Amendments proposed to the Regulation of Investigatory Powers Bill - continued House of Commons

back to previous text
   

Miss Ann Widdecombe
Mr Oliver Heald

28

Schedule     1,     page     79,     leave out lines 7 to 18.

   

Miss Ann Widdecombe
Mr Oliver Heald

29

Schedule     1,     page     79,     leave out line 23.

   

Miss Ann Widdecombe
Mr Oliver Heald

30

Schedule     1,     page     79,     line     24,     leave out 'any resident magistrate' and insert 'a county court judge'.

   

Miss Ann Widdecombe
Mr Oliver Heald

31

Schedule     1,     page     79,     line     26,     leave out 'or of a justice of the peace'.

   

Miss Ann Widdecombe
Mr Oliver Heald

32

Schedule     1,     page     80,     leave out lines 1 to 31.

   

Miss Ann Widdecombe
Mr Oliver Heald

33

Schedule     1,     page     81,     leave out lines 1 to 36.


   

Miss Ann Widdecombe
Mr Oliver Heald

17

Page     49,     line     12,     leave out Clause 49.


   

Mr Oliver Heald
Miss Ann Widdecombe

45

*Clause     50,     page     50,     line     14,     leave out from ', or' to end of line 16.

   

Mr Oliver Heald
Miss Ann Widdecombe

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
Miss Ann Widdecombe

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)—

      (a) allows access to the protected information, or

      (b) facilitates the putting of the protected information into an intelligible form.'.


   

Miss Ann Widdecombe
Mr Oliver Heald

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.'.


NEW CLAUSES

Offences

   

Miss Ann Widdecombe
Mr Oliver Heald

NC1

To move the following Clause:—

    '.—(1) A person is guilty of an offence if—

      (a) with intent to impede access to protected information or the putting of that information into an intelligible form, he fails to comply, in accordance with any section 46 notice, with a requirement of that notice to disclose a key to protected information; and

      (b) he is a person who has possession of the key.

    (2) A person is guilty of an offence if—

      (a) he fails to comply, in accordance with any section 46 notice, with a requirement of that notice to disclose a key to protected information;

      (b) he is a person who has had possession of the key, but that key was not in his possession after the giving of the notice and before the time by which he was required to disclose it; and

      (c) with intent to impede access to protected information or the putting of that information into an intelligible form, that he did not, before that time, make a disclosure, to the person to whom he was required to disclose the key, of all such information in his possession as was required by that person to enable possession of the key to be obtained.

    (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—

      (a) that it was not reasonably practicable for him to make a disclosure of the key before the time by which he was required to do so;

      (b) where the key was not in his possession at that time, that it was not reasonably practicable for him, before that time, to make such a disclosure as is mentioned in subsection (2)(c); and

      (c) that as soon after that time as it was reasonably practicable for him to make a disclosure of the key or (if earlier) of sufficient information to enable possession of the key to be obtained, he made such a disclosure to the person to whom he was required to disclose the key.

    (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—

      (a) at all material times he used due diligence to store the key which he had or had had in his possession; and

      (b) that where the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it, that he did before that time, make a disclosure to the person to whom he was required to disclose the key, of all such information to his possession as was required by that person to enable possession of the key to be obtained.

    (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:—

      (a) evidence that he has or has had in his possession other information of value on grounds falling within section 46(3) or likely to be of value for purposes connected with the exercise or performance by any pubilc authority of any statutory power or statutory duty; and

      (b) provided that seven days notice in writing has been given to him of the intention to prove the conviction, evidence that he has within the [five] years preceding the date of the offence charged been convicted of any offence carrying a maximum sentence on conviction on indictment of five years imprisonment or more.

    (7) A person guilty of an offence under this section shall be liable—

      (a) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both;

      (b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.'.


Technical Approval Board
   

Miss Ann Widdecombe
Mr Oliver Heald

NC2

To move the following Clause:—

    'The Secretary of State shall appoint to a Technical Approval Board—

      (a) six representatives of persons appearing to him to be likely to be subject to technical obligations under this Act; and

      (b) such persons with statutory functions in relation to persons falling within paragraph (a).'.


 
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