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| Amendments tabled as of 12.30 pm |
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| Manuscript amendments tabled on 15 July are marked with a  |
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| Data Retention and Investigatory Powers Bill
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| Clause 3, page 4, line 19, at end insert— |
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| | “(5) | In section 25 (interpretation of Chapter 11), subsection (1), after “in accordance |
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| | with subsection (2);”, insert—
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| | ““economic well-being of the United Kingdom” is defined as the security of |
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| | critical national infrastructure, the conduct of defence contracts, the development, |
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| | manufacture and design of UK defence systems, and the stability of the UK |
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| | currency, banking and financial systems.” |
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| Clause 6, page 6, line 41, at end insert “and is subject to a reporting requirement as |
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| set out in subsection (1A). |
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| | (1A) | The Commissioner for the Interception of Communications must report on the |
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| | operation of this Act six months following commencement of this Act, followed |
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| | by subsequent reports every six months.” |
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| Clause 6, page 7, line 1, leave out “5” and insert “(Half-yearly reports by the |
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| Interception of Communications Commissioner)” |
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| Clause 6, page 7, line 2, leave out “2016” and insert “2014” |
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| Clause 6, page 7, line 2, leave out “5” and insert “(Half-yearly reports by the |
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| Interception of Communications Commissioner)” |
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| To move the following Clause— |
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| | “Review of the powers, regulation, proportionality and oversight for |
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| | communications and interception |
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| | (2) | The Secretary of State must arrange— |
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| | (a) | for the operation and future of the powers, regulation, proportionality and |
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| | oversight for data retention, access and interception to be reviewed, and |
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| | (b) | for a report on the outcome of the review to be produced and published. |
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| | (3) | Subsection (1) does not prevent the review from also dealing with other matters |
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| | relating to the Regulation of Investigatory Powers Act 2000, the Intelligence |
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| | Services Act 1994, oversight of the intelligence agencies and data privacy. |
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| | (4) | The arrangements made by the Secrertary of State must provide for the review to |
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| | begin as soon as practicable, be carried out by the Independent Reviewer of |
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| | Terrorism Legislation, and include public consultation. |
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| | (5) | The full terms of reference must be established in consultation with the |
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| | Independent Reviewer of Terrorism Legislation and relevant Select Committees |
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| | of both Houses of Parliament.” |
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| To move the following Clause— |
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| | “Oversight by the Interception of Communications Commissioner |
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| | (1) | The Interception of Communications Commissioner must report on the operation |
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| | of sections 1 to 5 of this Act within six months of this Act coming into force and |
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| | on six-monthly intervals thereafter.” |
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| To move the following Clause— |
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| | “Transparency on data collection |
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| | (1) | Any public authority requesting data requested from a communications service |
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| | provider shall maintain proper records including— |
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| | (a) | the category of offence being investigated; |
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| | (b) | the length of time the data had been retained by the CSP when it was |
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| | (c) | the type of data requested, as per the definitions in section 21 of the |
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| | Regulation of Investigatory Powers Act 2000.” |
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| To move the following Clause— |
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| | “Legal certainty for transparency reporting |
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| | (1) | The Regulation of Investigatory Powers Act 2000 is amended as in subsection |
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| | (2) | In section 54 (Tipping-off), after subsection (5) insert— |
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| | “(5A) | In proceedings against any person for an offence under this section in |
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| | respect of any disclosure, it shall be a defence for that person to show that |
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| | the disclosure was made as part of an aggregated statistical disclosure |
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| | covering a period of time greater than six months.”” |
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| | Member’s explanatory statement
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| | This amendment would provide a defence against the “tipping-off” offence, which has been cited |
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| | as a reason why companies cannot release transparency reports. This amendment would allow |
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| | statistics to be made available at six monthly (or greater) intervals. |
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| To move the following Clause— |
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| | “Effect and justiciability of this Act |
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| | For the avoidance of doubt and notwithstanding sections 2 and 3 of the European |
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| | Communities Act 1972, this Act shall have effect and shall be construed as |
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| | having effect and shall be justiciable by the courts of the United Kingdom.” |
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| To move the following Clause— |
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| | “Half-yearly reports by the Interception of Communications Commissioner |
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| | (3) | Section 58 of the Regulation of Investigatory Powers Act 2000 (reports by the |
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| | Interception of Communications Commissioner) is amended as follows. |
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| | (4) | In subsection (4) (annual reports) after “calendar year” insert “and after the end |
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| | of the period of six months beginning with the end of each calendar year”. |
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| | (5) | In subsection (6) (duty to lay annual reports before Parliament) after “annual |
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| | report” insert “, and every half-yearly report,”. |
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| | (6) | In subsection (6A) (duty to send annual reports to the First Minister) after “annual |
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| | report” insert “, and every half-yearly report,”. |
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| | (7) | In subsection (7) (power to exclude matter from annual reports) after “annual |
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| | report” insert “, or half-yearly report,”.” |
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