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Lord Falconer of Thoroton moved Amendment No. 288:


On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendment No. 289:


    Page 25, line 14, at end insert—


"( ) After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert— "EXCEPTION FOR CRIMINAL INVESTIGATIONS OR PROCEEDINGS
3A. (1) It is not an offence under Article 3(1)(a) for a person to make an indecent photograph or pseudo-photograph of a child in accordance with an authorisation under this section.
(2) An authorisation may be given only if it appears to the person or persons giving it to be necessary for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world, or for any particular purpose falling within those purposes.

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(3) An authorisation—
(a) must be in writing,
(b) must specify the person to whom it is given and the purpose or purposes for which it is given, and
(c) may specify conditions to which it is subject.
(4) An authorisation may be given by—
(a) the Chief Constable of the Police Service of Northern Ireland,
(b) the Director General of the National Crime Squad,
(c) the Director General of the National Crime Intelligence Service,
(d) the Commissioners of Customs and Excise, or
(e) the Director of Public Prosecutions.""

The noble and learned Lord said: This amendment extends to Northern Ireland the defence to making indecent photographs of children, the defence being that such acts are necessary for the purposes of criminal

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proceedings and are authorised. There is no policy difference between the operation of the defence in England and Wales and its operation in Northern Ireland. The amendment ensures that policy determined by the Bill on this issue can apply equally and offer the same protection to those investigating child sex offences in Northern Ireland as to their counterparts in England and Wales. I beg to move.

On Question, amendment agreed to.

Clause 53, as amended, agreed to.

Lord Grocott: I beg to move that the House do now resume.

Moved accordingly, and, on Question, Motion agreed to.

House resumed.

        House adjourned at one minute past ten o'clock.

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