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| | Data Retention and Investigatory Powers Bill
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| | | Clauses 1 and 2 Agreed to. |
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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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| | | Clauses 4 and 5 Agreed to. |
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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 1, after “5” insert “and (Review of investigatory powers and |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on NC7 |
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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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| | Clause 6, page 7, line 2, leave out “2016” and insert “2014” |
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| | | Clause, as amended, Agreed to. |
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| | | To move the following Clause— |
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| | | “Review of investigatory powers and their regulation |
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| | | (1) | The Secretary of State must appoint the independent reviewer of terrorism |
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| | | legislation to review the operation and regulation of investigatory powers. |
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| | | (2) | The independent reviewer must, in particular, consider— |
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| | | (a) | current and future threats to the United Kingdom, |
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| | | (b) | the capabilities needed to combat those threats, |
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| | | (c) | safeguards to protect privacy, |
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| | | (d) | the challenges of changing technologies, |
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| | | (e) | issues relating to transparency and oversight, |
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| | | (f) | the effectiveness of existing legislation (including its proportionality) |
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| | | and the case for new or amending legislation. |
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| | | (3) | The independent reviewer must, so far as reasonably practicable, complete the |
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| | | review before 1 May 2015. |
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| | | (4) | The independent reviewer must send to the Prime Minister a report on the |
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| | | outcome of the review as soon as reasonably practicable after completing the |
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| | | (5) | On receiving a report under subsection (4), the Prime Minister must lay a copy of |
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| | | it before Parliament together with a statement as to whether any matter has been |
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| | | excluded from that copy under subsection (6). |
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| | | (6) | If it appears to the Prime Minister that the publication of any matter in a report |
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| | | under subsection (4) would be contrary to the public interest or prejudicial to |
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| | | national security, the Prime Minister may exclude the matter from the copy of the |
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| | | report laid before Parliament. |
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| | | (7) | The Secretary of State may pay to the independent reviewer— |
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| | | (a) | expenses incurred in carrying out the functions of the independent |
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| | | reviewer under this section, and |
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| | | (b) | such allowances as the Secretary of State determines. |
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| | | (8) | In this section “the independent reviewer of terrorism legislation” means the |
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| | | person appointed under section 36(1) of the Terrorism Act 2006 (and |
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| | | “independent reviewer” is to be read accordingly).” |
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| | | Member’s explanatory statement
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| | | This clause sets up a review of the operation and regulation of investigatory powers, to be carried |
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| | | out by the independent reviewer of terrorism. |
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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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| | | (1) | 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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| | | (2) | 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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| | | (3) | 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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| | | (4) | 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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| | | Negatived on division NC5 |
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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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| | | (1) | 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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| | | (2) | 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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| | | (3) | 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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| | | (4) | 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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| | | (5) | 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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| | | Title, line 7, after “Act;” insert “to make provision about additional reports by the |
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| | Interception of Communications Commissioner;” |
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| | | Title, line 7, after “Act;” insert “to make provision about a review of the operation and |
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| | regulation of investigatory powers;” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on NC7 |
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