Crime (Overseas Production Orders) Bill [Lords] — Clause 1 -Journalistic Protections — Production Orders Requested by Overseas Authorities — 30 Jan 2019 at 15:30

The majority of MPs voted not to apply UK safeguards relating to state access to journalistic data when such material is requested by other countries or territories.

MPs were considering the Crime (Overseas Production Orders) Bill^[1].

The proposed amendment rejected in this vote was:

• Amendment 18, page 2, line 3, at end insert—
• “(5A) The Secretary of State may only make regulations designating an international agreement under subsection (5) where that agreement—
• (a) provides for safeguards and special procedures in respect of applications by competent authorities of a country or territory other than the United Kingdom for orders in respect of journalistic data and confidential journalistic data that are equivalent to those in this Act, and
• (b) provides for at least as much protection for freedom of expression and the protection of journalists’ rights sources as Article 10 of the European Convention on Human Rights and section 10 of the Contempt of Court Act 1981.”

The rejected amendment was accompanied by the following explanatory statement:

• This amendment would seek to ensure that the terms on which other states may access electronic data held in the UK mirror the UK’s own safeguards for press freedom.

Had it not been rejected the amendment would have impacted Clause 1 of the Bill^[2], which began:

• "A judge may, on an application by an appropriate officer, make an overseas production order against a person in respect of electronic data if ..."
• [1] Parliament's webpage on the Crime (Overseas Production Orders) Bill [HL 2017-19, Parliament.uk]
• [2] Clause 1 of the Bill as referred to by the amendment, Parliament.uk website

Debate in Parliament |