Session 2014 - 15
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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


 
 

Notices of Amendments:                               

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:                               

1533

 

, 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.

 


 
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