Investigatory Powers Bill — Report (1st Day) — 11 Oct 2016 at 16:45
Moved by Lord Janvrin
1: Clause 1, page 1, line 5, at beginning insert-“( ) This Act sets out the extent to which certain investigatory powers may be used to interfere with privacy.”
Moved by Earl Howe
2: Clause 2, page 2, line 46, after “give” insert “or vary”
3: Clause 2, page 2, line 46, after “under” insert “Part 4 or”
4: Clause 2, page 2, line 46, leave out “or 229” and insert “, 229 or 233”
5: Clause 2, page 2, line 46, at end insert-“(ga) to approve the use of criteria under section 144, 180 or (Additional safeguards for items subject to legal privilege: examination),”
6: Clause 2, page 2, line 46, at end insert-“(gb) to give an authorisation under section 200(3)(b),(gc) to approve a decision to give such an authorisation,”
7: Clause 2, page 3, line 3, leave out “or (f)” and insert “, (f) or (gb)”
Moved by Earl Howe
10: Clause 2, page 3, line 6, at end insert-“(aa) whether the level of protection to be applied in relation to any obtaining of information by virtue of the warrant, authorisation or notice is higher because of the particular sensitivity of that information,”
Moved by Earl Howe
11: Clause 2, page 3, line 24, at end insert-“( ) For the purposes of subsection (2)(aa), examples of sensitive information include-(a) items subject to legal privilege,(b) any information identifying or confirming a source of journalistic information, and(c) relevant confidential information within the meaning given by paragraph 2(2) of Schedule 7 (certain information held in confidence and consisting of personal records, journalistic material or communications between Members of Parliament and their constituents).”
Moved by Lord Paddick
13: Before Clause 3, insert the following new Clause-“Investigatory powers: civil liberties board(1) An independent body, to be known as the investigatory powers: civil liberties board (referred to in this section as “the Board”), shall be established.(2) The Board’s primary purpose shall be to-(a) ensure that civil liberties are considered in the development and implementation of policy, legislation and executive action related to investigatory powers, and(b) analyse and review actions taken or proposed to be taken by the Government which relate to the use of investigatory powers, having regard to the need for such actions to be balanced with the need to protect privacy and civil liberties and the duties set out in section 2.(3) The Board shall be composed of a full-time chairman and four additional members who shall be appointed by the Secretary of State in consultation with the Investigatory Powers Commissioner and Independent Reviewer of Terrorism Legislation.(4) Members of the Board shall be selected on the basis of professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, and in no event shall more than three members of the Board be members of the same political party.(5) The Board-(a) shall have access to all relevant material (including classified information) held by any government department or agency;(b) may interview and take statements from personnel of any department and agency related to their functions;(c) may request information or assistance from any Government department or agency.(6) The Secretary of State may by regulations made by statutory instrument make provision for-(a) the payment of expenses and allowances to members;(b) the circumstances in which a person ceases to be a member;(c) the appointment of staff, their terms and conditions of employment and their pensions, allowances or gratuities.(7) The Board shall report to Parliament at least once annually on-(a) its activities and any recommendations; and(b) any other matters it considers appropriate.”
Moved by Baroness Hamwee
14: Schedule 1, page 201, line 33, after “hearing” insert “, at which he or she may be legally represented,”
Moved by Baroness Hollins
15: Clause 8, page 7, line 10, leave out “D” and insert “C”
Ayes 282, Noes 180.
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