Anti-social Behaviour, Crime and Policing Bill

Amendments
to be moved
in committee

[Supplementary to the Fourth Marshalled List]

Clause 110

BARONESS SMITH OF BASILDON

LORD ROSSER

 


The above-named Lords give notice of their intention to oppose the Question that
Clause 110 stand part of the Bill.

After Clause 135

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Insert the following new Clause—

“Long-term police authorisation requiring independent approval

(1)   The Regulation of Investigatory Powers Act 2000 is amended as follows.

(2)   After section 32A (authorisations requiring judicial approval) insert—

“32AA           Long-term police authorisations requiring independent
approval

(1)   This section applies where a relevant person has granted a long-
term authorisation under section 29.

(2)   The authorisation is not to take effect until such time (if any) as the
relevant independent body has made an order approving the grant
of the authorisation.

(3)   The relevant independent body may give approval under this
section to the granting of an authorisation under section 29 if, and
only if, the relevant independent body is satisfied that—

(a)   at the time of the grant—

(i)   there were reasonable grounds for believing that the
requirements of section 29(2), and any requirements
imposed by virtue of section 29(7)(b) are satisfied in
relation to that authorisation, and

(ii)   the relevant conditions were satisfied in relation to
that authorisation, and

(b)   at the time when the relevant independent body is
considering the matter, there remain reasonable grounds for
believing that the requirements of section 29(2), and any
requirements imposed by virtue of section 29(7)(b) are
satisfied in relation to that authorisation.

(4)   For the purposes of subsection (3) the relevant conditions in relation
to a grant by an individual holding an office, rank or position in a
relevant law enforcement agency, that—

(a)   the individual was a designated person for the purposes of
section 29,

(b)   the grant of an authorisation was not in breach of any
prohibition imposed by virtue of section 29(7)(a) or any
restriction imposed by virtue of section 30(3), and

(c)   any other conditions that may be provided for by the
Secretary of State were satisfied.

(5)   In this section—

“relevant law enforcement authority” means—

(a)   a police force in the United Kingdom, and

(b)   the National Crime Agency;

“relevant judicial authority” means—

(a)   in relation to England and Wales, the High Court of
Justice in England, and Wales,

(b)   in relation to Scotland, the Court of Session, and

(c)   in relation to Northern Ireland, the High Court of
Justice in Northern Ireland;

“relevant person” means—

(a)   an individual holding an office, rank or position in a
police force in the United Kingdom, and

(b)   an individual holding an office, rank or position in
the National Crime Agency.

(6)   In this section—

“relevant independent body” must be set out by the Home
Secretary in a motion passed by both Houses of Parliament
before this Clause is enacted;

“long-term” must be set out by the Home Secretary in a motion
passed by both Houses of Parliament before this Clause is
enacted.””

Clause 141

BARONESS SMITH OF BASILDON

LORD ROSSER

 


The above-named Lords give notice of their intention to oppose the Question that
Clause 141 stand part of the Bill.

Clause 160

LORD BLAIR OF BOUGHTON

 

Page 128, line 31, at end insert—

“(11)   Within three months of the passage of this Act, the Secretary of State shall
seek written advice from the Intelligence and Security Committee as to
whether there are any considerations of national security and intelligence
which would need to be examined in relation to the appointment of a non-
UK national to the following posts—

(a)   the Commissioner of Police for the Metropolis,

(b)   the Deputy Commissioner of Police for the Metropolis,

(c)   the Assistant Commissioner of the Metropolitan Police appointed
by the Commissioner to have operational responsibility for UK
counter-terrorist policing,

(d)   the Director General of the National Crime Agency, and

(e)   any successors who hold posts with equivalent responsibilities in
the future.

(12)   Section 126 shall not come into force until the Intelligence and Security
Committee has reported its findings under subsection (11) to the Secretary
of State and a copy of those findings has been laid before both Houses of
Parliament.”

Prepared 28th November 2013