Regulation of Investigatory Powers Bill — Persons entitled to grant authorisations under — 8 May 2000

I beg to move amendment No. 21, in page 6, line 21, leave out from "question" to end of line 24 and insert--

'(d) the situation is one in relation to which such further conditions as may be prescribed by regulations made by the Secretary of State are required to be satisfied before conduct may be treated as authorised by virtue of this subsection; and

(e) the conditions so prescribed are satisfied in relation to that situation.'.

Amendment agreed to.

I beg to move amendment No. 60, in page 7, line 26, leave out "the Secretary of State" and insert "a judge".

Mr. Deputy Speaker:

With this it will be convenient to discuss the following: Amendment No. 61, in page 7, line 45, leave out "The Secretary of State" and insert "a judge".

selected for the purposes of this section.

any such other person as the Secretary of State may by order designate for the purposes of this subsection.

expressly authorised the issue of the warrant.

Amendment, by leave, withdrawn .

Amendments made: No. 64, in page 8, line 44, leave out paragraph (i) and insert--

'(i) the Chief of Defence Intelligence;'.

No. 22, in page 9, leave out lines 4 to 9.

No. 23, in page 9, line 13, leave out subsection (5).-- [Jane Kennedy.]

Amendment made: No. 24, in page 14, line 41, at end insert--

'(6A) The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.-- [Jane Kennedy.]

Amendment made: No. 25, in page 15, line 28, at end insert--

'( ) It shall be the duty of the Secretary of State to ensure that arrangements are in force for securing that persons on whom obligations are imposed by virtue of an order under section 12 receive, by way of payments under this section, such contributions as he thinks appropriate towards the costs incurred, or likely to be incurred, by them in complying with requirements to provide assistance with giving effect to interception warrants.'.-- [Jane Kennedy.]

I beg to move amendment No. 49, in page 19, line 4, after "Tribunal", insert--

'( ) any proceedings on an appeal or review for which provision is made by an order under section 58(7);'.

Amendment agreed to.

Amendment made: No. 36, in page 21, line 44, leave out "authorised-" and insert--

'confined to a disclosure made to the Interception of Communications Commissioner or authorised--

( ) by that Commissioner;'.-- [Mr. Betts.]

I beg to move amendment No. 14, in page 23, line 45, leave out from "health" to end of line 3 on page 24.

Mr. Deputy Speaker:

With this it will be convenient to discuss amendment No. 58, in page 24, line 21, at end insert--

Most of the City institutions do not appear particularly concerned by the Human Rights issues. Their main concern is over the uncertainty as to who will have what rights of access to their data and communications and the risk of criminal access under guise of a warrant or via the law enforcement agencies themselves.

obtained on grounds falling within those specified in subsection (2) shall not be subsequently used or disclosed for any other purpose.

the collection of any tax or duty or of any imposition of a similar nature.

for the purpose, in circumstances appearing to the Secretary of State to be equivalent to those in which he would issue a warrant by virtue of--

giving effect to the provision of any international mutual assistance agreement.

On Thursday I attended a City event and had my ear bent as to why the debate on the RIP Bill was on the Civil Liberties issues with little/no mention of the threat to the UK position in international business-to-business e-business and the City Institutions and Large Multinationals who--

he claims--

are quietly moving . . . operations out of the UK to avoid being caught by the Bill.

Most of the City institutions do not appear particularly concerned by the Human Rights issues.

of assessing or collecting any tax, duty, levy or other imposition,

in an emergency . . . preventing death or injury or any damage to a person's physical or mental health.

In Committee, I gave an example of a case in which that might apply: a child telephones the emergency services to say that a parent has collapsed, but is unable to give the address. I agree that such cases do not often occur, but they are important. I emphasise that the whole purpose of the Bill is to extend the protection of the European convention on human rights.

personal data shall be obtained only for one or more specified purpose, and shall not be further processed in any manner incompatible with that purpose or those purposes.

Amendment, by leave, withdrawn.

I beg to move amendment No. 59, in page 31, line 39, leave out subsection (4) and insert--

'(4) In subsection (1) "relevant public authority" means any of the organisations listed in Schedule ( Relevant public authorities ).

(4A) The Secretary of State may by order add any other public authority to Schedule ( Relevant public authorities ).

Public Authority Directed Surveillance Use of Covert Sources

Police forces, including: Y Y

British Transport Police Y Y

Ministry of Defence Police Y Y

Service Police Y Y

National Crime Squad Y Y

National Criminal Y Y

Intelligence Service Y Y

HM Customs & Excise Y Y

Security Service Y Y

Intelligence Services (Secret Intelligence Service, GCHQ) Y Y

Ministry of Defence/Armed Forces Y Y

Home Office: Prison Service Immigration Service Y Y

Department of Social Security: Benefits Agency Y Y

Inland Revenue Y\ Y

Department of Health: Medical Devices Agency Y

Food Standards Agency Y

Medicine Control Agency Y

High Security Hospitals Y

NHS Estates Y

NHS Fraud Y

Royal Pharmaceutical Society Department of Trade and Industry: Y

Radio Communications Agency

Export Services Directorate Y

Post Office Y

Department of the Environment, Transport and the Regions: Transport Security (Transec) Y

Vehicle Inspectorate Y Y

Environment Agency Y Y

Ministry of Agriculture, Fisheries and Food: Sea Fisheries Inspectorate

Centre for Environment Fisheries & Aquaculture Science (CEFAS)

Veterinary Laboratory

Veterinary Medicines Directorate, Y

Farming & Rural Conservation Agency Y

Central Science Laboratory Y Y

Pesticides Safety Directorate Y Y

Meat Hygiene Service Y Y

Health and Safety Executive Y

Serious Fraud Office Y Y

Financial Services Authority Y Y

Local authorities (as defined in Local Government Act 1999)

any such public authority not falling within paragraphs (a) to (g) as may be specified for the purposes of this section by an order made by the Secretary of State.

Amendment, by leave, withdrawn .

Remaining Government amendments agreed to .

Order for Third Reading read.

I beg to move, That the Bill be now read the Third time.

It being Ten o'clock, the debate stood adjourned.

Motion made, and Question put forthwith, pursuant to Standing Order No. 15 (Exempted business),

That, at this day's sitting, the Regulation of Investigatory Powers Bill may be proceeded with, though opposed, until any hour.-- [Mr. Betts.]

Question agreed to.

Question again proposed, That the Bill be now read the Third time.

I beg to move,

That this House, whilst agreeing with the Government's intention to provide and regulate investigatory powers, declines to give a Third Reading to the Regulation of Investigatory Powers Bill, because it fails to give crimefighters the powers they need, imposes unspecified and potentially costly burdens on Internet service providers without adequate protection against over-regulation and creates an offence repugnant to justice.

President Clinton and Vice President Al Gore have detected the growing political appeal of personal privacy in a time of data rape.

to get on with legislation to stem the tide of snooping.

imposes unspecified and potentially costly burdens on Internet service providers.

creates an offence repugnant to justice.

A sound judgment as to whether the burden which he has to discharge is an unreasonable one is unlikely to be possible until the facts are known.

imposes unspecified and potentially costly burdens on Internet service providers

Question put , That the amendment be made:--

The House divided: Ayes 139, Noes 330.

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