Regulation of Investigatory Powers Bill — Failure to Comply with a Notice to Disclose a Key to Protected Information — 8 May 2000

Dominic Grieve MP, Beaconsfield did not vote.

(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 information) 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.'.-- [Mr. Simon Hughes.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:--

The House divided: Ayes 25, Noes 293.

Historical Hansard | Online Hansard |

Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (No)Minority (Aye)BothTurnout
Con0 000.0%
Independent0 1033.3%
Lab292 (+2 tell) 0070.8%
LDem0 22 (+2 tell)051.1%
SNP0 2033.3%
UUP1 0011.1%
Total:293 25050.3%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

NameConstituencyPartyVote
no rebellions

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