Vote Bundle Text (900323-03)

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

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Mr Harry Cohen

Clause 22, page 25, line 28, at end insert—

'(8A) A postal or telecommunications operator can at any time seek guidance from the Interception of Communications Commissioner before disclosing communications data in response to an authorisation under section 21(3), and shall do so if he believes a particular authorisation to be disproportionate to the matters falling within section 21(2).'.

Miss Ann Widdecombe

Mr Oliver Heald

Mr Peter Luff

160

Clause 24, page 25, leave out line 45.

Mr Richard Allan
Mr A. J. Beith

145

Clause 24, page 25, line 45, at end insert—

'"judge" means—

(a) in England and Wales, a circuit judge;

(b) in Scotland, a sheriff;

Miss Ann Widdecombe

Mr Oliver Heald

Mr Peter Luff

161

Clause 24, page 26, line 12, leave out from '(e)' to end of line 17 and insert 'with which the persons specified in section 6(2) hold office, rank or position'.

Mr Richard Allan
Mr A. J. Beith

146

Clause 24, page 26, line 19, leave out 'notices' and insert 'orders'.

Mr Richard Allan
Mr A. J. Beith

147

Clause 24, page 26, line 20, leave out 'granted or given' and insert 'sought'.

Mr Richard Allan
Mr A. J. Beith

148

Clause 24, page 26, line 23, leave out 'may be granted or notices given' and insert 'or orders may be sought'.

Mr Charles Clarke

Clause 28, page 29, line 28, at end insert 'and such other requirements as may be imposed by order made by the Secretary of State.'.

Mr Charles Clarke

Clause 28, page 30, line 29, at end insert—

'() The Secretary of State may by order—

(a) prohibit the authorisation under this section of any such conduct or uses of covert human intelligence sources as may be described in the order; and

(b) impose requirements, in addition to those provided for by subsection (2), that must be satisfied before an authorisation is granted under this section for any such conduct or uses of covert human intelligence sources as may be so described.'.

Mr Charles Clarke

Clause 28, page 30, line 38, at end insert '(whether or not the same one in the case of each reference).'.

Mr Charles Clarke

Clause 29, page 30, line 42, leave out 'made by the Secretary of State' and insert 'under this section'.

Mr Charles Clarke

Clause 29, page 31, line 1, leave out 'The Secretary of State may by order' and insert 'An order under this section may'.

Mr Charles Clarke

Clause 29, page 31, line 7, leave out 'this section' and insert 'subsection (1)'.

Mr Richard Allan
Mr A. J. Beith

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 Charles Clarke

Clause 29, page 31, line 18, at end insert—

'(5) The power to make an order under this section shall be exercisable by the Secretary of State.

(6) Subject to subsections (7) and (8), the power to make an order under this section for the purposes of the grant of authorisations for conduct in Northern Ireland shall also be exercisable by the First Minister and deputy First Minister in Northern Ireland acting jointly.

(7) The power of the First Minister and deputy First Minister in Northern Ireland to make an order under this section by virtue of subsection (1) or (3) shall not be exercisable except in relation to an authority specified for the purposes of this section by an order made under subsection (4)(h) by those Ministers acting jointly.

(8) The power of the First Minister and deputy First Minister in Northern Ireland to make an order under this section—

(a) shall not include power to make any provision dealing with an excepted matter;

(b) shall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.

(9) The power of the First Minister and deputy First Minister in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such statutory rule containing an order under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(10) An order under this section made by the First Minister and deputy First Minister in Northern Ireland may—

(a) make different provision for different cases;

(b) contain such incidental, supplemental, consequential and transitional provision as those Ministers think fit.

(11) In this section "excepted matter" and "reserved matter" have the same meanings as in the Northern Ireland Act 1998; and, in relation to those matters, section 98(2) of that Act (meaning of "deals with") applies for the purposes of this section as it applies for the purposes of that Act.'.

Mr Charles Clarke

Clause 41, page 42, line 12, leave out 'subsection (4)' and insert 'subsections (4) and (7A)'.

Mr Charles Clarke

Clause 41, page 42, line 45, at end insert—

'(7A) The Secretary of State may by order provide in relation to authorisations of such descriptions as may be specified in the order that subsection (3) is to have effect as if the period at the end of which an authorisation of a description so specified is to cease to have effect were such period shorter than that provided for by that subsection as may be fixed by or determined in accordance with that order.'.

Mr Charles Clarke

Clause 41, page 42, line 47, leave out from 'references' to end of line 3 on page 43 and insert—

'(a) in the case of the grant of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation is granted;

(b) in the case of the renewal of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation would have ceased to have effect but for the renewal; and

(c) in the case of any grant or renewal that takes effect under subsection (2) of section 34 at a time or on a day later than that given by paragraph (a) or (b), to the time at which or, as the case may be, day on which the grant or renewal takes effect in accordance with that subsection.'.

Mr Charles Clarke

Clause 42, page 43, line 23, after '(3)' insert 'Subject to subsection (5A),'.

Mr Charles Clarke

Clause 42, page 43, line 31, leave out 'subsection (3)' and insert 'subsections (3) and (5A)'.

Mr Charles Clarke

Clause 42, page 43, line 43, after '(5)' insert 'Subject to subsection (5A),'.

Mr Charles Clarke

Clause 42, page 44, line 8, at end insert—

'(5A) The Secretary of State may by order provide in relation to authorisations of such descriptions as may be specified in the order that subsection (3), (4) or (5) is to have effect as if the period at the end of which an authorisation of a description so specified is to cease to have effect were such period shorter than that provided for by that subsection as may be fixed by or determined in accordance with that order.'.

Mr Charles Clarke

Clause 43, page 44, line 22, leave out 'of subsection (5)' and insert 'mentioned in subsection (2)(c)'.

Mr Charles Clarke

Clause 43, page 44, line 36, leave out 'designated for the purposes of section 27 or 28'.