Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 26 May 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 8 to 207 and NC2 to NC18

 

Consideration of Bill (Report Stage)


 

Investigatory Powers Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Investigatory Powers Bill Programme (No. 2) Motion to be

 

proposed by Secretary Theresa May.

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 1;

 

NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 8

 

Secretary Theresa May

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

         

“General duties in relation to privacy

 

(1)    

Subsection (2) applies where a public authority is deciding whether—

 

(a)    

to issue, renew or cancel a warrant under Part 2, 5, 6 or 7,

 

(b)    

to modify such a warrant,

 

(c)    

to approve a decision to issue, renew or modify such a warrant,

 

(d)    

to grant, approve or cancel an authorisation under Part 3,

 

(e)    

to give a notice in pursuance of such an authorisation or under Part 4 or

 

section 216, 217 or 220,

 

(f)    

to vary or revoke such a notice,


 
 

Notices of Amendments: 26 May 2016                     

2

 

Investigatory Powers Bill, continued

 
 

(g)    

to approve a decision to give a notice under section 216 or 217, or

 

(h)    

to apply for or otherwise seek any issue, grant, giving, modification,

 

variation or renewal of a kind falling within paragraph (a), (b), (d), (e) or

 

(f).

 

(2)    

The public authority must have regard to—

 

(a)    

whether what is sought to be achieved by the warrant, authorisation or

 

notice could reasonably be achieved by other less intrusive means,

 

(b)    

the public interest in the integrity and security of telecommunication

 

systems and postal services, and

 

(c)    

any other aspects of the public interest in the protection of privacy.

 

(3)    

The duties under subsection (2)—

 

(a)    

apply so far as they are relevant in the particular context, and

 

(b)    

are subject to the need to have regard to other considerations that are also

 

relevant in that context.

 

(4)    

The other considerations may, in particular, include—

 

(a)    

the interests of national security or of the economic well-being of the

 

United Kingdom,

 

(b)    

the public interest in preventing or detecting serious crime,

 

(c)    

other considerations which are relevant to—

 

(i)    

whether the conduct authorised or required by the warrant,

 

authorisation or notice is proportionate, or

 

(ii)    

whether it is necessary to act for a purpose provided for by this

 

Act,

 

(d)    

the requirements of the Human Rights Act 1998, and

 

(e)    

other requirements of public law.

 

(5)    

In this section “public authority” includes the relevant judicial authority (within

 

the meaning of section 66) where the relevant judicial authority is deciding

 

whether to approve under that section an authorisation under Part 3.”

 

Member’s explanatory statement

 

This new clause imposes certain duties in relation to privacy.

 


 

Secretary Theresa May

 

NC6

 

Parliamentary Star    

To move the following Clause—

 

         

“Civil liability for certain unlawful interceptions

 

(1)    

An interception of a communication is actionable at the suit or instance of—

 

(a)    

the sender of the communication, or

 

(b)    

the recipient, or intended recipient, of the communication,

 

    

if conditions A to D are met.

 

(2)    

Condition A is that the interception is carried out in the United Kingdom.

 

(3)    

Condition B is that the communication is intercepted—

 

(a)    

in the course of its transmission by means of a private telecommunication

 

system, or

 

(b)    

in the course of its transmission, by means of a public telecommunication

 

system, to or from apparatus that is part of a private telecommunication

 

system.


 
 

Notices of Amendments: 26 May 2016                     

3

 

Investigatory Powers Bill, continued

 
 

(4)    

Condition C is that the interception is carried out by, or with the express or

 

implied consent of, a person who has the right to control the operation or use of

 

the private telecommunication system.

 

(5)    

Condition D is that the interception is carried out without lawful authority.

 

(6)    

For the meaning of “interception” and other key expressions used in this section,

 

see sections 3 to 5.”

 

Member’s explanatory statement

 

This amendment replicates the effect of section 1(3) of the Regulation of Investigatory Powers Act

 

2000. It provides for civil liability in certain cases where there has been unlawful interception of

 

communications transmitted by means of private telecommunication systems, or to or from

 

apparatus forming part of such a system.

 


 

Mr Dominic Grieve

 

Sir Alan Duncan

 

Mr George Howarth

 

Fiona Mactaggart

 

Angus Robertson

 

Mr Keith Simpson

 

Ms Gisela Stuart

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Offence of unlawful use of investigatory powers

 

(1)    

A relevant person is guilty of an offence if—

 

(a)    

by way of conduct described in this Act, he knowingly or recklessly

 

obtains the communications, communications data, secondary data,

 

equipment data or personal information of an individual, and

 

(b)    

the person does not have lawful authority to make use of the investigatory

 

power concerned.

 

(2)    

Subsection (1) does not apply to a relevant person who shows that the person

 

acted in the reasonable belief that the person had lawful authority to obtain the

 

information referred to in subsection (1)(a).

 

(3)    

In this section “relevant person” means a person who holds an office, rank or

 

position with a relevant public authority (within the meaning of Part 3).

 

(4)    

A person guilty of an offence under this section is liable—

 

(a)    

on summary conviction in England and Wales—

 

(i)    

to imprisonment for a term not exceeding 12 months (or 6

 

months, if the offence was committed before the commencement

 

of section 154(1) of the Criminal Justice Act 2003), or

 

(ii)    

to a fine, or to both;

 

(b)    

on summary conviction in Scotland—

 

(i)    

to imprisonment for a term not exceeding 12 months, or

 

(ii)    

to a fine not exceeding the statutory maximum, or to both;

 

(c)    

on summary conviction in Northern Ireland—

 

(i)    

to imprisonment for a term not exceeding 6 months, or

 

(ii)    

to a fine not exceeding the statutory maximum, or to both;

 

(d)    

on conviction on indictment, to imprisonment for a term not exceeding 2

 

years or to a fine, or to both.


 
 

Notices of Amendments: 26 May 2016                     

4

 

Investigatory Powers Bill, continued

 
 

(5)    

The offence in this section shall have precedence over any other relevant offences

 

in the Data Protection Act 1998, Wireless Telegraphy Act 2006, Computer

 

Misuse Act 1990, and the common law offence of misfeasance in public office.”

 

Member’s explanatory statement

 

On behalf of the Intelligence and Security Committee of Parliament, to provide for a unified

 

offence for the misuse of intrusive investigatory powers at the beginning of the Bill, in Part 1,

 

rather than having each offence scattered throughout the Bill or in other legislation.

 

 


 

Mr Dominic Grieve

 

Sir Alan Duncan

 

Mr George Howarth

 

Fiona Mactaggart

 

Angus Robertson

 

Mr Keith Simpson

 

Ms Gisela Stuart

 

14

 

Parliamentary Star    

Clause  1,  page  1,  line  4,  at end insert—

 

“( )    

This Act sets out the extent to which certain investigatory powers may be used to

 

interfere with an individual’s privacy.”

 

Member’s explanatory statement

 

On behalf of the Intelligence and Security Committee of Parliament, to place privacy at the

 

forefront of the legislation.

 

Secretary Theresa May

 

26

 

Parliamentary Star    

Clause  1,  page  1,  line  5,  leave out “sets out” and insert “imposes certain duties in

 

relation to privacy and contains other protections for privacy.

 

(1A)    

These other protections include”

 

Member’s explanatory statement

 

This amendment is consequential on new clause 5.

 

Secretary Theresa May

 

27

 

Parliamentary Star    

Clause  1,  page  1,  line  8,  leave out “It” and insert “This Part”

 

Member’s explanatory statement

 

This amendment is consequential on new clause 5.

 

Secretary Theresa May

 

28

 

Parliamentary Star    

Clause  1,  page  1,  line  12,  leave out “Other” and insert “Further”

 

Member’s explanatory statement

 

This amendment is consequential on new clause 5.

 

Secretary Theresa May

 

29

 

Parliamentary Star    

Clause  1,  page  2,  line  1,  after “exist” insert “—

 

(i)    

 

Member’s explanatory statement

 

This amendment is consequential on amendment 30.


 
 

Notices of Amendments: 26 May 2016                     

5

 

Investigatory Powers Bill, continued

 
 

Secretary Theresa May

 

30

 

Parliamentary Star    

Clause  1,  page  2,  line  1,  after “1998” insert “,

 

(ii)    

in section 55 of the Data Protection Act 1998 (unlawful

 

obtaining etc. of personal data),

 

(iii)    

in section 48 of the Wireless Telegraphy Act 2006 (offence of

 

interception or disclosure of messages),

 

(iv)    

in sections 1 to 3A of the Computer Misuse Act 1990 (computer

 

misuse offences),

 

(v)    

in the common law offence of misfeasance in public office,”

 

Member’s explanatory statement

 

This amendment lists certain existing offences which protect privacy.

 

Secretary Theresa May

 

31

 

Parliamentary Star    

Clause  1,  page  2,  line  4,  after “circumstances” insert “(including under a warrant)”

 

Member’s explanatory statement

 

This amendment is consequential on new clause 5.

 

Secretary Theresa May

 

32

 

Parliamentary Star    

Clause  1,  page  2,  line  9,  after “lawful” insert “in pursuance of an authorisation or

 

under a warrant”

 

Member’s explanatory statement

 

This amendment is consequential on new clause 5.

 

Secretary Theresa May

 

33

 

Parliamentary Star    

Clause  1,  page  2,  line  12,  after “data” insert “in pursuance of a notice”

 

Member’s explanatory statement

 

This amendment is consequential on new clause 5.

 


 

Secretary Theresa May

 

34

 

Parliamentary Star    

Clause  10,  page  8,  line  20,  leave out “for the purpose of regulatory functions” and

 

insert “in connection with the regulation of—

 

(i)    

telecommunications operators, telecommunications services or

 

telecommunication systems, or

 

(ii)    

postal operators or postal services”

 

Member’s explanatory statement

 

This amendment ensures that the powers and duties excluded from clause 10(2) (and dealt with in

 

clause 10(3)) by virtue of being regulatory powers are limited to those exercisable in connection

 

with telecommunications or postal regulation.

 



 
 

Notices of Amendments: 26 May 2016                     

6

 

Investigatory Powers Bill, continued

 
 

Mr Alistair Carmichael

 

NC1

 

To move the following Clause—

 

         

“Notification by the Investigatory Powers Commissioner

 

(1)    

The Investigatory Powers Commissioner is to notify the subject or subjects of

 

investigatory powers relating to the statutory functions identified in section 196,

 

subsections (1), (2) and (3), including—

 

(a)    

the interception or examination of communications,

 

(b)    

the retention, accessing or examination of communications data or

 

secondary data,

 

(c)    

equipment interference,

 

(d)    

access or examination of data retrieved from a bulk personal dataset,

 

(e)    

covert human intelligence sources,

 

(f)    

entry or interference with property.

 

(2)    

The Investigatory Powers Commissioner must only notify subjects of

 

investigatory powers under subsection (1) upon completion of the relevant

 

conduct or the cancellation of the authorisation or warrant.

 

(3)    

The notification under subsection (1) must be sent by writing within thirty days

 

of the completion of the relevant conduct or cancellation of the authorisation or

 

warrant.

 

(4)    

The Investigatory Powers Commissioner must issue the notification under

 

subsection (1) in writing, including details of—

 

(a)    

the conduct that has taken place, and

 

(b)    

the provisions under which the conduct has taken place, and

 

(c)    

any known errors that took place within the course of the conduct.

 

(5)    

The Investigatory Powers Commissioner may postpone the notification under

 

subsection (1) beyond the time limit under subsection (3) if the Commissioner

 

assesses that notification may defeat the purposes of an on-going serious crime or

 

national security operation or investigation.

 

(6)    

The Investigatory Powers Commissioner must consult with the person to whom

 

the warrant is addressed in order to fulfil an assessment under subsection (5).”

 


 

Mr Dominic Grieve

 

Sir Alan Duncan

 

Mr George Howarth

 

Fiona Mactaggart

 

Angus Robertson

 

Mr Keith Simpson

 

Ms Gisela Stuart

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Referrals by the Intelligence and Security Committee of Parliament

 

(1)    

Subsection (2) applies if the Intelligence and Security Committee of Parliament

 

refers a matter to the Investigatory Powers Commissioner.


 
 

Notices of Amendments: 26 May 2016                     

7

 

Investigatory Powers Bill, continued

 
 

(2)    

The Investigatory Powers Commissioner must inform the Intelligence and

 

Security Committee of Parliament of the outcome of any investigation, inspection

 

or audit arising from such a referral.”

 

Member’s explanatory statement

 

To allow the Intelligence and Security Committee to refer matters, on behalf of Parliament, to the

 

Commissioner and to provide a mechanism for the Committee to be informed of the outcome.

 


 

Stephen McPartland

 

NC16

 

Parliamentary Star    

To move the following Clause—

 

         

“Investigatory Powers Commissioner: obligation to notify

 

(1)    

The Investigatory Powers Commissioner is to notify the subject or subjects of

 

investigatory powers relating to the statutory functions identified in section 196,

 

subsections (1), (2) and (3), including—

 

(a)    

the interception or examination of communications,

 

(b)    

the retention, accessing or examination of communications data or

 

secondary data,

 

(c)    

equipment interference,

 

(d)    

access or examination of data retrieved from a bulk personal dataset.

 

(2)    

The Investigatory Powers Commissioner must only notify subjects of

 

investigatory powers under subsection (1) upon completion of the relevant

 

conduct or the cancellation of the authorisation or warrant.

 

(3)    

The notification under subsection (1) must be sent by writing within ninety days

 

of the completion of the relevant conduct or cancellation of the authorisation or

 

warrant.

 

(4)    

The Investigatory Powers Commissioner must issue the notification under

 

subsection (1) in writing, including details of the provisions under which the

 

conduct has taken place.

 

(5)    

The Investigatory Powers Commissioner may postpone the notification under

 

subsection (1) beyond the time limit under subsection (3) if the Commissioner

 

assesses that notification may defeat the purposes of the on-going serious crime

 

or national security operation or investigation.

 

(6)    

The Investigatory Powers Commissioner must consult with the person to whom

 

the warrant is addressed in order to fulfil an assessment under subsection (5).”

 

 


 

Mr Douglas Carswell

 

7

 

Clause  194,  page  149,  line  23,  at end insert—

 

“(3A)    

The term of office of a person appointed under subsection (1)(a) as Investigatory

 

Powers Commissioner must not begin before the Intelligence and Security

 

Committee of Parliament has consented to the proposed appointee.”

 

Member’s explanatory statement

 

This amendment would require the appointment of the Investigatory Powers Commissioner to be

 

agreed by the Intelligence and Security Committee of Parliament.


 
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Revised 26 May 2016