Anti-social Behaviour, Crime and Policing Bill — Report (3rd Day) — 20 Jan 2014 at 16:33

Amendment 92A

Moved by Baroness Smith of Basildon (Lab)

92A: Before Clause 111, insert the following new Clause-

“Long-term police authorisation requiring independent approval

(1) The Regulation of Investigatory Powers Act 2000 is amended as follows.

(2) After section 32A (authorisations requiring judicial approval) insert-

“32AA Long-term police authorisations requiring independent approval

(1) This section applies where a relevant person has granted a long-term authorisation under section 29.

(2) The authorisation is not to take effect until such time (if any) as the relevant independent body has made an order approving the grant of the authorisation.

(3) The relevant independent body may give approval under this section to the granting of an authorisation under section 29 if, and only if, the relevant independent body is satisfied that-

(a) at the time of the grant-

(i) there were reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b) are satisfied in relation to that authorisation, and

(ii) the relevant conditions were satisfied in relation to that authorisation, and

(b) at the time when the relevant independent body is considering the matter, there remain reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b) are satisfied in relation to that authorisation.

(4) For the purposes of subsection (3), the relevant conditions in relation to a grant by an individual holding an office, rank or position in a relevant law enforcement agency are that-

(a) the individual was a designated person for the purposes of section 29,

(b) the grant of an authorisation was not in breach of any prohibition imposed by virtue of section 29(7)(a) or any restriction imposed by virtue of section 30(3), and

(c) any other conditions that may be provided for by the Secretary of State were satisfied.

(5) In this section-

“relevant law enforcement authority” means-

(a) a police force in the United Kingdom, and

(b) the National Crime Agency;

“relevant judicial authority” means-

(a) in relation to England and Wales, the High Court of Justice in England and Wales,

(b) in relation to Scotland, the Court of Session, and

(c) in relation to Northern Ireland, the High Court of Justice in Northern Ireland;

“relevant person” means-

(a) an individual holding an office, rank or position in a police force in the United Kingdom, and

(b) an individual holding an office, rank or position in the National Crime Agency.

(6) In this section-

“relevant independent body” must be defined by the Home Secretary in a motion passed by both Houses of Parliament before this section is enacted;

“long-term” must be defined by the Home Secretary in a motion passed by both Houses of Parliament before this section is enacted.””

Debate in Parliament | Source |