House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

535

House of Commons

Tuesday 15 July 2014

Committee of the whole House

Amendments tabled as of 12.30 pm

Manuscript amendments tabled on 15 July are marked with a

Data Retention and Investigatory Powers Bill

Mr George Howarth

Mr Mark Field

Hazel Blears

Fiona Mactaggart

1

Clause  3,  page  4,  line  19,  at end insert—

“(5)
In section 25 (interpretation of Chapter 11), subsection (1), after “in accordance

with subsection (2);”, insert—

““economic well-being of the United Kingdom” is defined as the security of

critical national infrastructure, the conduct of defence contracts, the development,

manufacture and design of UK defence systems, and the stability of the UK

currency, banking and financial systems.”

Edward Miliband

Yvette Cooper

Ms Rosie Winterton

Emily Thornberry

Mr Douglas Alexander

Mr David Hanson

3


Clause  6,  page  6,  line  41,  at end insert “and is subject to a reporting requirement as

set out in subsection (1A).

(1A)
The Commissioner for the Interception of Communications must report on the

operation of this Act six months following commencement of this Act, followed

by subsequent reports every six months.”

Committee of the whole House: 15 July 2014
536

Data Retention and Investigatory Powers Bill, continued

Edward Miliband

Ms Rosie Winterton

Yvette Cooper

Mr David Hanson

Mr Douglas Alexander

Emily Thornberry

4


Clause  6,  page  7,  line  1,  leave out “5” and insert “(Half-yearly reports by the

Interception of Communications Commissioner)”

Mr Tom Watson

Caroline Lucas

John Hemming

Mr Elfyn Llwyd

Mr David Davis

Mr Angus Brendan McNeil

Mr Roger Godsiff

Jim Sheridan

Mr George Mudie

Mr Khalid Mahmood

Mr David Anderson

Teresa Pearce

Jeremy Corbyn

Mrs Linda Riordan

Ian Lavery

Katy Clark

Jonathan Edwards

Hywel Williams

Ian Mearns

Grahame M. Morris

John McDonnell

Ms Diane Abbott

Mr David Winnick

Mr Dennis Skinner

Mr Dai Havard

Naomi Long

Mark Durkan

Chris Williamson

Mr Ronnie Campbell

Sammy Wilson

Yasmin Qureshi

2

Clause  6,  page  7,  line  2,  leave out “2016” and insert “2014”

Edward Miliband

Ms Rosie Winterton

Yvette Cooper

Mr David Hanson

Mr Douglas Alexander

Emily Thornberry

5


Clause  6,  page  7,  line  2,  leave out “5” and insert “(Half-yearly reports by the

Interception of Communications Commissioner)”

Committee of the whole House: 15 July 2014
537

Data Retention and Investigatory Powers Bill, continued

NEW CLAUSES

Edward Miliband

Yvette Cooper

Mr Douglas Alexander

Ms Rosie Winterton

Emily Thornberry

Mr David Hanson

NC1

To move the following Clause—

“Review of the powers, regulation, proportionality and oversight for

communications and interception

(2)
The Secretary of State must arrange—

(a)
for the operation and future of the powers, regulation, proportionality and

oversight for data retention, access and interception to be reviewed, and

(b)
for a report on the outcome of the review to be produced and published.

(3)
Subsection (1) does not prevent the review from also dealing with other matters

relating to the Regulation of Investigatory Powers Act 2000, the Intelligence

Services Act 1994, oversight of the intelligence agencies and data privacy.

(4)
The arrangements made by the Secrertary of State must provide for the review to

begin as soon as practicable, be carried out by the Independent Reviewer of

Terrorism Legislation, and include public consultation.

(5)
The full terms of reference must be established in consultation with the

Independent Reviewer of Terrorism Legislation and relevant Select Committees

of both Houses of Parliament.”

Edward Miliband

Yvette Cooper

Mr Douglas Alexander

Ms Rosie Winterton

Emily Thornberry

Mr David Hanson

NC2

To move the following Clause—

“Oversight by the Interception of Communications Commissioner

(1)
The Interception of Communications Commissioner must report on the operation

of sections 1 to 5 of this Act within six months of this Act coming into force and

on six-monthly intervals thereafter.”

Committee of the whole House: 15 July 2014
538

Data Retention and Investigatory Powers Bill, continued

Dr Julian Huppert

NC3

To move the following Clause—

“Transparency on data collection

(1)
Any public authority requesting data requested from a communications service

provider shall maintain proper records including—

(a)
the category of offence being investigated;

(b)
the length of time the data had been retained by the CSP when it was

requested;

(c)
the type of data requested, as per the definitions in section 21 of the

Regulation of Investigatory Powers Act 2000.”

Dr Julian Huppert

NC4

To move the following Clause—

“Legal certainty for transparency reporting

(1)
The Regulation of Investigatory Powers Act 2000 is amended as in subsection

(2).

(2)
In section 54 (Tipping-off), after subsection (5) insert—

“(5A)
In proceedings against any person for an offence under this section in

respect of any disclosure, it shall be a defence for that person to show that

the disclosure was made as part of an aggregated statistical disclosure

covering a period of time greater than six months.””

Member’s explanatory statement

This amendment would provide a defence against the “tipping-off” offence, which has been cited

as a reason why companies cannot release transparency reports. This amendment would allow

statistics to be made available at six monthly (or greater) intervals.

Committee of the whole House: 15 July 2014
539

Data Retention and Investigatory Powers Bill, continued

Sir William Cash

Bernard Jenkin

Sir Richard Shepherd

Sir Gerald Howarth

Richard Drax

Philip Davies

Mr David Nuttall

Andrew Rosindell

Nigel Mills

Steve Baker

Mr Graham Brady

Mark Reckless

NC5


To move the following Clause—

“Effect and justiciability of this Act

For the avoidance of doubt and notwithstanding sections 2 and 3 of the European

Communities Act 1972, this Act shall have effect and shall be construed as

having effect and shall be justiciable by the courts of the United Kingdom.”

Edward Miliband

Ms Rosie Winterton

Yvette Cooper

Mr David Hanson

Mr Douglas Alexander

Emily Thornberry

NC6


To move the following Clause—

“Half-yearly reports by the Interception of Communications Commissioner

(3)
Section 58 of the Regulation of Investigatory Powers Act 2000 (reports by the

Interception of Communications Commissioner) is amended as follows.

(4)
In subsection (4) (annual reports) after “calendar year” insert “and after the end

of the period of six months beginning with the end of each calendar year”.

(5)
In subsection (6) (duty to lay annual reports before Parliament) after “annual

report” insert “, and every half-yearly report,”.

(6)
In subsection (6A) (duty to send annual reports to the First Minister) after “annual

report” insert “, and every half-yearly report,”.

(7)
In subsection (7) (power to exclude matter from annual reports) after “annual

report” insert “, or half-yearly report,”.”

Committee of the whole House: 15 July 2014
540

Data Retention and Investigatory Powers Bill, continued

Edward Miliband

Ms Rosie Winterton

Yvette Cooper

Mr David Hanson

Mr Douglas Alexander

Emily Thornberry

6


Title,  line  7,  after “Act;” insert “to make provision about additional reports by the

Interception of Communications Commissioner;”



© Parliamentary copyright	Revised 15 July 2014