|
back to previous amendments
| | THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE |
| 159 | Page 55, line 39, after "of" insert "terrorist" |
| 159A* | Page 56, line 27, leave out "3" and insert "2" |
| | THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 95 stand part of the Bill. |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND |
| 160 | Page 59, line 45, after "offence" insert ", which he might reasonably assume to be terrorism" |
| 161 | Page 59, line 45, leave out second "or" and insert "and" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND |
| 162 | Page 61, line 27, after "offence" insert "which he might reasonably assume to be terrorism," |
| 163 | Page 61, line 27, leave out "or" and insert "and" |
| 163A* | Page 62, line 7, leave out from "State" to "a" and insert ", business representatives and the Information Commissioner shall jointly issue" |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 164 | Page 62, line 11, after "appropriate" insert "with the Information Commissioner and" |
| 164A* | Page 62, line 14, leave out subsection (3) |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK |
| 164B* | Page 62, line 15, after "with" insert "all interested parties, including" |
| | THE EARL OF NORTHESK
THE LORD LUCAS |
| 164C* | Page 62, line 17, at end insert ", and with the Information Commissioner" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 164D* | Page 62, line 17, at end insert— |
| "( ) | Before issuing or revising a code under this section the Secretary of State shall consult with the Information Commissioner." |
| | THE EARL OF NORTHESK
THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY |
| 165 | Page 62, line 18, leave out subsection (4) and insert— |
| "( ) | Where the Secretary of State issues or revises a code of practice or enters into an agreement under this section, he shall publish the code, the revised code, or, as the case may be, the terms of such agreement." |
| 165A* | Page 62, line 18, leave out subsection (4) and insert— |
| "(4) | The Secretary of State, business representatives and the Information Commissioner shall jointly issue any revisions to this code of practice; and where the code of practice is issued or revised under this section, the Secretary of State shall publish the code or, as the case may be, the revised code in such manner as he considers appropriate for bringing it to the attention of the communications providers." |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 166 | Page 62, line 19, leave out "publish" and insert "lay" |
| 167 | Page 62, line 19, after second "code" insert "before Parliament and shall publish it" |
| 167A* | Page 62, line 22, leave out subsection (5) and insert— |
| "( ) | A code of practice, issued and revised by the Secretary of State and business, may contain such provisions as appear necessary for the purpose of safeguarding national security. |
| ( ) | Provisions in the code of practice will be proportionate to what is required for the safeguarding of national security." |
| | THE EARL OF NORTHESK
THE LORD LUCAS |
| 167B* | Page 62, line 22, leave out subsection (5) and insert— |
| "(5) | A code of practice or agreement under this section shall contain only provisions which are necessary and proportionate for the purposes of safeguarding national security and the prevention of terrorism." |
| | THE EARL OF NORTHESK
THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY |
| 168* | Page 62, line 24, leave out "safeguarding national security" and insert "countering terrorism" |
| 169* | Page 62, line 24, after "security" insert "or countering terrorism" |
| | THE EARL OF NORTHESK
THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY |
| 170 | Page 62, line 25, leave out paragraph (b) |
| 171 | Page 62, line 26, at end insert— |
| "( ) | In section 23 of the Regulation of Investigatory Powers Act 2000 (c. 23), after subsection (9) insert— |
| "(10) | An authorisation under section 22(3), or notice under section 22(4), may only authorise or require that data held by the postal or telecommunications operator, pursuant to either a code of practice issued under section 102 of the Anti-terrorism, Crime and Security Act 2001, or a direction given under section 103 of that Act, if obtained on the ground set out in section 22(2)(a)."" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 171A* | Page 62, line 26, at end insert— |
| "( ) | A code of practice or agreement under this section shall include clear guidance to communications providers as to— |
| (a) | what classes of data shall be retained, and |
| (b) | a maximum period for which data may be retained." |
| 171B* | Page 62, line 30, leave out subsection (7) and insert— |
| "( ) | Communications providers acting in conformity with the code of practice shall not be liable to any criminal or civil proceedings in which the question arises whether or not the retention of any communications data is justified on the grounds that a failure to retain the data would be likely to prejudice national security." |
| | THE EARL OF NORTHESK
THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY |
| 172 | Page 62, line 34, at end insert— |
| "( ) | The Secretary of State shall lay before both Houses of Parliament every draft code of practice, or, as the case may be, draft revised code of practice, prepared and published by him under this section." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 172A* | Page 62, line 34, at end insert— |
| "( ) | No code of practice shall be issued or revised under this section unless a draft of the code, together with an assessment of any human rights implications, has been laid before each House of Parliament." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 172B* | Page 62, line 34, at end insert— |
| "( ) | It shall be the duty of the Secretary of State to ensure that a code of practice or agreement issued under this section does not place an unreasonable burden on communications providers. |
| ( ) | A code of practice or agreement shall not expect or require a communications provider to retain any class of data that is not obtained or held by him during the normal course of his business." |
| | The Earl of Northesk gives notice of his intention to oppose the Question that Clause 102 stand part of the Bill. |
| | THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE |
| 173 | Page 62, line 36, leave out subsection (1) and insert— |
| "( ) | If, after reviewing the operation of any requirements contained in the code of practice and any agreements under section 102, it appears to the Secretary of State that it is necessary to do so to safeguard against terrorism, he may by order made by statutory instrument authorise the giving of directions under this section for as long as it takes to revise the code in consultation with the communications providers to whom the code will apply or, as the case may be, who will be affected by the revisions, or with the persons appearing to him to represent those providers." |
| 173A* | Page 62, line 36, leave out subsections (1) and (2) and insert— |
| "( ) | If, following the implementation of the code of practice drafted by business and Government, it appears to the Secretary of State that the code is failing to safeguard national security, he may by statutory instrument extend the provisions of the code for a limited period, until the code can be jointly revised in conformity with section 102(1). |
| ( ) | Where any order under this section is in force, the Secretary of State may give such directions as he considers appropriate about the retention of communications data to communications service providers. |
| ( ) | The Secretary of State shall not make an order under subsection (2) unless a draft has been laid before Parliament and approved by resolution of each House." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 173B* | Page 62, line 36, leave out subsection (1) and insert— |
| "( ) | If, after a reasonable period of time following the implementation of the code of practice, it appears to the Secretary of State that the code is failing to meet the objectives set out in section 102(5), he may by order made by statutory instrument authorise the giving of directions under this section." |
| 173C* | Page 62, line 36, leave out from "If" to "it" in line 37 |
| 173D* | Page 62, line 38, leave out "that it is necessary to do so" and insert "to be necessary for the purposes of safeguarding national security and the prevention of terrorism," |
| | THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE |
| 174 | Page 62, line 38, after "so" insert "to safeguard against terrorism" |
| | THE EARL OF NORTHESK
THE LORD LUCAS |
| 174A* | Page 62, line 39, at end insert— |
| "( ) | Before making an order under this section, the Secretary of State shall consult with— |
| (a) | communications providers likely to be affected by a direction or with the persons appearing to the Secretary of State to represent such providers; and |
| (b) | the Information Commissioner." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 174B* | Page 62, line 41, leave out "he considers appropriate" and insert "are proportionate and necessary to meet the objectives set out in section 102(5)" |
| | THE EARL OF NORTHESK
THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY |
| 175 | Page 62, line 43, after "to" insert "public" |
| 176 | Page 63, line 1, after "to" insert "public" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 176A* | Page 63, line 3, at end insert— |
| "( ) | It shall be the duty of the Secretary of State to ensure that all directions are equitable as between communications providers and that they do not place an unreasonable burden on communications providers and, in particular, that a direction does not require a communications provider to retain any class of data that is not obtained or held by it during the normal course of its business." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK |
| 176B* | Page 63, line 8, at end insert— |
| "( ) | with the Scottish Ministers where the direction would apply to communications providers in Scotland;" |
| | THE EARL OF NORTHESK
THE LORD LUCAS |
| 176C* | Page 63, line 13, at end insert— |
| (c) | the Information Commissioner." |
| 176D* | Page 63, line 18, at end insert "notwithstanding anything in the Data Protection Act 1998 (c. 29) or any other enactment whether passed before or after the passing of this Act" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 176E* | Page 63, line 18, at end insert "but he shall not be required to take any steps which it is not reasonably practicable for him to take" |
| 176F* | Page 63, line 25, at end insert— |
| "( ) | A certificate signed by the Secretary of State certifying that a direction under this section is, or at any time was, required for one or more of the purposes mentioned in subsection (1) shall be conclusive evidence of that fact." |
| | THE EARL OF NORTHESK
THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 103 stand part of the Bill. |
|
