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back to previous amendments
| | 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 "; and |
| (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. |
| | THE EARL OF NORTHESK
THE LORD LUCAS |
| 176G | Page 63, line 27, after "103" insert "and any order or direction issued under it" |
| 177 | Page 63, line 27, leave out from "period" to end of line 29 |
| 177A | Page 63, line 34, leave out subsection (4) and insert— |
| "( ) | It shall be the duty of the Secretary of State to receive quotations from businesses on the costs of complying with the data retention provisions of this Act and the code of practice, and to ensure subsequently that the appropriate payments in relation to capital and operational costs are made to communications providers." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177B | Page 63, line 41, at end insert— |
| "( ) | Section 65 of the Regulation of Investigatory Powers Act 2000 (c. 23) (the Tribunal) is amended as follows. |
| ( ) | In subsection (5), after paragraph (f) insert— |
| "(g) | the making of any request for the retention or disclosure of communications data in pursuance of any code of practice issued or agreement entered into under section 102 of the Anti-terrorism, Crime and Security Act 2001 and the making of any direction pursuant to section 103 of that Act." |
| ( ) | In subsection (8), after paragraph (f) insert— |
| "(g) | a code of practice or agreement made under section 102 of the Anti-terrorism Crime and Security Act 2001, or a direction made under section 103 of that Act."" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177C | Page 64, line 2, leave out from "that" to end of line 5 and insert "arrangements are in force as are necessary for securing that a person who provides a communications service receives such contributions as is, in the circumstances of that person's case, a fair contribution towards the costs incurred, or likely to be incurred, by him" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177D | Insert the following new Clause— |
| | "Exemption from Data Protection requirements |
| (1) | Any communications provider who complies with any provision of a code of practice made, or an agreement entered into, under section 102, or any direction made under section 103, shall to the extent of that compliance be exempt from any conflicting requirement of the Data Protection Act 1998 (c. 29) or any other legislation or code of practice, and such compliance shall be legal notwithstanding any statement to the contrary in any legislation. |
| (2) | In any proceedings against a person on the grounds that he retained certain data, it shall be a defence for him to show that he believed that subsection (1) applied to that data." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177E | Page 64, line 16, at end insert "but for the purposes of this Part shall not include transitory data; |
| | "transitory data" means data which, save for any provision under this Part, would not have been retained for at least 24 hours;" |
| 177F | Page 64, line 17, leave out "postal service or a" and insert "public postal service or a public" |
| 177G | Page 64, line 18, leave out "telecommunications service" and insert "public telecommunications service, and for the purposes of this Act a public telecommunications service means any parts of a publicly accessible telecommunications system by which any public telecommunications service is provided and located in the United Kingdom" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177H | Page 64, line 28, at end insert— |
| "( ) | Any code of practice, agreement or direction issued under this Part shall include appropriate transitional arrangements." |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 177HA* | Insert the following new Clause— |
| | This Part shall cease to have effect at the end of the period of 2 years beginning with the day on which this Act is passed." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 177J | Page 64, line 36, leave out subsection (2) |
| 178 | Page 65, line 10, after "Kingdom)" insert "and in particular such authorities having legislative, administrative, or judicial functions, or exercising a public function for that country or territory (including public agencies or public enterprises) and public international organisations" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 180 | Page 65, line 22, leave out paragraph (a) |
| 181 | Page 65, line 25, leave out paragraph (c) |
| 182 | Page 65, line 32, at end insert— |
| "( ) | It shall be a defence in proceedings brought under this section that the act was lawful under the written laws and regulations of the country or territory outside the United Kingdom." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 183 | Page 65, line 32, at end insert— |
| "( ) | It is a defence for a person charged with an offence under this section as a result of offering a reward or inducement to prove that he had a reasonable excuse for committing the offence." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 184 | Insert the following new Clause— |
| | "Section 107 or 108 offences |
| (1) | No prosecution for an offence under section 107 or 108 shall be instituted except by, or with the consent of, the Attorney General. |
| (2) | The Secretary of State shall lay before both Houses of Parliament at least once every twelve months a report on any prosecutions arising under section 107 or 108." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 184A | Page 73, line 15, leave out "5" and insert "4, |
| ( ) | Part 5 (subject to section (Commencement of Part 5))," |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 185 | Insert the following new Clause— |
| | Part 5 of this Act shall not come into force until the Secretary of State has conducted a consultation exercise on its provisions with the following bodies, and placed a copy of their responses in the Libraries of the two Houses of Parliament— |
| (c) | The Justices' Clerks, |
| (d) | The Districts Judges (Magistrates' Courts), |
| (e) | The Lay Magistracy, and |
| (f) | The Crown Court Judges." |
| 185A | Insert the following new Clause— |
| | The provisions of this Act shall expire at the end of the period of three years from the day on which this Act is passed." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 185B* | Insert the following new Clause— |
| (1) | This Act, apart from Part 12, shall (subject to subsections (2) to (5)) cease to have effect at the end of the period of one year beginning with the day on which the Act receives Royal Assent. |
| (2) | The Secretary of State may, subject to subsections (3) to (5), by order provide— |
| (a) | that a provision of the Act which is in force (whether or not by virtue of this subsection) shall continue in force for a specified period not exceeding twelve months; |
| (b) | that a provision of this Act shall cease to have effect; |
| (c) | that a provision of this Act which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding twelve months. |
| (3) | Parts 1, 2, 6, 7, 8, 9 and 14 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of five years beginning with the day on which this Act is passed. |
| (4) | Parts 3, 5, 10, 11 and 13 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of two years beginning with the day on which this Act is passed. |
| (5) | Part 4 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of one year beginning with the day on which this Act is passed. |
| (6) | Any order made by the Secretary of State under subsection (2) must be made by statutory instrument and may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. |
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