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

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NC2

To move the following Clause:—

    'The Secretary of State shall appoint to a Technical Approval Board—

(a) six representatives of persons appearing to him to be likely to be subject to technical obligations under this Act; and

(b) such persons with statutory functions in relation to persons falling within paragraph (a).'.

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Provision of alternative key

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NC3

To move the following Clause:—

    '.—(1) Subsection (2) applies where a person is required by a section 46 notice to disclose a key to any protected information.

    (2) The person required to disclose the key shall be taken for the purposes of this part to have complied with the requirement to disclose the key if, by the time by which he is required to disclose it to any person, he has instead provided another key which is capable of putting in an intelligible form the protected information.'.

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Powers of entry, search and seizure

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NC4

To move the following Clause:—

    '.—(1) If on an application made by any person, with the appropriate permission under Schedule 1 for the giving of a section 46 notice, a Circuit Judge is satisfied that—

(a) there is on any premises a key to cryptographic product which when applied will give access to protected information in an intelligible form; and

(b) protected information has not already been provided in an intelligible form, in compliance with a request to disclose a key under the provisions of section 47 above; and

(c) any of the conditions set out in subsection (3) below is fulfilled;

    he may issue a warrant authorising the person with the appropriate permission to give a section 46 notice, and any other person specified on the warrant, to enter and search the premises and any person found on those premises, for the purposes of recovering a key.

    (2) The appropriately authorised person may seize and retain anything for which a search has been authorised under subsection (1) above.

    (3) The conditions mentioned in subsection (1)(c) above are:

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the key;

(c) that entry to the premises would not be granted unless a warrant is produced;

(d) that the purpose of a search may be frustrated or seriously prejudiced unless an appropriately authorised person arriving at the premises can secure immediate entry to them.

    (4) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.'.

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Failure to comply with a notice to disclose a key to protected information

   

Mr Richard Allan
Mr A. J. Beith

NC5

To move the following Clause:—

    '(1) A person is guilty of an offence if—

(a) with intent to impede access to protected information or the putting of that information into an intelligible form, he fails to comply in accordance with a section 46 notice with a requirement of that notice to disclose a key to protected information;

(b) there are reasonable grounds for believing that possession of the key is necessary to obtain access to the protected information or the putting of that information into an intelligible form; and

(c) he is a person who has, or who after the giving of the notice and before the time by which he was required to disclose the key had, possession of the key.

    (2) A person is guilty of an offence if—

(a) he fails to comply in accordance with a section 46 notice with a requirement of that notice to disclose a key to protected information;

(b) there are reasonable grounds for believing that possession of the key is necessary to obtain access to the protected information or the putting of that information into an intelligible form;

(c) he is a person:

    (i) who has had possession of the key; and

    (ii) who has, or who after the giving of the notice and before the time by which he was required to disclose the key had, possession of information which would (either on its own or in combination with other information) enable possession of the key to be obtained; and

(d) with intent to impede access to protected information or the putting of that information into an intelligible form, he did not before the time by which he was required to disclose the key, make a disclosure to the person to whom he was required to disclose the key of all such information in his possession which would (either on its own or in combination with other information) enable possession of the key to be obtained.

    (3) In proceedings against any person for an offence under this section it shall be a defence for that person to show:

(a) in the case of an offence under subsection (1), that it was not reasonably practicable for him to make a disclosure of the key before the time by which he was required to do so;

(b) in the case of an offence under subsection (2), that it was not reasonably practicable for him, before the time by which he was required to disclose the key, to make such a disclosure as is mentioned in subsection 2(d); and

(c) where in either case it has since that time become reasonably practicable for him to make a disclosure of the key or information which would (either on its own or in combination with other information) enable possession of the key to be obtained, he has made such a disclosure to the person to whom he was required to disclose the key.

    (4) Except in a case where there is no authorisation for the purposes of section 47, in proceedings for an offence under this section a person shall have a defence under subsection (3) only if he also shows that it was not reasonably practicable for him to comply with the requirement in the manner allowed by that section.

    (5) A person guilty of an offence under this section shall be liable:

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.'.

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Investigatory Powers Commission

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NC6

To move the following Clause:—

    '.—(1) There shall be a body of Commissioners named the Investigatory Powers Commission, consisting of the Investigatory Powers Commissioners.

    (2) The Commissioner under section 8 of the Interception of Communications Act 1985, the Security Service Act Commissioner, the Intelligence Services Act Commissioner, the Chief Surveillance Commissioner and the ordinary Surveillance Commissioners shall each henceforth be known as Investigatory Powers Commissioners.

    (3) The Secretary of State may by order provide for the discharge under the general direction of the Commission of any of the functions of one Commissioner by any Commissioner.

    (4) The Secretary of State shall appoint one of the Commissioners to be chairman of the Commission.

    (5) The Secretary of State may by order amend subsection (2) insofar as it regulates the number of Commissioners.

    (6) Schedule (Investigatory Powers Commission) shall have effect with respect to the Commission.

    (7) No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.'.

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NEW SCHEDULE

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NS1

To move the following Schedule:—

'Investigatory Powers Commission

    1. The Investigatory Powers Commission may appoint such officers and servants as they think fit, including investigating officers, subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service.

    2. Subject to the provisions of this Act, the Commission may make arrangements for the regulation of their business.

    3. The arrangements may, with the approval of the Secretary of State, provide for the discharge under the general direction of the Commission of any of the Commission's functions by any Commissioner.

    4. Anything done by a Commissioner shall have the same effect as if done by the Commission.'.

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Prepared 6 Apr 2000