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Public Bill Committee: 15th May 2008                  

281

 

Counter-Terrorism Bill, continued

 
 

Interpretation

 

7    (1)  

In this Schedule—

 

“information society services”—

 

(a)    

has the meaning given in Article 2(a) of the E-Commerce

 

Directive (which refers to Article 1(2) of Directive 98/34/EC of

 

the European Parliament and of the Council of 22 June 1998

 

laying down a procedure for the provision of information in the

 

field of technical standards and regulations), and

 

(b)    

is summarised in recital 17 of the E-Commerce Directive as

 

covering “any service normally provided for remuneration, at a

 

distance, by means of electronic equipment for the processing

 

(including digital compression) and storage of data, and at the

 

individual request of a recipient of a service”;

 

“recipient”, in relation to a service, means any person who, for

 

professional ends or otherwise, uses an information society service,

 

in particular for the purposes of seeking information or making it

 

accessible;

 

“service provider” means a person providing an information society

 

service.

 

      (2)  

For the purposes of this Schedule whether a service provider is

 

established in the United Kingdom, or in some other EEA state,

 

shall be determined in accordance with the following provisions—

 

(a)    

a service provider is established in the United Kingdom, or

 

in a particular EEA state, if the service provider—

 

(i)    

effectively pursues an economic activity using a

 

fixed establishment in the United Kingdom, or that

 

EEA state, for an indefinite period, and

 

(ii)    

is a national of an EEA state or a company or firm

 

mentioned in Article 48 of the EEC Treaty;

 

(b)    

the presence or use in a particular place of equipment or

 

other technical means of providing an information society

 

service does not, of itself, constitute the establishment of a

 

service provider;

 

(c)    

where it cannot be determined from which of a number of

 

establishments a given information society service is

 

provided, that service is to be regarded as provided from

 

the establishment at the centre of the service provider’s

 

activities relating to that service.”.’.

 



 
 

Public Bill Committee: 15th May 2008                  

282

 

Counter-Terrorism Bill, continued

 
 

Tom Brake

 

Mr David Heath

 

Mr Elfyn Llwyd

 

NS1

 

To move the following Schedule:—

 

‘Intercept evidence

 

 

Admissibility of intercept and metering evidence

 

1    (1)  

Notwithstanding section 17 of the Regulation of Investigatory Powers Act

 

2000 (c. 23) (“RIPA”), evidence of—

 

(a)    

the contents of an intercepted communication (“intercept evidence”),

 

and

 

(b)    

communications data (“metering evidence”),

 

            

shall be admissible in criminal proceedings to which this paragraph applies.

 

      (2)  

This paragraph applies to—

 

(a)    

proceedings in respect of serious crime, and

 

(b)    

proceedings in respect of an offence or offences relating to terrorism.

 

      (3)  

An application for permission to introduce intercept evidence or metering

 

evidence, or both, may be made by the prosecution for the purpose of

 

conducting a criminal prosecution to which this paragraph applies, and not

 

otherwise.

 

      (4)  

Unless and until an application has been made by the prosecution in any such

 

proceedings the provisions of section 17 of RIPA (exclusion of matters from

 

legal proceedings) shall continue to apply in connection with those

 

proceedings.

 

 

Considerations for allowing intercept or metering evidence

 

2          

In deciding whether to admit intercept or metering evidence the court shall take

 

account of all relevant considerations, including in particular—

 

(a)    

any application by the Secretary of State to withhold the evidence or

 

part of the evidence on the ground that its disclosure, or the disclosure

 

of facts relating to the obtaining of the evidence, would be contrary to

 

the public interest, and

 

(b)    

any submission that the evidence was obtained unlawfully.

 

 

Interpretation

 

3          

In this Schedule—

 

“communications data” has the same meaning as in section 21(4) of RIPA;

 

“intercepted communication” has the same meaning as in section 4 of

 

RIPA;

 

“RIPA” means the Regulation of Investigatory Powers Act 2000 (c. 23);

 

“serious crime” has the same meaning as in section 81(2)(b) of RIPA;

 

“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).


 
 

Public Bill Committee: 15th May 2008                  

283

 

Counter-Terrorism Bill, continued

 
 

Minor and consequential amendments

 

4          

In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting

 

or prosecuting”.’.

 


 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

NS4

 

To move the following Schedule:—

 

‘Intercept evidence (No. 2)

 

 

Admissibility of intercept and metering evidence

 

5    (1)  

Notwithstanding section 17 of the Regulation of Investigatory Powers Act

 

2000 (c. 23) (“RIPA”), evidence of—

 

(a)    

the contents of an intercepted communication (“intercept evidence”),

 

and

 

(b)    

communications data (“metering evidence”),

 

            

shall be admissible in criminal proceedings commenced on or after 31st July

 

2010 to which this paragraph applies.

 

      (2)  

This paragraph applies to proceedings in respect of an offence or offences

 

relating to terrorism.

 

      (3)  

An application for permission to introduce intercept evidence or metering

 

evidence, or both, may be made by the prosecution for the purpose of

 

conducting a criminal prosecution to which this paragraph applies, and not

 

otherwise.

 

      (4)  

Unless and until an application has been made by the prosecution in any such

 

proceedings the provisions of section 17 of RIPA (exclusion of matters from

 

legal proceedings) shall continue to apply in connection with those

 

proceedings.

 

 

Considerations for allowing intercept or metering evidence

 

6          

In deciding whether to admit intercept or metering evidence the court shall take

 

account of all relevant considerations, including in particular—

 

(a)    

any application by the Secretary of State to withhold the evidence or

 

part of the evidence on the ground that its disclosure, or the disclosure

 

of facts relating to the obtaining of the evidence, would be contrary to

 

the public interest, and

 

(b)    

any submission that the evidence was obtained unlawfully.

 

 

Interpretation

 

7          

In this Schedule—

 

“communications data” has the same meaning as in section 21(4) of RIPA;


 
 

Public Bill Committee: 15th May 2008                  

284

 

Counter-Terrorism Bill, continued

 
 

“intercepted communication” has the same meaning as in section 4 of

 

RIPA;

 

“RIPA” means the Regulation of Investigatory Powers Act 2000 (c. 23);

 

“serious crime” has the same meaning as in section 81(2)(b) of RIPA;

 

“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).

 

Minor and consequential amendments

 

8          

In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting

 

or prosecuting”.’.

 

 

Order of the House [1st April 2008]

 

That the following provisions shall apply to the Counter-Terrorism Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on 15th May 2008.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration and Third Reading shall be completed in two

 

days.

 

5.    

Proceedings on consideration (so far as not previously concluded) shall be

 

brought to a conclusion one hour before the moment of interruption on the

 

second day.

 

6.    

Proceeedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

7.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

8.    

Any other proceeeings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [22nd April 2008]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

22nd April) meet—

 

(a)  

at 4.00 p.m. on Tuesday 22nd April;

 

(b)  

at 9.00 a.m. and 1.00 p.m. on Thursday 24th April;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 29th April;

 

(d)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 6th May;


 
 

Public Bill Committee: 15th May 2008                  

285

 

Counter-Terrorism Bill, continued

 
 

(e)  

at 9.00 a.m. and 1.00 p.m. on Thursday 8th May;

 

(f)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 13th May;

 

(g)  

at 9.00 a.m. and 1.00 p.m. on Thursday 15th May;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 22nd April

Until no later than 12.00 noon

Association of Chief Police

 
   

Officers; Sir Ian Blair,

 
   

Commissioner of Police of the

 
   

Metropolis

 
  

Until no later than 1.00 p.m.

JUSTICE

 
 

Tuesday 22nd April

Until no later than 4.50 p.m.

The Director of Public

 
   

Prosecutions; Crown Prosecution

 
   

Service

 
  

Until no later than 5.40 p.m.

The Rt Hon Lord Goldsmith QC

 
  

Until no later than 6.30 p.m.

Lord Dear

 
  

Until no later than 7.00 p.m.

The Rt Hon Elish Angiolini QC

 
   

WS, Lord Advocate Scotland

 
 

Thursday 24th April

Until no later than 10.25 a.m.

Liberty

 
 

Thursday 24th April

Until no later than 1.45 p.m.

Lord Carlile of Berriew QC

 
  

Until no later than 2.30 p.m.

Coroners’ Society of England and

 
   

Wales

 
  

Until no later than 4.30 p.m.

Home Office

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 22; Schedule 1; Clauses 23 to 31; Schedule 2;

 

Clauses 32 to 37; Schedule 3; Clauses 38 and 39; Clause 45; Clauses 40 to

 

44; Clauses 46 to 55; Schedules 4 and 5; Clauses 56 to 89; Schedule 6;

 

Clauses 90 to 92; new Clauses; new Schedules; remaining proceedings on the

 

Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 4.00 p.m. on Thursday 15th May.

 


 
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