S.C.F.
Amendment Paper as at
Thursday 16th March 2000
STANDING COMMITTEE F
New Amendments handed in are marked thus *
REGULATION OF INVESTIGATORY POWERS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [14th March], as follows:—
Clauses 1 to 46, Schedule 1, Clauses 47 to 56, Schedule 2, Clauses 57 to 72, Schedules 3 and 4, Clause 73, New Clauses, New Schedules.
Miss Ann Widdecombe
Mr Oliver Heald
1
Clause 1, page 1, line 10, after 'intentionally', insert 'or recklessly'.
Miss Ann Widdecombe
Mr Oliver Heald
2
Clause 1, page 1, line 16, after 'intentionally', insert 'or recklessly'.
Miss Ann Widdecombe
Mr Oliver Heald
3
Clause 1, page 2, line 6, leave out 'or implied'.
Mr Richard Allan
Mr A. J. Beith
57
Clause 1, page 2, line 48, at end insert 'and the interception is in accordance with provisions of regulations made under section 4(2) with the object of ensuring that the senders and recipients of such communications are made aware of the purposes for which, and the circumstances in which, those communications may be intercepted.'.
Miss Ann Widdecombe
Mr Mr Oliver Heald
48
Clause 2, page 4, line 5, at end insert—
'( ) The Secretary of State may by order provide for a further definition of the words—"a substantial section of, the public in any one or more parts of the United Kingdom.".'.
Miss Ann Widdecombe
Mr Oliver Heald
4
Clause 2, page 4, line 39, after 'is', insert 'reasonably'.
Miss Ann Widdecombe
Mr Oliver Heald
5
Clause 3, page 5, line 19, leave out ', or which that person has reasonable grounds for believing'.
Miss Ann Widdecombe
Mr Oliver Heald
6
Clause 3, page 5, line 26, after 'interception', insert ', or the communication is one which that person has reasonable grounds for believing is one sent by, or intended for, a person who has consented to the interception;'.
Miss Ann Widdecombe
Mr Oliver Heald
10
Clause 4, page 6, line 24, at end insert 'under the affirmative resolution procedure'.
Mr Richard Allan
Mr A. J. Beith
59
Clause 4, page 6, line 24, at end insert—
'(1A) The conditions to be prescribed by subsection (1)(d) above shall require the Secretary of State to be satisfied that the rights of that country or territory provided by the domestic law of that country of territory for a person who has had his communication intercepted shall be no less than those set out in the European Convention of Human Rights and Fundamental Freedoms.'.
Miss Ann Widdecombe
Mr Oliver Heald
8
Clause 4, page 6, line 25, leave out from '(3)' to 'a' in line 27 and insert 'conduct by any person consisting in the interception of a communication in the course of its transmission by means of a telecommunications system is authorised by this section in so far as it constitutes'.
Miss Ann Widdecombe
Mr Oliver Heald
7
Clause 4, page 6, leave out lines 25 to 33.
Miss Ann Widdecombe
Mr Oliver Heald
11
Clause 4, page 6, line 25, at end insert 'made under the affirmative resolution procedure'.
Mr Richard Allan
Mr A. J. Beith
58
Clause 4, page 6, line 33, at end insert 'and the regulations must include such provisions as the Secretary of State considers appropriate for attaining the object defined in section 1(6)(b).'.
Miss Ann Widdecombe
Mr Oliver Heald
9
Clause 4, page 6, line 34, leave out 'any regulations under'.
Mr Richard Allan
Mr A. J. Beith
60
Clause 5, page 7, line 26, leave out 'the Secretary of State' and insert 'a judge'.
Mr Richard Allan
Mr A. J. Beith
61
Clause 5, page 7, line 45, leave out 'The Secretary of State' and insert 'A judge'.
Mr Richard Allan
Mr A. J. Beith
64
Clause 5, page 8, leave out lines 7 and 8.
Mr Richard Allan
Mr A. J. Beith
62
Clause 5, page 8, line 9, leave out 'the Secretary of State' and insert 'a judge'.
Miss Ann Widdecombe
Mr Oliver Heald
13
Clause 5, page 8, line 24, after 'warrant', insert 'provided that the same is proportionate to what is sought to be achieved by the conduct expressly authorised or required by the warrant'.
Miss Ann Widdecombe
Mr Oliver Heald
12
Clause 5, page 8, line 24, after 'is', insert 'reasonably'.
Mr Richard Allan
Mr A. J. Beith
63
Clause 5, page 8, line 30, at end add—
'(7) For the purpose of this section a judge shall include—
(a) in England and Wales, a circuit judge;
(b) in Scotland, a sheriff; or
(c) in Northern Ireland, a county court judge.'.
Mr A. J. Beith
Mr Richard Allan
34
Clause 6, page 8, line 44, leave out 'a Permanent Under-Secretary of State in the Ministry of Defence' and insert 'the Chief of the Defence Staff'.
Miss Ann Widdecombe
Mr Oliver Heald
15
Clause 6, page 9, leave out lines 4 and 5 and insert—
'(k) a Permanent Under-Secretary of State in the Department of Social Security.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr A. J. Beith
Mr Richard Allan
14
Clause 6, page 9, leave out lines 4 and 5.
Mr Oliver Heald
Miss Ann Widdecombe
35
Clause 6, page 9, line 5, at end insert—
'(2A) The Secretary of State shall not make an order under subsection (2)(k) unless a draft of the order has been laid before Parliament and approved by a resolution of each House,'.
As an Amendment to Mr Oliver Heald's proposed Amendment (No. 35) (Clause 6, page 9, line 5):
Mr Charles Clarke
(a)
*Line 2, leave out 'under subsection (2)(k)' and insert 'under this section that adds to the persons by or on whose behalf an application for an interception warrant may be made'.
Miss Ann Widdecombe
Mr Oliver Heald
16
Clause 6, page 9, line 9, after 'order', insert 'under the affirmative resolution procedure'.
Mr Richard Allan
Mr A. J. Beith
65
Clause 7, page 9, leave out lines 12 to 14 and insert—
(b) in a case falling within subsection (2), by the Secretary of State.'.
Mr Richard Allan
Mr A. J. Beith
66
Clause 7, page 9, line 16, leave out from 'case' to end of line 17.
Mr Richard Allan
Mr A. J. Beith
67
Clause 7, page 9, line 29, leave out 'a senior official' and insert 'the Secretary of State'.
Miss Ann Widdecombe
Mr Oliver Heald
49
Clause 12, page 13, line 45, after 'order', add ', a draft of which has been laid before Parliament and approved by a resolution of each House,'.
Miss Ann Widdecombe
Mr Oliver Heald
50
Clause 12, page 14, line 27, at end add—
'(aa) such persons appearing to him to be consumers of public postal services or public telecommunications services,'.
Miss Ann Widdecombe
Mr Oliver Heald
51
Clause 12, page 14, line 28, after '(a)', insert 'and (aa)'.
Miss Ann Widdecombe
Mr Oliver Heald
18
Clause 12, page 14, line 31, at end insert—
'(6A) Before giving a notice for the purposes of subsection (2) the Secretary of State shall obtain a certificate of technical approval from the Technical Approval Board.'.
Miss Ann Widdecombe
Mr Oliver Heald
19
Clause 12, page 14, line 47, at end add—
'(9) In this section "a certificate of technical approval" means a certificate in writing given by the Technical Approval Board to the effect that the steps specified or described in the notice would be—
(a) technically competent for the purpose set out in subsection (1); and
(b) proportionate thereto.'.
Mr Charles Clarke
54
Clause 17, page 19, line 3, at end insert—
'() Where any disclosure is proposed to be or has been made on the grounds that it is authorised by subsection (3), section 16(1) shall not prohibit the doing of anything in, or for the purposes of, so much of any legal proceedings as relates to the question whether that disclosure is or was so authorised.'.
