S.C.F.
Amendment Paper as at
Tuesday 4th April 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 Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
36
Clause 46, page 47, line 11, leave out ', or is likely to do so'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
37
Clause 46, page 47, line 13, leave out ', or is likely to do so'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
38
Clause 46, page 47, line 18, leave out ', or is likely to do so'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
39
Clause 46, page 47, line 21, leave out ', or is likely to do so'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
40
Clause 46, page 47, line 25, leave out from 'excise' to end of line 27.
Mr Richard Allan
Mr A. J. Beith
178
Clause 46, page 47, line 33, leave out from '(3)' to end of line 36.
Mr Richard Allan
Mr A. J. Beith
179
Clause 46, page 47, line 38, after 'imposition', insert 'having regard to the purposes for which the key is used'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
Mr Richard Allan
Mr A. J. Beith
41
Clause 46, page 48, line 1, after 'detecting', insert 'serious'.
Mr Richard Allan
Mr A. J. Beith
180
Clause 46, page 48, line 1, leave out from 'crime' to end of line 2.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
177
Clause 46, page 48, line 2, leave out 'in the interests of' and insert 'for the purpose of safeguarding'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
43
Clause 46, page 48, line 3, leave out subsection (4) and insert—
'(4) A notice in this section requiring disclosure of any key must—
(a) be in writing in the prescribed form and be addressed to the recipient of the key and be signed and dated by a person with appropriate authority as described in Schedule 1;
(b) detail the specific protected information required; and
(c) name the person or persons who have the appropriate permission to serve the notice and order the decryption of the specific protected information sought.'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
42
Clause 46, page 48, leave out lines 3 to 9.
Mr Richard Allan
Mr A. J. Beith
181
Clause 46, page 48, line 4, leave out 'must be given in a manner that produces a record of it having been given' and insert 'by electronic means in a manner—
(i) that produces a record of it having been given,
(ii) that produces a record of its having been received, and
(iii) that incorporates an electronic signature using a format and key which has previously been communicated to the recipient in writing;'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
173
Clause 46, page 48, line 6, leave out from '(a),' to 'and' in line 7 and insert 'shall take such form and be given in such manner as the Secretary of State shall by regulations prescribe;'.
Mr Richard Allan
Mr A. J. Beith
182
Clause 46, page 48, line 9, at end insert ', having reasonable regard to the technical difficulties of performing the disclosure'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
172
Clause 46, page 48, line 9, at end insert—
'( ) must identify the person who gave the appropriate permission, and the paragraph of Schedule 1 under which it was given.'.
Mr Richard Allan
Mr A. J. Beith
183
Clause 46, page 48, line 9, at end insert—
'( ) must, unless the protected information is already in the possession of the recipient of the notice, be accompanied by—
(i) the protected information,
(ii) a sample of the protected information sufficient to identify all of the keys which may be relevant to putting it into intelligible form, or
(iii) some other means to identify all of those relevant keys.'.
Mr Richard Allan
Mr A. J. Beith
184
Clause 46, page 48, line 9, at end insert—
'( ) must specify the matters falling within subsection (3) by reference to which the notice is given;
( ) must identify the person who gave the appropriate permission and the paragraph of Schedule 1 under which it was given;'.
Mr Richard Allan
Mr A. J. Beith
185
Clause 46, page 48, line 9, at end insert—
'( ) must, except where a direction to the contrary has been given in accordance with subsection (3) of section 47, inform the recipient of his right to provide the protected information in an intelligible form in accordance with subsection (2) of section 47.'.
Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff
44
Clause 46, page 48, line 13, leave out 'or otherwise identified by, or in accordance with,'.
Mr Richard Allan
Mr A. J. Beith
186
Clause 46, page 48, line 14, at end insert 'but the provisions of the notice shall not specify or otherwise identify a person for the purposes of paragraph (b) unless he holds an office, rank or position with the same relevant public authority as the person giving the notice'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
176
Clause 46, page 48, line 20, at end add—
'( ) A notice under this section shall remain in force for no longer than one year.
( ) A notice under this section may be renewed for periods not exceeding one year by authorisation by the person with appropriate authority under Schedule 1, and any such renewal shall be notified to the person in writing.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
23
Schedule 1, page 78, line 22, leave out from 'office' to end of line 24.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
24
Schedule 1, page 78, line 28, leave out from 'warrant' to 'contained'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
25
Schedule 1, page 78, line 31, leave out 'or authorisation'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
26
Schedule 1, page 78, line 33, leave out 'or authorisation'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
27
Schedule 1, page 78, leave out lines 45 to 47.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
28
Schedule 1, page 79, leave out lines 7 to 18.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
29
Schedule 1, page 79, leave out line 23.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
30
Schedule 1, page 79, line 24, leave out 'any resident magistrate' and insert 'a county court judge'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
31
Schedule 1, page 79, line 26, leave out 'or of a justice of the peace'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
32
Schedule 1, page 80, leave out lines 1 to 31.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
33
Schedule 1, page 81, leave out lines 1 to 36.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
174
Schedule 1, page 81, line 43, after 'relates)', insert 'for one year or'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
175
Schedule 1, page 81, line 43, after 'such', insert 'earlier'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
Mr Richard Allan
Mr A. J. Beith
17
Page 49, line 12, leave out Clause 49.
Mr Charles Clarke
69
Clause 50, page 50, line 9, at end insert—
'() A requirement to keep anything secret shall not be included in a section 46 notice except where—
(a) it is included with the consent of the person who for the purposes of Schedule 1 granted the permission for the giving of the notice; or
(b) the person who gives the notice is himself a person whose permission for the giving of such a notice in relation to the information in question would have constituted appropriate permission under that Schedule.'.
