Investigatory Powers Bill — Report (3rd Day) — 19 Oct 2016 at 16:45

Moved by Lord Keen of Elie

180: Clause 137, page 110, line 4, leave out subsection (6)

Moved by Earl Howe

181: After Clause 137, insert the following new Clause-“Approval of major modifications by Judicial Commissioners(1) In deciding whether to approve a decision to make a major modification of a bulk interception warrant, a Judicial Commissioner must review the Secretary of State’s conclusions as to whether the modification is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary.(2) In doing so, the Judicial Commissioner must-(a) apply the same principles as would be applied by a court on an application for judicial review, and(b) consider the matter referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy).(3) Where a Judicial Commissioner refuses to approve a decision to make a major modification under section 137, the Judicial Commissioner must give the Secretary of State written reasons for the refusal.(4) Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, refuses to approve a decision to make a major modification under section 137, the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to make the modification.”

Moved by Earl Howe

182: Clause 138, page 111, line 6, leave out “fifth” and insert “third”

183: Clause 138, page 111, line 15, at end insert-“and section (Approval of major modifications by Judicial Commissioners)(4) does not apply in relation to the refusal to approve the decision.”

Moved by Earl Howe

184: Clause 141, page 113, line 41, after “(5)” insert “and section 143”

Moved by Earl Howe

185: Clause 142, page 114, line 21, after “(5)” insert “and section 143”

Moved by Earl Howe

186: Clause 144, page 116, line 26, at end insert-“( ) In deciding whether to give an approval under subsection (2) in a case where subsection (1)(b)(i) applies, a senior official must have regard to the public interest in the confidentiality of items subject to legal privilege.”

Moved by Earl Howe

187: Clause 144, page 116, line 34, at end insert-“( ) For the purposes of subsection (3)(b), there cannot be exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria unless-(a) the public interest in obtaining the information that would be obtained by the selection of the intercepted content for examination outweighs the public interest in the confidentiality of items subject to legal privilege,(b) there are no other means by which the information may reasonably be obtained, and(c) obtaining the information is necessary in the interests of national security or for the purpose of preventing death or significant injury.”

Moved by Earl Howe

189: Clause 144, page 116, line 34, at end insert-“(3A) Subsection (3B) applies if, in a case where intercepted content obtained under a bulk interception warrant is to be selected for examination-(a) the selection of the intercepted content for examination meets any of the selection conditions in section 143(3)(a) to (c),(b) the purpose, or one of the purposes, of using the criteria to be used for the selection of the intercepted content for examination (“the relevant criteria”) is to identify communications that, if they were not made with the intention of furthering a criminal purpose, would be items subject to legal privilege, and(c) the person to whom the warrant is addressed considers that the communications (“the targeted communications”) are likely to be communications made with the intention of furthering a criminal purpose.(3B) The intercepted content may be selected for examination using the relevant criteria only if a senior official acting on behalf of the Secretary of State has approved the use of those criteria.(3C) A senior official may give an approval under subsection (3B) only if the official considers that the targeted communications are likely to be communications made with the intention of furthering a criminal purpose.”

190: Clause 144, page 116, line 36, after “examination,” insert “for purposes other than the destruction of the item,”

Moved by Earl Howe

191: Clause 144, page 116, line 40, at end insert-“(4A) The Investigatory Powers Commissioner may-(a) direct that the item is destroyed, or(b) impose conditions as to the disclosure or otherwise making available of that item.(4B) The Investigatory Powers Commissioner-(a) may require an affected party to make representations about how the Commissioner should exercise any function under subsection (4A), and(b) must have regard to any such representations made by an affected party (whether or not as a result of a requirement imposed under paragraph (a)).(4C) Each of the following is an “affected party” for the purposes of subsection (4B)-(a) the Secretary of State;(b) the person to whom the warrant is or was addressed.”

Moved by Earl Howe

194: After Clause 144, insert the following new Clause-“Additional safeguard for confidential journalistic materialWhere-(a) a communication which has been intercepted in accordance with a bulk interception warrant is retained, following its examination, for purposes other than the destruction of the communication, and(b) it is a communication containing confidential journalistic material,the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon as is reasonably practicable.(For provision about the grounds for retaining material obtained under a warrant, see section 141.)”

Moved by Lord Janvrin

195: After Clause 144, insert the following new Clause-“Offence of breaching safeguards relating to examination of material under bulk interception warrants(1) A person commits an offence if-(a) the person selects for examination any intercepted content or secondary data obtained under a bulk interception warrant,(b) the person knows or believes that the selection of that intercepted content or secondary data for examination does not comply with a requirement imposed by section 143 or 144, and(c) the person deliberately selects that intercepted content or secondary data for examination in breach of that requirement. (2) A person guilty of an offence under this section is liable-(a) on summary conviction in England and Wales-(i) to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), or(ii) to a fine,or to both;(b) on summary conviction in Scotland-(i) to imprisonment for a term not exceeding 12 months, or(ii) to a fine not exceeding the statutory maximum,or to both;(c) on summary conviction in Northern Ireland-(i) to imprisonment for a term not exceeding 6 months, or(ii) to a fine not exceeding the statutory maximum,or to both;(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.(3) No proceedings for any offence which is an offence by virtue of this section may be instituted-(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.”

Moved by Earl Howe

196: Clause 146, page 117, line 21, at end insert-“section (General definitions: “journalistic material” etc.) (general definitions: “journalistic material” etc.),”

Moved by Lord Paddick

196A: Clause 147, page 118, line 48, at end insert-“( ) A bulk acquisition warrant may not require data which relates to or includes internet connection records.”

Ayes 82, Noes 321.

Debate in Parliament |

Public Whip is run as a free not-for-profit service. If you'd like to support us, please consider switching your (UK) electricity and/or gas to Octopus Energy or tip us via Ko-Fi.

All Votes Cast - sorted by party

Lords for which their vote in this division differed from the majority vote of their party are marked in red. Also shows which lords were ministers at the time of this vote. You can also see every eligible lord including those who did not vote in this division.

Sort by: Name | Party | Vote

NamePartyVote
The Bishop of ChesterBishopno
Lord Ahmad of WimbledonCon (front bench)no
Baroness Anelay of St JohnsCon (front bench)no
Lord Arbuthnot of EdromConno
The Earl of ArranConno
Lord Ashton of HydeCon (front bench)no
Viscount Astor Conno
Lord Astor of HeverConno
Earl Attlee Con (front bench)no
Lord Baker of DorkingConno
Lord Bates Con (front bench)no
Baroness Bertin Conno
Lord Black of BrentwoodConno
Lord Blencathra Conno
Baroness Bloomfield of Hinton WaldristConno
Lord Borwick Con (front bench)no
Lord Bourne of AberystwythCon (front bench)no
Lord Bowness Con (front bench)no
Lord Brabazon of TaraCon (front bench)no
Viscount Bridgeman Con (front bench)no
Lord Brougham and Vaux Con (front bench)no
Baroness Browning Con (front bench)no
Baroness Buscombe Con (front bench)no
Baroness Byford Conno
The Earl of CaithnessCon (front bench)no
Lord Callanan Con (front bench)no
Lord Carrington of FulhamConno
Earl Cathcart Con (front bench)no
Lord Cavendish of FurnessConno
Lord Chadlington Con (front bench)no
Baroness Chalker of WallaseyConno
Baroness Chisholm of OwlpenCon (front bench)no
Lord Colwyn Con (front bench)no
Lord Cooper of WindrushConno
Lord Cope of BerkeleyCon (front bench)no
Lord Cormack Con (front bench)no
The Earl of CourtownCon (front bench)tellno
Lord Crickhowell Con (front bench)no
Lord de Mauley Con (front bench)no
Lord Denham Conno
Lord Dixon-Smith Conno
Lord Dobbs Conno
The Earl of DundeeConno
Lord Dunlop Con (front bench)no
Baroness Eaton Con (front bench)no
Viscount Eccles Con (front bench)no
Baroness Eccles of MoultonCon (front bench)no
Lord Elton Con (front bench)no
Baroness Evans of Bowes ParkCon (front bench)no
Lord Fairfax of CameronConno
Baroness Fall Conno
Lord Farmer Conno
Lord Faulks Conno
Lord Fink Con (front bench)no
Baroness Finn Conno
Baroness Fookes Con (front bench)no
Lord Forsyth of DrumleanCon (front bench)no
Lord Framlingham Conno
Lord Freeman Con (front bench)no
Lord Freud Con (front bench)no
Lord Gadhia Conno
Lord Gardiner of KimbleCon (front bench)no
Baroness Gardner of ParkesConno
Lord Garel-Jones Conno
Lord Geddes Con (front bench)no
Lord Gilbert of PantegCon (front bench)no
Lord Glendonbrook Conno
Baroness Goldie Con (front bench)no
Lord Goodlad Con (front bench)no
Lord Grade of YarmouthConno
Viscount Hailsham Conno
Lord Hamilton of EpsomCon (front bench)no
Baroness Hanham Conno
Baroness Harding of WinscombeConno
Lord Hayward Conno
Baroness Helic Con (front bench)no
Lord Henley Con (front bench)no
Lord Higgins Conno
Baroness Hodgson of AbingerConno
Lord Hodgson of Astley AbbottsCon (front bench)no
Lord Holmes of RichmondCon (front bench)no
Baroness Hooper Con (front bench)no
Lord Horam Con (front bench)no
Lord Howard of LympneConno
Lord Howard of RisingConno
Earl Howe Con (front bench)no
Lord Howell of GuildfordCon (front bench)no
Lord Hunt of WirralCon (front bench)no
Lord Inglewood Con (front bench)no
Lord James of BlackheathConno
Baroness Jenkin of KenningtonCon (front bench)no
Lord Jopling Con (front bench)no
Lord Keen of ElieCon (front bench)no
Lord King of BridgwaterConno
Lord Kirkham Conno
Lord Kirkhope of HarrogateConno
Lord Lamont of LerwickCon (front bench)no
Lord Lang of MonktonCon (front bench)no
Lord Lawson of BlabyConno
Lord Leigh of HurleyCon (front bench)no
The Earl of LindsayCon (front bench)no
Lord Lingfield Conno
The Earl of LiverpoolConno
The Marquess of LothianConno
Lord Lucas Con (front bench)no
Lord Lyell Conno
Lord MacGregor of Pulham MarketCon (front bench)no
Lord Mackay of ClashfernCon (front bench)no
Lord Magan of CastletownConno
Baroness Manzoor Conno
Lord Marland Conno
Lord Marlesford Conno
Lord McColl of DulwichCon (front bench)no
Baroness McGregor-Smith Conno
Lord McInnes of KilwinningConno
Baroness McIntosh of PickeringCon (front bench)no
Baroness Mobarik Con (front bench)no
The Duke of MontroseCon (front bench)no
Baroness Morris of BoltonCon (front bench)no
Lord Moynihan Con (front bench)no
Lord Naseby Con (front bench)no
Lord Nash Con (front bench)no
Baroness Neville-Jones Con (front bench)no
Baroness Neville-Rolfe Con (front bench)no
Baroness Nicholson of WinterbourneConno
Baroness Noakes Con (front bench)no
Lord Norton of LouthCon (front bench)no
Baroness O'Cathain Con (front bench)no
Lord O'Shaughnessy Conno
Baroness Oppenheim-Barnes Conno
Baroness Pidding Conno
Lord Popat Conno
Lord Porter of SpaldingConno
Baroness Rawlings Conno
Baroness Redfern Con (front bench)no
Viscount Ridley Con (front bench)no
Lord Robathan Conno
Lord Rose of MonewdenConno
Lord Ryder of WensumConno
Lord Sassoon Conno
Baroness Scott of BybrookConno
Baroness Seccombe Con (front bench)no
The Earl of SelborneCon (front bench)no
Lord Selkirk of DouglasCon (front bench)no
Lord Selsdon Conno
Lord Sheikh Con (front bench)no
Lord Sherbourne of DidsburyCon (front bench)no
Baroness Shields Con (front bench)no
Lord Shinkwin Con (front bench)no
Lord Skelmersdale Con (front bench)no
Lord Smith of HindheadCon (front bench)no
Lord Spicer Conno
Baroness Stedman-Scott Con (front bench)no
Lord Sterling of PlaistowConno
Baroness Stowell of BeestonCon (front bench)no
Baroness Stroud Conno
Baroness Sugg Conno
Lord Suri Conno
Lord Taylor of HolbeachCon (front bench)tellno
Lord Trefgarne Con (front bench)no
Lord Trimble Con (front bench)no
Lord True Con (front bench)no
Lord Tugendhat Con (front bench)no
Viscount Ullswater Con (front bench)no
Baroness Vere of NorbitonConno
Baroness Verma Con (front bench)no
Lord Vinson Conno
Lord Wasserman Conno
Lord Wei Con (front bench)no
Baroness Wheatcroft Con (front bench)no
Lord Willetts Conno
Baroness Williams of TraffordCon (front bench)no
Lord Young of CookhamCon (front bench)no
Viscount Younger of LeckieCon (front bench)no
The Earl of ClancartyCrossbenchaye
The Earl of ErrollCrossbenchaye
Lord Low of DalstonCrossbench (front bench)aye
Lord Armstrong of IlminsterCrossbench (front bench)no
Lord Berkeley of KnightonCrossbenchno
Lord Bilimoria Crossbenchno
Lord Butler of BrockwellCrossbench (front bench)no
Viscount Colville of CulrossCrossbenchno
The Earl of Cork and OrreryCrossbenchno
Baroness Cox Crossbenchno
Viscount Craigavon Crossbenchno
Lord Cromwell Crossbench (front bench)no
Baroness D'Souza Crossbench (front bench)no
Lord Dear Crossbench (front bench)no
Baroness Deech Crossbenchno
Lord Dykes Crossbenchno
Lord Evans of WeardaleCrossbenchno
Viscount Falkland Crossbenchno
Lord Fellowes Crossbench (front bench)no
Baroness Finlay of LlandaffCrossbenchno
Baroness Ford Crossbenchno
Baroness Greengross Crossbenchno
Lord Greenway Crossbenchno
Lord Hameed Crossbenchno
Lord Harries of PentregarthCrossbench (front bench)no
Lord Hastings of ScarisbrickCrossbenchno
Baroness Hayman Crossbenchno
Baroness Hogg Crossbenchno
Baroness Howe of IdlicoteCrossbenchno
Lord Janvrin Crossbench (front bench)no
Lord Kerr of KinlochardCrossbench (front bench)no
Lord Kilclooney Crossbenchno
The Earl of ListowelCrossbenchno
Lord Luce Crossbenchno
Lord Pannick Crossbench (front bench)no
Lord Rana Crossbenchno
Lord Rowe-Beddoe Crossbench (front bench)no
The Duke of SomersetCrossbenchno
Lord Sutherland of HoundwoodCrossbenchno
Lord Thomas of SwynnertonCrossbenchno
Lord Trees Crossbench (front bench)no
Baroness Watkins of TavistockCrossbench (front bench)no
Lord Wilson of TillyornCrossbenchno
Lord Woolf Crossbench (front bench)no
Lord Browne of BelmontDUPno
Lord Stoddart of SwindonIndependent Labourno
Baroness Tonge Independent Liberal Democrataye
Lord Brown of Eaton-under-HeywoodJudge (front bench)no
Baroness Kennedy of The ShawsLab (minister)aye
Lord Wood of AnfieldLab (minister)aye
Baroness Adams of CraigieleaLabno
Lord Alli Labno
Lord Anderson of SwanseaLabno
Baroness Andrews Lab (minister)no
Baroness Armstrong of Hill TopLab (minister)no
Lord Bassam of BrightonLab (minister)no
Lord Beecham Lab (minister)no
Baroness Billingham Labno
Baroness Blackstone Lab (minister)no
Lord Brooke of AlverthorpeLab (minister)no
Lord Brookman Labno
Lord Campbell-Savours Lab (minister)no
Lord Clarke of HampsteadLabno
Lord Clark of WindermereLabno
Lord Collins of HighburyLab (minister)no
Baroness Corston Labno
Lord Davidson of Glen ClovaLab (minister)no
Lord Davies of OldhamLab (minister)no
Lord Davies of StamfordLab (minister)no
Baroness Donaghy Lab (minister)no
Lord Donoughue Labno
Baroness Drake Lab (minister)no
Lord Drayson Labno
Lord Evans of WatfordLabno
Lord Faulkner of WorcesterLab (minister)no
Lord Foulkes of CumnockLab (minister)no
Baroness Gale Lab (minister)no
Lord Glasman Labno
Baroness Golding Labno
Lord Gordon of StrathblaneLabno
Baroness Goudie Lab (minister)no
Lord Grantchester Lab (minister)no
Lord Griffiths of Burry PortLab (minister)no
Lord Grocott Lab (minister)no
Lord Harris of HaringeyLab (minister)no
Lord Haskel Lab (minister)no
Lord Haworth Labno
Baroness Hayter of Kentish TownLab (minister)no
Baroness Healy of Primrose HillLabno
Baroness Henig Lab (minister)no
Lord Hollick Lab (minister)no
Baroness Hollis of HeighamLab (minister)no
Lord Howarth of NewportLabno
Baroness Howells of St DavidsLabno
Lord Hughes of WoodsideLabno
Lord Hutton of FurnessLabno
Lord Irvine of LairgLab (minister)no
Lord Jones Lab (minister)no
Baroness Jones of WhitchurchLab (minister)no
Lord Judd Lab (minister)no
Lord Kennedy of SouthwarkLab (minister)no
Lord Kirkhill Labno
Baroness Lawrence of ClarendonLab (minister)no
Lord Lea of CrondallLabno
Lord Lennie Lab (minister)no
Baroness Liddell of CoatdykeLabno
Lord Liddle Lab (minister)no
Lord Lipsey Lab (minister)no
Lord Maxton Lab (minister)no
Lord McAvoy Lab (minister)no
Baroness McIntosh of HudnallLab (minister)no
Lord McKenzie of LutonLab (minister)no
Lord Mendelsohn Lab (minister)no
Lord Monks Labno
Baroness Morgan of HuytonLab (minister)no
Lord Morris of HandsworthLab (minister)no
Baroness Morris of YardleyLabno
Lord Murphy of TorfaenLabno
Baroness Nye Labno
Lord O'Neill of ClackmannanLab (minister)no
Lord Patel of BradfordLabno
Lord Pendry Labno
Baroness Pitkeathley Lab (minister)no
Lord Prescott Labno
Baroness Prosser Lab (minister)no
Baroness Quin Lab (minister)no
Baroness Ramsay of CartvaleLabno
Lord Rooker Lab (minister)no
Lord Rosser Lab (minister)no
Baroness Royall of BlaisdonLabno
Viscount Simon Lab (minister)no
Baroness Smith of BasildonLab (minister)no
Lord Stone of BlackheathLabno
Baroness Symons of Vernham DeanLab (minister)no
Lord Taylor of BlackburnLabno
Lord Temple-Morris Labno
Lord Tomlinson Labno
Lord Touhig Lab (minister)no
Lord Tunnicliffe Lab (minister)no
Lord Watson of InvergowrieLab (minister)no
Lord Watts Lab (minister)no
Baroness Wheeler Lab (minister)no
Baroness Whitaker Labno
Lord Wills Labno
Lord Young of Norwood GreenLab (minister)no
Baroness Young of Old SconeLab (minister)no
Lord Addington LDem (front bench)aye
Lord Alderdice LDem (front bench)aye
Baroness Bakewell of Hardington MandevilleLDem (front bench)tellaye
Baroness Barker LDem (front bench)aye
Lord Beith LDem (front bench)aye
Baroness Benjamin LDem (front bench)aye
Baroness Bonham-Carter of YarnburyLDem (front bench)aye
Baroness Bowles of BerkhamstedLDem (front bench)aye
Lord Bradshaw LDemaye
Lord Bruce of BennachieLDemaye
Baroness Burt of SolihullLDem (front bench)aye
Lord Chidgey LDemaye
Lord Dholakia LDem (front bench)aye
Baroness Doocey LDem (front bench)aye
Lord Foster of BathLDem (front bench)aye
Lord Fox LDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
The Earl of GlasgowLDemaye
Lord Goddard of StockportLDem (front bench)aye
Lord Greaves LDem (front bench)aye
Baroness Grender LDem (front bench)aye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)tellaye
Lord Hussain LDemaye
Baroness Hussein-Ece LDem (front bench)aye
Baroness Janke LDem (front bench)aye
Baroness Jolly LDem (front bench)aye
Lord Jones of CheltenhamLDem (front bench)aye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Baroness Kramer LDem (front bench)aye
Lord Loomba LDemaye
Baroness Ludford LDem (front bench)aye
Lord Maclennan of RogartLDem (front bench)aye
Lord Marks of Henley-on-ThamesLDem (front bench)aye
Lord McNally LDemaye
Baroness Miller of Chilthorne DomerLDemaye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Oates LDem (front bench)aye
The Earl of Oxford and AsquithLDem (front bench)aye
Lord Paddick LDem (front bench)aye
Baroness Pinnock LDem (front bench)aye
Lord Purvis of TweedLDem (front bench)aye
Baroness Randerson LDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDemaye
Lord Roberts of LlandudnoLDemaye
Lord Rodgers of Quarry BankLDem (front bench)aye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Sharkey LDem (front bench)aye
Baroness Sheehan LDem (front bench)aye
Lord Shipley LDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Baroness Smith of NewnhamLDem (front bench)aye
Lord Stephen LDem (front bench)aye
Lord Stoneham of DroxfordLDemaye
Lord Storey LDem (front bench)aye
Lord Strasburger LDemaye
Lord Stunell LDemaye
Baroness Suttie LDem (front bench)aye
Lord Taverne LDemaye
Lord Taylor of Goss MoorLDemaye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Thomas of WinchesterLDem (front bench)aye
Baroness Thornhill LDemaye
Viscount Thurso LDemaye
Lord Tope LDemaye
Lord Tyler LDem (front bench)aye
Baroness Tyler of EnfieldLDem (front bench)aye
Lord Wallace of SaltaireLDem (front bench)aye
Baroness Walmsley LDem (front bench)aye
Lord Wrigglesworth LDemaye
Lord Campbell of PittenweemLDemno
Lord Carlile of BerriewLDemno
Lord Lee of TraffordLDemno
Lord Mackenzie of FramwellgateNon-affiliatedaye
Lord Ahmed Non-affiliatedno
Baroness Uddin Non-affiliatedno
Lord Wigley PCaye
Lord Empey UUP (front bench)no
Lord Rogan UUPno

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

The Whip on the Web

Help keep PublicWhip alive