S.C.F.
Amendment Paper as at
Tuesday 21st 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.
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
Mr Peter Luff
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
Mr Peter Luff
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
Mr Peter Luff
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
Mr Peter Luff
14
Clause 6, page 9, leave out lines 4 and 5.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
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
Mr Peter Luff
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
Mr Peter Luff
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
Mr Peter Luff
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
Mr Peter Luff
51
Clause 12, page 14, line 28, after '(a)', insert 'and (aa)'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
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
Mr Peter Luff
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.'.
Mr Harry Cohen
72
Clause 21, page 23, line 17, leave out from 'if' to end of line 33 and insert—
'failure to obtain the data would—
(a) prejudice the purpose of safeguarding of national security;
(b) prejudice the prevention or detection of crime;
(c) prejudice the prosecution or apprehension of offenders;
(d) prejudice the assessment or collection of any tax or duty;
(e) cause serious harm to the physical or mental health of any individual; or
(f) prejudice any purpose (not falling within paragraphs (a) to (e)) which is specified in an order made by the Secretary of State on the grounds that the purpose is necessary for reasons of the substantial public interest.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
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
Mr Oliver Heald
Mr Peter Luff
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—
(a) is technically capable of obtaining the communications data, or
(b) could be technically (1) capable of obtaining the communications data if certain steps were taken, and the certificate—
(i) specifies or describes such steps; and
(ii) certifies that the taking of such steps would be proportionate to what is sought to be achieved by so obtaining the data.'.
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 Harry Cohen
73
Clause 22, page 24, line 19, after 'the', insert 'particular matter or'.
Mr Harry Cohen
75
Clause 22, page 24, line 20, at end insert—
'(ca) must describe why the disclosure of communications data to the relevant public authority would be proportionate to the matter specified in paragraph (c);'.
Mr Harry Cohen
74
Clause 22, page 24, line 31, after 'the', insert 'particular matter or'.
Mr Harry Cohen
76
Clause 22, page 24, line 32, at end insert—
'(ca) must include a statement that the disclosure of communications data to the relevant public authority is considered to be proportionate to the matter specified in paragraph (c);'.
Mr Harry Cohen
78
Clause 22, page 24, line 37, at end insert—
'(2A) Data obtained for matters falling within section 21(2)(a), 21(2)(b) or 21(2)(c) shall not be used or disclosed for any matter relating to section 21(2)(f), unless that matter relates to a tax, duty, levy or other imposition, contribution or charge payable to a government department whose value to be assessed to or to be collected exceeds the specified significant amount.
(2B) The Secretary of State may by order specify the monetary value of the significant amount to be any amount over £100,000.'.
