S.C.F.
Amendment Paper as at
Thursday 6th April 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.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
196
Clause 53, page 53, line 40, leave out from beginning to 'shall' in line 44 and insert—
'(1) The Prime Minister may appoint Investigatory Powers Commissioners.
(2) The Investigatory Powers Commission'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
197
Clause 53, page 54, line 13, leave out 'Covert Investigations Commissioner' and insert 'Commission'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
198
Clause 53, page 54, line 14, leave out from 'review' to end of line 16.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
199
Clause 53, page 54, line 27, leave out 'Interception of Communications Commissioner and the Covert Investigations Commissioner shall each' and insert 'Commission shall'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
200
Clause 53, page 54, line 29, leave out 'his' and insert 'the Commission's'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
201
Clause 53, page 54, line 34, leave out 'either Commissioner' and insert 'the Commission'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
202
Clause 53, page 54, leave out lines 39 to 45 and insert 'he holds or has held a high judicial office (within the meaning of the Appellate Jurisdiction Act 1876)'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
203
Clause 53, page 55, line 3, leave out 'the Interception of Communications Commissioner' and insert 'an Investigatory Powers Commissioner'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
204
Clause 54, page 55, line 32, leave out 'Interception of Communications Commissioner' and insert 'Commission'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
205
Clause 54, page 55, line 46, leave out 'that Commisioner' and insert 'the Commission'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
206
Clause 54, page 56, line 1, leave out from 'to' to second 'Commissioner' in line 2 and insert 'a'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
207
Clause 54, page 56, line 4, leave out 'that' and insert 'a'.
Mr Richard Allan
Mr A. J. Beith
225
Clause 54, page 56, line 9, at end insert—
'(3A) If it at any time appears to the Interception of Communications Commissioner, the Covert Investigations Commissioner, the Security Service Act Commissioner, the Intelligence Services Act Commissioner or the Chief Surveillance Commissioner—
(a) that there has been a contravention of the provisions of this Act in relation to the obtaining, granting, exercise or performance of an authorisation for surveillance conduct under this Act, and
(b) that the contravention has resulted in unlawful surveillance of a person,
he shall notify that person with respect to the contravention, except that such notification may be delayed if to do so would be likely to prejudice the detection and prevention of crime'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
208
Clause 54, page 56, line 10, leave out 'the Interception of Communications' and insert 'a'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
209
Clause 54, page 56, line 16, leave out from second 'the' to 'make' in line 18 and insert 'Commission shall'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
210
Clause 54, page 56, line 19, leave out 'that Commissioner's functions' and insert 'the Commissioner's function under this Act.'.
Mr Richard Allan
Mr A. J. Beith
224
Clause 54, page 56, line 19, at end insert—
'(5A) The report shall, in particular, cover the following matters—
(a) the number of applications made for authorisations (including renewals) that were granted;
(b) the number of applications (including renewals) that were refused;
(c) the average period granted for authorisations (including renewals);
(d) the offences in respect of which authorisations were given;
(e) a general description of the methods of surveillance involved in each authorisation;
(f) the number of persons arrested whose identity became known as a result of a surveillance operation under an authorisation;
(g) the number of criminal proceedings commenced in which evidence obtained by the authorised surveillance operation was adduced and the number of those proceedings that resulted in a conviction;
(h) a general assessment of the importance of surveillance operations for the investigation, detection, prevention and prosecution of offences.'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
211
Clause 55, page 56, line 35, leave out from '(5),' to 'keep' in line 36 and insert 'the Commission shall,'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
212
Clause 55, page 56, line 37, leave out from first 'review' to end of line 38.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
213
Clause 55, page 57, line 1, leave out from '(5),' to 'keep' in line 3 and insert 'the Commission shall,'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
214
Clause 55, page 57, line 3, leave out from first 'review' to end of line 4.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
191
Clause 55, page 57, line 29, leave out from 'The' to end of line 33 and insert 'Chairman of the Commission shall keep under review—'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
192
Clause 55, page 58, line 15, leave out 'Chief Surveillance Commissioner' and insert 'Chairman of the Commission'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
193
Clause 55, page 58, line 15, leave out 'ordinary Surveillance'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
194
Clause 55, page 58, line 18, leave out 'Chief Surveillance Commissioner' and insert 'Chairman of the Commission'.
Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff
195
Clause 55, page 58, line 20, leave out 'Chief Surveillance Commissioner' and insert 'Chairman of the Commission'.
Mr Richard Allan
Mr A. J. Beith
217
Clause 56, page 60, line 10, at end insert—
'( ) Nothing in this Part prevents a court or tribunal from exercising its jurisdiction in relation to a matter which is also within the jurisdiction of the Tribunal.'.
Mr Richard Allan
Mr A. J. Beith
215
Clause 58, page 61, line 8, leave out from 'shall' to end of line 10 and insert 'make their determination according to the merits of the case.'.
Mr Richard Allan
Mr A. J. Beith
226
Clause 58, page 61, line 9, leave out 'for judicial review' and insert 'under the Human Rights Act 1998'.
Mr Richard Allan
Mr A. J. Beith
216
Clause 58, page 61, line 25, leave out from 'complaint' to end of line 26 and insert 'according to the merits of the case.'.
Mr Richard Allan
Mr A. J. Beith
227
Clause 58, page 61, line 26, leave out 'a court on an application for judicial review' and insert 'the High Court'.
Mr Richard Allan
Mr A. J. Beith
218
Clause 58, page 61, line 46, leave out subsection (7) and insert—
'(7) Where the Tribunal have made a final determination of any proceedings (including proceedings on a complaint or reference), any party to the proceedings may bring an appeal to the appropriate appeal court on any question of law material to that determination.
(7A)An appeal under subsection (7) shall not be brought except with the leave of the Tribunal or, after such leave has been refused, with the leave of the appropriate appeal court.
(7B) In this section "appropriate appeal court" means the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland, according to the part of the United Kingdom to which the complaint is allocated in accordance with rules under this Part.'.
