Session 2016-17
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Other Bills before Parliament


 
 

Report Stage Proceedings: 6 June 2016                  

15

 

Investigatory Powers Bill, continued

 
 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Mr Alistair Carmichael

 

Not called  481

 

Clause  199,  page  154,  line  38,   leave out subsections (3) and (4) and insert—

 

“(3)    

In any circumstances where the Commission has identified a relevant error

 

pursuant to section 198, the Commission must give such documents, information

 

or other material as may be relevant to the investigation of the error to the

 

Tribunal.

 

(4)    

The duty in subsection (3) shall be exercised without request from the Tribunal.”

 


 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Negatived on division  482

 

Clause  203,  page  159,  line  2,   at end insert—

 

“(1A)    

A disclosure pursuant to subsection (1) will not constitute a criminal offence for

 

any purposes in this Act or in any other enactment.

 

(1B)    

In subsection (1), a disclosure for the purposes of any function of the

 

Commissioner may be made at the initiative of the person making the disclosure

 

and without need for request by the Investigatory Powers Commissioner.”

 


 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Mr Alistair Carmichael

 

Not called  483

 

Clause  208,  page  160,  line  29,   after “determination” insert “or ruling or decision,

 

including relating to a procedural matter”


 
 

Report Stage Proceedings: 6 June 2016                  

16

 

Investigatory Powers Bill, continued

 
 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Mr Alistair Carmichael

 

Not called  484

 

Clause  208,  page  160,  line  29,   leave out from “Tribunal” to the end of line 30

 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Mr Alistair Carmichael

 

Not called  485

 

Clause  208,  page  161,  line  8,   leave out subsection (6)

 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Mr Alistair Carmichael

 

Not called  486

 

Clause  208,  page  162,  line  38,   at end insert—

 

“(6)    

After section 68(1) of the Regulation of Investigatory Powers Act 2000, insert—

 

“(1A)    

Any hearing conducted by the Tribunal must be conducted in public,

 

except where a special proceeding is justified in the public interest.

 

(1B)    

Any determination by the Tribunal must be made public, except where a

 

special proceeding may be justified in the public interest.

 

(1C)    

A special proceeding will be in the public interest only where there is no

 

alternative means to protect sensitive material from disclosure.

 

(1D)    

Material will be sensitive material for the purposes of this Section if its

 

disclosure would seriously prejudice (a) national security or (b) the

 

prevention and detection of crime.

 

(1E)    

Publication for the purposes of this Section will be seriously prejudicial

 

if it would lead to a significant threat to life or of a serious physical injury

 

to a person.

 

(1F)    

The Tribunal shall appoint a person to represent the interests of a party in

 

any special proceedings from which the party (and any legal

 

representative of the party) is excluded.

 

(1G)    

Such a person will be known as a Special Advocate.”


 
 

Report Stage Proceedings: 6 June 2016                  

17

 

Investigatory Powers Bill, continued

 
 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Not called  487

 

Clause  208,  page  162,  line  38,  at end insert—

 

“(6)    

After Section 4(5)(f) of the Human Rights Act 1998 insert—

 

“(g)    

the Investigatory Powers Tribunal.””

 


 

New Clauses and new Schedules relating to, and amendments to, Part 2;

 

new Clauses and new Schedules relating to, and amendments to, Part 5;

 

new Clauses and new Schedules relating to, and amendments to,

 

Chapter 1 of Part 9

 

Secretary Theresa May

 

Agreed to  NC7

 

To move the following Clause—

 

         

“Persons who may make modifications

 

(1)    

A major modification may be made by—

 

(a)    

the Secretary of State, in the case of a warrant issued by the Secretary of

 

State,

 

(b)    

a member of the Scottish Government, in the case of a warrant issued by

 

the Scottish Ministers, or

 

(c)    

a senior official acting on behalf of the Secretary of State or (as the case

 

may be) the Scottish Ministers.

 

(2)    

A minor modification may be made by—

 

(a)    

the Secretary of State, in the case of a warrant issued by the Secretary of

 

State,

 

(b)    

a member of the Scottish Government, in the case of a warrant issued by

 

the Scottish Ministers,

 

(c)    

a senior official acting on behalf of the Secretary of State or (as the case

 

may be) the Scottish Ministers,

 

(d)    

the person to whom the warrant is addressed, or

 

(e)    

a person who holds a senior position in the same public authority as the

 

person mentioned in paragraph (d).

 

(3)    

But if a person within subsection (2)(d) or (e) considers that there is an urgent

 

need to make a major modification, that person (as well as a person within

 

subsection (1)) may do so.

 

    

Section 31 contains provision about the approval of major modifications made in

 

urgent cases.

 

(4)    

Subsections (1) and (3) are subject to section (Further provision about

 

modifications)(5) and (6) (special rules where section 24 or 25 applies in relation

 

to the making of a major modification).

 

(5)    

For the purposes of subsection (2)(e) a person holds a senior position in a public

 

authority if—


 
 

Report Stage Proceedings: 6 June 2016                  

18

 

Investigatory Powers Bill, continued

 
 

(a)    

in the case of any of the intelligence services—

 

(i)    

the person is a member of the Senior Civil Service or a member

 

of the Senior Management Structure of Her Majesty’s

 

Diplomatic Service, or

 

(ii)    

the person holds a position in the intelligence service of

 

equivalent seniority to such a person;

 

(b)    

in the case of the National Crime Agency, the person is a National Crime

 

Agency officer of grade 2 or above;

 

(c)    

in the case of the metropolitan police force, the Police Service of

 

Northern Ireland or the Police Service of Scotland, a person is of or above

 

the rank of superintendent;

 

(d)    

in the case of Her Majesty’s Revenue and Customs, the person is a

 

member of the Senior Civil Service;

 

(e)    

in the case of the Ministry of Defence—

 

(i)    

the person is a member of the Senior Civil Service, or

 

(ii)    

the person is of or above the rank of brigadier, commodore or air

 

commodore.

 

(6)    

In this section “senior official” means—

 

(a)    

in the case of a warrant issued by the Secretary of State, a member of the

 

Senior Civil Service or a member of the Senior Management Structure of

 

Her Majesty’s Diplomatic Service;

 

(b)    

in the case of a warrant issued by the Scottish Ministers, a member of the

 

staff of the Scottish Administration who is a member of the Senior Civil

 

Service.”

 


 

Secretary Theresa May

 

Agreed to  NC8

 

To move the following Clause—

 

         

“Further provision about modifications

 

(1)    

A person may make a modification within subsection (2) only if the person

 

considers—

 

(a)    

that the modification is necessary on any relevant grounds (see

 

subsection (3)), and

 

(b)    

that the conduct authorised by the modification is proportionate to what

 

is sought to be achieved by that conduct.

 

(2)    

The modifications within this subsection are—

 

(a)    

a major modification adding the name or description of a person,

 

organisation or set of premises to which the warrant relates, and

 

(b)    

a minor modification adding any factor specified in the warrant in

 

accordance with section 27(8).

 

(3)    

In subsection (1)(a) “relevant grounds” means—

 

(a)    

in the case of a warrant issued by the Secretary of State, grounds falling

 

within section 18;

 

(b)    

in the case of a warrant issued by the Scottish Ministers, grounds falling

 

within section 19(4);


 
 

Report Stage Proceedings: 6 June 2016                  

19

 

Investigatory Powers Bill, continued

 
 

    

and for the purposes of subsection (1) any reference to the Secretary of State in

 

section 18(3)(b) or the Scottish Ministers in section 19(4)(b) is to be read as a

 

reference to the person making the modification.

 

(4)    

Sections 24 (Members of Parliament etc.) and 25 (items subject to legal privilege)

 

apply in relation to the making of a major modification within subsection (2)(a)

 

above as they apply in relation to the issuing of a warrant.

 

(5)    

Where section 24 applies in relation to the making of a major modification—

 

(a)    

the modification must be made by the Secretary of State, and

 

(b)    

the modification has effect only if the decision to make the modification

 

has been approved by a Judicial Commissioner.

 

(6)    

Where section 25 applies in relation to the making of a major modification—

 

(a)    

the modification must be made by—

 

(i)    

the Secretary of State or (in the case of a warrant issued by the

 

Scottish Ministers) a member of the Scottish Government, or

 

(ii)    

if a senior official acting on behalf of a person within sub-

 

paragraph (i) considers that there is an urgent need to make the

 

modification, that senior official, and

 

(b)    

except where the person making the modification considers that there is

 

an urgent need to make it, the modification has effect only if the decision

 

to make the modification has been approved by a Judicial Commissioner.

 

(7)    

In a case where section 24 or 25 applies in relation to the making of a major

 

modification, section 21 (approval of warrants by Judicial Commissioners)

 

applies in relation to the decision to make the modification as it applies in relation

 

to a decision to issue a warrant, but as if—

 

(a)    

the references in subsection (1)(a) and (b) of that section to the warrant

 

were references to the warrant as modified,

 

(b)    

any reference to the person who decided to issue the warrant were a

 

reference to the person who decided to make the modification, and

 

(c)    

“relevant grounds” in that section had the meaning given by subsection

 

(3) above.

 

    

Section 31 contains provision about the approval of major modifications made in

 

urgent cases.

 

(8)    

If, in a case where section 24 or 25 applies in relation to the making of a major

 

modification, it is not reasonably practicable for the instrument making the

 

modification to be signed by the Secretary of State or (as the case may be) a

 

member of the Scottish Government in accordance with section 30(3), the

 

instrument may be signed by a senior official designated by the Secretary of State

 

or (as the case may be) the Scottish Ministers for that purpose.

 

(9)    

In such a case, the instrument making the modification must contain a statement

 

that—

 

(a)    

it is not reasonably practicable for the instrument to be signed by the

 

person who took the decision to make the modification, and

 

(b)    

the Secretary of State or (as the case may be) a member of the Scottish

 

Government has personally and expressly authorised the making of the

 

modification.

 

(10)    

If at any time a person mentioned in section (Persons who may make

 

modifications)(2) considers that any factor specified in a warrant in accordance

 

with section 27(8) is no longer relevant for identifying communications which, in

 

the case of that warrant, are likely to be, or to include, communications falling

 

within section 27(9)(a) or (b), the person must modify the warrant by removing

 

that factor.


 
 

Report Stage Proceedings: 6 June 2016                  

20

 

Investigatory Powers Bill, continued

 
 

(11)    

In this section “senior official” has the same meaning as in section (Persons who

 

may make modifications).”

 


 

Secretary Theresa May

 

Agreed to  NC9

 

To move the following Clause—

 

         

“Notification of major modifications

 

(1)    

As soon as is reasonably practicable after a person makes a major modification of

 

a warrant under this Chapter, a Judicial Commissioner must be notified of the

 

modification and the reasons for making it.

 

(2)    

But subsection (1) does not apply where—

 

(a)    

the modification is made by virtue of section (Persons who may make

 

modifications)(3), or

 

(b)    

section 24 or 25 applies in relation to the making of the modification.

 

(3)    

Where a major modification is made by a senior official in accordance with

 

section (Persons who may make modifications)(1) or section (Further provision

 

about modifications)(6)(a)(ii), the Secretary of State or (in the case of a warrant

 

issued by the Scottish Ministers) a member of the Scottish Government must be

 

notified personally of the modification and the reasons for making it.

 

(4)    

In this section “senior official” has the same meaning as in section (Persons who

 

may make modifications).”

 


 

Mr Alistair Carmichael

 

Not called  NC20

 

To move the following Clause—

 

         

“Power of Secretary of State to certify warrants

 

(1)    

The Secretary of State may certify an application for a warrant in those cases

 

where the Secretary of State has reasonable grounds to believe that an application

 

is necessary pursuant to section 18(2)(a) (national security) and involves—

 

(a)    

the defence of the United Kingdom by Armed Forces; or

 

(b)    

the foreign policy of the United Kingdom.

 

(2)    

A warrant may be certified by the Secretary of State if—

 

(a)    

the Secretary of State considers that the warrant is necessary on grounds

 

falling within section 18; and

 

(b)    

the Secretary of State considers that the conduct authorised by the

 

warrant is proportionate to what is sought to be achieved by that conduct.

 

(3)    

Any warrant certified by the Secretary of State subject to subsection (1) is subject

 

to approval by a Judicial Commissioner.

 

(4)    

In deciding to approve a warrant pursuant to this section, the Judicial

 

Commissioner must determine whether—

 

(a)    

the warrant is capable of certification by the Secretary of State subject to

 

subsection (1);


 
 

Report Stage Proceedings: 6 June 2016                  

21

 

Investigatory Powers Bill, continued

 
 

(b)    

the warrant is necessary on relevant grounds subject to section 18(2)(a)

 

and subsection (1)(a) or (b); and

 

(c)    

the conduct authorised by the warrant is proportionate to what is sought

 

to be achieved by that conduct.

 

(5)    

Where a Judicial Commissioner refuses to approve the person’s decision to

 

approve a warrant under this section, the Judicial Commissioner must produce

 

written reasons for the refusal.

 

(6)    

Where a Judicial Commissioner, other than the Investigatory Powers

 

Commissioner, approves or refuses to approve a warrant under this Section, the

 

person, or any Special Advocate appointed, may ask the Investigatory Powers

 

Commissioner to decide whether to approve the decision to issue the warrant.”

 

 


 

Joanna Cherry

 

Gavin Newlands

 

Stuart C. McDonald

 

Anne McLaughlin

 

Richard Arkless

 

Angela Crawley

 

Margaret Ferrier

 

Mr Alistair Carmichael

 

Negatived on division  267

 

Clause  15,  page  12,  line  3,  leave out “or organisation”

 

Mr Dominic Grieve

 

Sir Alan Duncan

 

Mr George Howarth

 

Fiona Mactaggart

 

Angus Robertson

 

Mr Keith Simpson

 

Ms Gisela Stuart

 

Not called  25

 

Clause  15,  page  12,  line  7,  leave out “or” and insert “and”

 

Ms Harriet Harman

 

Fiona Bruce

 

Ms Karen Buck

 

Jeremy Lefroy

 

Amanda Solloway

 

Mark Pritchard

 

Joanna Cherry

 

Gavin Newlands

 

Not called  131

 

Clause  15,  page  12,  line  8,  after “activity” insert “where each person is named or

 

otherwise identified”


 
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Revised 28 June 2016