Amendments proposed to the Regulation of Investigatory Powers Bill - continued | House of Commons |
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Miss Ann Widdecombe 20 Clause 21, page 23, line 46, at end insert'(4A) Where it appears to the designated person that a postal or telecommunications operator is not or may not be in possession of, but is or may be capable of obtaining any communications data, the designated person shall not give a notice under subsection (4) unless he has obtained a certificate of technical capability from the Technical Approval Board.'.
Miss Ann Widdecombe 21 Clause 21, page 23, line 46, at end insert'(4B) In this section "a certificate of technical capability" means a certificate in writing given by The Technical Approval Board to the effect that the postal or telecommunications operator
Mr Charles Clarke 55 *Clause 21, page 24, line 7, leave out ', as soon as reasonably practicable,'.
Mr Charles Clarke 56 *Clause 21, page 24, line 8, at end insert'() A person who is under a duty by virtue of subsection (6) shall not be required to do anything in pursuance of that duty which it is not reasonably practicable for him to do.'.
Mr Richard Allan 68 *Clause 29, page 31, line 18, at end add 'a draft of which has been laid before Parliament and approved by a resolution of each House.'.
Mr Oliver Heald 36 Clause 46, page 47, line 11, leave out ', or is likely to do so'.
Mr Oliver Heald 37 Clause 46, page 47, line 13, leave out ', or is likely to do so'.
Mr Oliver Heald 38 Clause 46, page 47, line 18, leave out ', or is likely to do so'.
Mr Oliver Heald 39 Clause 46, page 47, line 21, leave out ', or is likely to do so'.
Mr Oliver Heald 40 Clause 46, page 47, line 25, leave out from 'excise' to end of line 27.
Mr Oliver Heald 41 Clause 46, page 48, line 1, after 'detecting', insert 'serious'.
Mr Oliver Heald 43 Clause 46, page 48, line 3, leave out subsection (4) and insert'(4) A notice in this section requiring disclosure of any key
Mr Oliver Heald 42 Clause 46, page 48, leave out lines 3 to 9.
Mr Oliver Heald 44 Clause 46, page 48, line 13, leave out 'or otherwise identified by, or in accordance with,'.
Miss Ann Widdecombe 23 Schedule 1, page 78, line 22, leave out from 'office' to end of line 24.
Miss Ann Widdecombe 24 Schedule 1, page 78, line 28, leave out from 'warrant' to 'contained'.
Miss Ann Widdecombe 25 Schedule 1, page 78, line 31, leave out 'or authorisation'.
Miss Ann Widdecombe 26 Schedule 1, page 78, line 33, leave out 'or authorisation'.
Miss Ann Widdecombe 27 Schedule 1, page 78, leave out lines 45 to 47.
Miss Ann Widdecombe 28 Schedule 1, page 79, leave out lines 7 to 18.
Miss Ann Widdecombe 29 Schedule 1, page 79, leave out line 23.
Miss Ann Widdecombe 30 Schedule 1, page 79, line 24, leave out 'any resident magistrate' and insert 'a county court judge'.
Miss Ann Widdecombe 31 Schedule 1, page 79, line 26, leave out 'or of a justice of the peace'.
Miss Ann Widdecombe 32 Schedule 1, page 80, leave out lines 1 to 31.
Miss Ann Widdecombe 33 Schedule 1, page 81, leave out lines 1 to 36.
Miss Ann Widdecombe 17 Page 49, line 12, leave out Clause 49.
Mr Oliver Heald 45 Clause 50, page 50, line 14, leave out from ', or' to end of line 16.
Mr Oliver Heald 46 Clause 50, page 50, line 20, at end insert'(2A) A section 46 notice shall not contain a requirement to keep anything secret for a period exceeding one year. (2B) A requirement made under a section 46 notice to keep anything secret may be renewed for periods not exceeding one year by authorisation of the person with appropriate authority under Schedule 1, and any such renewal shall be notified to the person in writing.'.
Mr Oliver Heald 47 Clause 52, page 52, leave out lines 35 to 39 and insert'"key" in relation to protected information, means the specific key(s), code, password, algorithm, or other data the use of which (with or without other keys)
Miss Ann Widdecombe 22 Clause 71, page 75, line 7, at end insert '"technical obligations under this Act" means steps to be specified or described in a notice pursuant to section 12(2) and steps needed to be taken pursuant to section 21(4) in order to be capable of obtaining any communications data.'.
Miss Ann Widdecombe 52 *Clause 73, page 76, line 43, after 'section', insert 'and section 12'.
Miss Ann Widdecombe 53 *Clause 73, page 76, line 45, at end insert'( ) Section 12 of this Act shall come into force on such day as the Secretary of State may by order appoint, save that he shall not appoint such a day unless he has made a statement to the House of Commons to the effect:
and he shall specify the amount.'.
NEW CLAUSESOffences
Miss Ann Widdecombe NC1 To move the following Clause:'.(1) A person is guilty of an offence if
(2) A person is guilty of an offence if
(3) In proceedings against any person for an offence under this section it shall be a defence (subject to subsection (4)) for that person to show
(4) Except in a case where there is no authorisation for the purposes of section 47, in proceedings for an offence under this section a person shall have a defence under subsection (3) only if he also shows that it was not reasonably practicable for him to comply with the requirement in the manner allowed by that section. (5) In proceedings against any person for an offence under this section it shall be a defence for that person to show that
(6) Where a person is being proceeded against for an offence under this section, then at any stage of the proceedings, if evidence has been given of his having failed to comply with any requirement of a section 46 notice to disclose a key to protected information, the following evidence shall be admissible for the purpose of proving that he had an intention to impede access to protected information or the putting of that information into an intelligible form:
(7) A person guilty of an offence under this section shall be liable
Technical Approval Board
Miss Ann Widdecombe NC2 To move the following Clause:'The Secretary of State shall appoint to a Technical Approval Board
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