S.C.F.
Amendment Paper as at
Thursday 30th March 2000
STANDING COMMITTEE F
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 Charles Clarke
162
Clause 25, page 26, line 37, leave out from 'investigation' to end of line 40 and insert 'or a specific operation;
(b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and
(c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.'.
Mr Richard Allan
Mr A. J. Beith
167
Clause 25, page 26, line 42, leave out from 'that' to end of line 3 on page 27 and insert 'interferes with any person's privacy in circumstances where that person has a reasonable expectation of privacy'.
Mr Richard Allan
Mr A. J. Beith
168
Clause 25, page 27, line 11, leave out subsection (5).
Mr Charles Clarke
163
Clause 25, page, 28, line 3, at end insert—
'() In this section "private information", in relation to a person, includes any information relating to his private or family life.'.
Mr Richard Allan
Mr A. J. Beith
169
Clause 27, page 29, line 4, leave out from 'department' to end of line 7.
Mr Charles Clarke
164
Clause 27, page 29, line 11, at end insert 'and'.
Mr Charles Clarke
165
Clause 27, page 29, line 13, after 'investigation' insert 'or operation'.
Mr Charles Clarke
166
Clause 27, page 29, line 14, leave out from 'authorisation' to end of line 16.
Mr Charles Clarke
79
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 Richard Allan
Mr A. J. Beith
170
Clause 28, page 29, line 39, leave out from 'department' to end of line 42.
Mr Charles Clarke
80
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
81
Clause 28, page 30, line 38, at end insert '(whether or not the same one in the case of each reference).'.
Mr Charles Clarke
91
Clause 29, page 30, line 42, leave out 'made by the Secretary of State' and insert 'under this section'.
Mr Charles Clarke
92
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
93
Clause 29, page 31, line 7, leave out 'this section' and insert 'subsection (1)'.
Mr Richard Allan
Mr A. J. Beith
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 Charles Clarke
94
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 Richard Allan
Mr A. J. Beith
171
Clause 30, page 32, line 23, at end insert—
'(7) No authorisation shall take effect until such time (if any) as—
(a) the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and
(b) written notice of the Commissioner's decision to approve the grant of the authorisation has been given to the person who granted the authorisation.'.
Mr Charles Clarke
82
Clause 41, page 42, line 12, leave out 'subsection (4)' and insert 'subsections (4) and (7A)'.
Mr Charles Clarke
83
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
84
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
85
Clause 42, page 43, line 23, after '(3)' insert 'Subject to subsection (5A),'.
Mr Charles Clarke
86
Clause 42, page 43, line 31, leave out 'subsection (3)' and insert 'subsections (3) and (5A)'.
Mr Charles Clarke
87
Clause 42, page 43, line 43, after '(5)' insert 'Subject to subsection (5A),'.
Mr Charles Clarke
88
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.'.
