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
71*	Page 21, line 15, leave out ("another") and insert ("any person")
72*	Page 21, line 16, after ("section") insert ("from that person")
73*	Page 21, line 33, at end insert-- ("(6A) It shall be a defence for a person charged with an offence under this section to prove that the disclosure or retention of the information or article was in the public interest in that he had reasonable cause to believe that it indicated the existence of crime, fraud, abuse of authority, neglect in the performance of official duty or other misconduct. (6B) It shall be a defence for a person charged with an offence under this section to prove that the disclosure of the information or other article for which he has been charged was in the public interest, having regard both to any damage actually caused by the disclosure and any benefit to the public interest from it; or that he had reasonable cause to believe at the time of the disclosure that it was so in the public interest. (6C) In the case of a person falling within subsection (2) above, subsections (6A) or (6B) shall only apply if he has taken reasonable steps to comply with any established procedures for drawing such misconduct to the attention of the appropriate authorities without effect.")
	Clause 20
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
74*	Page 22, line 38, leave out subsections (2) and (3)
75*	Page 22, line 40, after second ("is") insert ("expressly")
	BY THE LORD LUCAS
76	Page 23, line 8, leave out subsection (4)
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
77	Page 23, line 8, leave out ("Chapter") and insert ("Part")
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
78*	Page 23, line 10, leave out ("for the purposes") and insert ("which is necessary or appropriate for the proper functioning of that part")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
79	Page 23, line 13, leave out ("includes none") and insert ("neither includes nor indicates any")
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
80*	Page 23, line 19, at end insert-- ("which is held or obtained during the normal operation of that postal service, telecommunications service or telecommunication system")
	BY THE LORD LUCAS
81	Page 23, line 20, leave out paragraph (c)
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
82*	Page 23, line 21, after ("service") insert ("and which serves to identify those persons")
	BY THE LORD BASSAM OF BRIGHTON
83	Page 23, line 22, at end insert-- ("( ) In subsection (4)(a) the reference to data comprised in or attached to a communication for the purposes of a telecommunication system by means of which it is being or may be transmitted includes a reference to any communication or part of a communication consisting of signals for the actuation of apparatus comprised in a telecommunication system by which they will be or may be received.")
	BY THE LORD LUCAS
	The Lord Lucas gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.
	Clause 21
	BY THE LORD COPE OF BERKELEY
84	Page 23, line 32, leave out ("designated for the purposes of this Chapter") and insert ("specified in section 6(2)")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
85*	Page 23, line 40, leave out paragraph (c)
86*	Page 23, line 43, leave out from ("levy") to end of line 45
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
87	Page 24, line 4, leave out from ("health") to end of line 7
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
88*	Page 24, line 8, leave out subsection (3)
	BY THE LORD COPE OF BERKELEY
89	Page 24, line 20, at end insert-- ("(4A) Where it appears to the designated person that a postal or telecommunications operator is not or may not be in possession of, but is or may be capable of obtaining, any communications data, the designated person shall not give a notice under subsection (4) unless he has obtained a certificate of technical capability from the Technical Approvals Board.")
90	Page 24, line 20, at end insert-- ("(4B) In this section "a certificate of technical capability" means a certificate in writing given by the Technical Approvals Board to the effect that the postal or telecommunications operator-- (a) is technically capable of obtaining the communications data, or (b) could be technically capable of obtaining the communications data if certain steps were taken, and the certificate-- (i) specifies or describes such steps; and (ii) certifies that the taking of such steps would be proportionate to what is sought to be achieved by so obtaining the data.")
	BY THE LORD BASSAM OF BRIGHTON
91	Page 24, line 35, at end insert-- ("(9) The Secretary of State shall not make an order under subsection (2)(h) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
	BY THE LORD LUCAS
	The Lord Lucas gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill.
	Clause 22
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
92*	Page 24, line 37, leave out from first ("writing") to end of line 38
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
93*	Page 24, line 37, leave out ("not in writing)") and insert ("given by electronic means)")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
94*	Page 25, line 3, leave out from first ("writing") to end of line 4
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
95*	Page 25, line 3, leave out ("not in writing)") and insert ("given by electronic means)")
	BY THE LORD LUCAS
96	Page 25, line 19, at beginning insert ("and such persons may not, without authorisation under this or another enactment, disclose such data to any other person;")
97	Page 25, line 30, at end insert-- ("( ) A notice under section 21(4) which is other than a notice in respect of communications by, to or concerning a named individual shall be authorised by a Surveillance Commissioner, who shall not issue such a notice unless he is satisfied that to do so is in all the circumstances necessary and proportionate.")
	The Lord Lucas gives notice of his intention to oppose the Question that Clause 22 stand part of the Bill.
	Clause 23
	BY THE LORD LUCAS
	The Lord Lucas gives notice of his intention to oppose the Question that Clause 23 stand part of the Bill.
	Clause 24
	BY THE LORD BASSAM OF BRIGHTON
98	Page 26, line 29, leave out ("and their department")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
99*	Page 27, line 3, at end insert-- ("(5) The Secretary of State shall not make an order under paragraph (f) of the definition of "relevant public authority" in subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House,")
	BY THE LORD LUCAS
	The Lord Lucas gives notice of his intention to oppose the Question that Clause 24 stand part of the Bill.
	Clause 25
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
100*	Page 27, line 11, leave out ("but not intrusive")
101*	Page 27, line 13, at end insert-- ("( ) in relation to a person or persons in a place or location where there is no reasonable expectation of privacy;")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
102*	Page 27, line 15, leave out from ("person") to ("; and") in line 16
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
103*	Page 27, line 22, leave out from ("that") to end of line 27 and insert ("interferes with any person's privacy in circumstances where that person has a reasonable expectation of privacy")
104*	Page 27, line 24, leave out ("residential premises") and insert ("premises or location where there is a reasonable expectation of privacy")
	BY THE LORD LUCAS
105	Page 27, line 24, after ("vehicle") insert ("owned or occupied by anyone subject to surveillance")
106	Page 27, line 25, leave out paragraph (b)
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
107*	Page 27, line 27, at end insert-- ("( ) Surveillance may be intrusive for the purposes of this Part irrespective of whether permission is obtained from a person able to give permission in respect of relevant premises to the conduct taking place on or in relation to those premises.")
108*	Page 27, line 33, leave out paragraph (b)
	BY THE LORD LUCAS
109	Page 27, line 35, leave out subsection (5)
	BY THE LORD BASSAM OF BRIGHTON
110	Page 27, line 43, at end insert-- ("(5A) For the purposes of this Part surveillance which--
	(a) is carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of section 1 of the Wireless Telegraphy Act 1949), and (b) is carried out from outside those premises exclusively for that purpose, is neither directed nor intrusive.")	1949 c. 54.
	BY THE LORD McNALLY THE BARONESS HARRIS OF RICHMOND THE LORD PHILLIPS OF SUDBURY
111*	Page 28, line 14, leave out ("(b) or (c)") and insert ("(b), (c) or (d)")
112*	Page 28, line 19, at end insert ("; or (d) whilst doing anything falling within paragraphs (b) and (c) above, he engages in a course of action which, without authority, could have led to his arrest and prosecution")



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