House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1531

House of Commons

Notices of Amendments

given on

Tuesday 10 February 2015

For other Amendment(s) see the following page(s) of Supplement to Votes:

1479-80 and 1523-24

Consideration of Bill

Serious Crime Bill [Lords], As Amended

Dr Julian Huppert

Mr Dominic Raab

Mr John Leech

John McDonnell

Mr David Davis

Mr Tom Watson

Caroline Lucas

Keith Vaz

NC4

To move the following Clause—


“Investigation of crime: journalistic and privileged material

(1)
After section 22(5B) of the Regulation of Investigatory Powers Act 2000

(obtaining and disclosing communications data) insert—

“(5C)
An authorisation granted or notice given under subsection (3), (3B) or (4)

for the purpose of preventing or detecting crime may not authorise or

require any activity which is likely to result in journalistic source

information or privileged information being obtained or disclosed, unless

a judge has permitted the grant of the authorisation or the giving of the

notice in accordance with section 22A.

(5D)
For the purposes of this section “journalistic source information” means

information which identifies, or might reasonably be expected to lead to

the identification of, the source of confidential journalistic material,

within the meaning given by section 100 of the Police Act 1997.

(5E)
For the purposes of this section “privileged information” means—

(a)
information amounting to or contained in matters subject to legal

privilege within the meaning given by section 98 of the Police

Act 1997; and

(b)
confidential personal information, within the meaning given by

section 99 of that Act, acquired or created in the course of, or

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1532

, continued

otherwise obtained in connection with, a person‘s acting as a

minister of religion, as a healthcare professional or as a Member

of the House of Commons.”

(2)
After section 22 of the Regulation of Investigatory Powers Act 2000 insert—

“22A
Judicial protection of journalistic and privileged material

(1)
This section applies where—

(a)
a person wishes to grant an authorisation or give a notice under

section 22(3), (3B) or (4) for the purpose of preventing or

detecting crime; and

(b)
the authorisation or notice is likely to result in journalistic source

information or privileged information (as defined in section

22(5D) and (5E)) being obtained or disclosed.

(2)
The person may apply to a Circuit Judge for permission to grant the

authorisation or to give the notice.

(3)
The application must—

(a)
be in writing;

(b)
set out the grounds on which it is made;

(c)
be made on notice to any person to whom the authorisation or

notice would be granted or given or who might reasonably be

expected to be required to comply with it, unless the applicant

certifies that there is reason to believe that giving notice under

this paragraph might seriously prejudice a criminal

investigation; and

(d)
comply with any other provision, including as to timing, made by

rules of court.

(4)
A judge may give permission under this section only if satisfied that—

(a)
the grant of the authorisation or the giving of the notice is

necessary for the purposes of the prevention or detection of

serious crime;

(b)
obtaining the data in question by the conduct authorised or

required by the authorisation or notice is proportionate to what is

sought to be achieved by so obtaining the data; and

(c)
it is right to give permission, having regard to the importance of

the public interest in—

(i)
protecting the confidentiality of journalists’ sources;

(ii)
maintaining legal professional privilege; or

(iii)
protecting the confidentiality of personal information in

the circumstances specified in section 22(5E)(b).

(5)
It is an offence for a person who is given notice of an application under

this section to conceal, destroy, alter or dispose of the material to which

the application relates except with the permission of a Circuit Judge; and

(a)
this subsection ceases to apply if the application is dismissed or

withdrawn or if an authorisation or notice granted or given in

reliance on this section has been complied with; and

(b)
a person who is guilty of an offence under this subsection is

liable—

(i)
on conviction on indictment, to imprisonment for a term

not exceeding two years, to a fine or both; or

Notices of Amendments:
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, continued

(ii)
on summary conviction, to a fine not exceeding the

statutory maximum.””

Member’s explanatory statement

This Clause would provide for judicial oversight for police and other authorities’ access to

communications data which might involve the identification of journalist sources, as

recommended by the Interception of Communications Commissioner. It provides the same level of

protection for legally privileged and medically privileged communications and for

communications between people and their ministers of religion or their MP.

Dr Julian Huppert

Mr Dominic Raab

Mr John Leech

John McDonnell

Mr David Davis

Mr Tom Watson

Caroline Lucas

Keith Vaz

NC5

To move the following Clause—


“Code of practice on investigatory powers: journalistic and privileged

material

(1)
The Secretary of State must ensure that any code of practice under section 71 of

the Regulation of Investigatory Powers Act 2000 that deals (expressly or

otherwise) with the use of powers under that Act in relation to the prevention or

detection of serious crime, includes provisions designed to protect the public

interest in—

(a)
the confidentiality of journalists’ sources;

(b)
legal professional privilege; and

(c)
the confidentiality of personal information obtained in connection with a

person’s acting as a minister of religion, as a healthcare professional or

as a Member of the House of Commons.

(2)
In complying with subsection (1) the Secretary of State must—

(a)
consult the Interception of Communications Commissioner appointed

under section 57(1) of that Act; and

(b)
have regard to any relevant report of an inquiry submitted by that

Commissioner to the Prime Minister.”

Member’s explanatory statement

This new Clause provides that the RIPA Code of Practice includes provisions which protect the

public interest in the confidentiality of journalists’ sources and the other privileged

communications.



© Parliamentary copyright	Revised 11 February 2015