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Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Thursday 4th May 2000


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

REGULATION OF INVESTIGATORY POWERS, AS AMENDED


NEW CLAUSES

Delegation of Commissioners' functions

   

Mr Secretary Straw

NC8

*To move the following Clause:—

    '.—(1) Anything authorised or required by or under any enactment to be done by a relevant Commissioner may be done by any member of the staff of that Commissioner who is authorised for the purpose (whether generally or specifically) by that Commissioner.

    (2) In this section "relevant Commissioner" means the Interception of Communications Commissioner, the Security Service Act Commissioner, the Intelligence Services Act Commissioner or any Surveillance Commissioner.'.


Offences

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Peter Luff

NC1

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 any section 46 notice, with a requirement of that notice to disclose a key to protected information; and

      (b) he is a person who has possession of the key.

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

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

      (b) he is a person who has had possession of the key, but that key was not in his possession after the giving of the notice and before the time by which he was required to disclose it; and

      (c) with intent to impede access to protected information or the putting of that information into an intelligible form, that he did not, before that time, make a disclosure, to the person to whom he was required to disclose the key, of all such information in his possession as was required by that person to 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 (subject to subsection (4)) for that person to show—

      (a) 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) where the key was not in his possession at that time, that it was not reasonably practicable for him, before that time, to make such a disclosure as is mentioned in subsection (2)(c); and

      (c) that as soon after that time as it was reasonably practicable for him to make a disclosure of the key or (if earlier) of sufficient information to enable possession of the key to be obtained, he 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) In proceedings against any person for an offence under this section it shall be a defence for that person to show that—

      (a) at all material times he used due diligence to store the key which he had or had had in his possession; and

      (b) that were the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it, that he did before that time, make a disclosure to the person to whom he was required to disclose the key, of all such information to his possession as was required by that person to enable possession of the key to be obtained.

    (6) Where a person is being proceeded against for an offence under this section, then at any stage of the proceedings, if evidence has been given of his having failed to comply with any requirement of a section 46 notice to disclose a key to protected information, the following evidence shall be admissible for the purpose of proving that he had an intention to impede access to protected information or the putting of that information into an intelligible form—

      (a) evidence that he has or has had in his possession other information of value on grounds falling within section 46(3) or likely to be of value for purposes connected with the exercise or performance by any public authority of any statutory power or statutory duty; and

      (b) provided that seven days notice in writing has been given to him of the intention to prove the conviction, evidence that he has within the [five] years preceding the date of the offence charged been convicted of any offence carrying a maximum sentence on conviction on indictment of five years imprisonment or more.

    (7) A person guilty of an offence under this section shall be liable—

      (a) on conviction on indictment, to imprisonment for a term not exceeding ten 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.'.


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).'.


Investigatory Powers Commission

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

NC3

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 Commissioners.

    (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.'.


Report of payments made

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

NC4

To move the following Clause:—

    '.—The Secretary of State shall report annually to Parliament setting out the payments made under section 13 in respect of each person to whom such payment is made, and where payments are not made, the reasons therefor.'.


Appeal against payment decisions

   

Mr Oliver Heald
Miss Ann Widdecombe
Mr Peter Luff

NC6

To move the following Clause:—

    '.—(1) A person to whom a payment is made under section 13, or a person who is refused payment thereunder, may within seven days of notice of the decision appeal to the Court as to the amount of such payment or the said refusal.

    (2) The Court to which an appeal may be made under this section shall be—

      (a) in England and Wales or Northern Ireland, the High Court and

      (b) in Scotland, the Court of Session.'.


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

   

Mr Simon Hughes
Mr Richard Alan

NC7

*To move the follow 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 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 infomation) 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 of 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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