Covert Human Intelligence Sources (Criminal Conduct) Bill — Report (2nd Day) — Amendment 42 — 13 Jan 2021 at 20:15

Moved by Baroness Whitaker

42: After Clause 4, insert the following new Clause-“Commissioner approval for authorisations to identify or confirm journalistic sources (1) Subsection (2) applies if a designated person has granted a criminal conduct authorisation for the purposes of identifying or confirming a source of journalistic information.(2) The authorisation is not to take effect until such time (if any) as a Judicial Commissioner has approved it.(3) A Judicial Commissioner may approve the authorisation if, and only if, the Judicial Commissioner considers that-(a) at the time of the grant, there were reasonable grounds for considering that the requirements of this Part were satisfied in relation to the authorisation, and(b) at the time when the Judicial Commissioner is considering the matter, there are reasonable grounds for considering that the requirements of this Part would be satisfied if an equivalent new authorisation were granted at that time.(4) In considering whether the position is as mentioned in subsection (3)(a) and (b), the Judicial Commissioner must, in particular, have regard to-(a) the public interest in protecting a source of journalistic information, and(b) the need for there to be another overriding public interest before a relevant public authority seeks to identify or confirm a source of journalistic information.(5) Where the Judicial Commissioner refuses to approve the grant of the authorisation, the Judicial Commissioner may quash the authorisation.(6) This subsection applies to all authorisations pertaining to sensitive journalistic information, material or communications data, other than when the authorising officer has a reasonable belief that any delay in the authorisation would cause an immediate threat to life, in which case the authorisation may only be granted-(a) by an official at a senior level in the agency concerned, and(b) where appropriate safeguards relating to the handling, retention, use and disclosure of the material are in place.(7) The Secretary of State may by regulations made by statutory instrument determine the appropriate agency under subsection (6)(a).(8) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(9) Any authorisation granted under subsection (6) must be reported to the Investigatory Powers Commissioner within seven days, specifying any sensitive journalistic information, material or communications data that has been obtained, or retained other than for purposes of destruction.(10) In this section “journalistic material” means material created or acquired for the purposes of journalism.”

Ayes 262, Noes 269.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Con4 19868.0%
Crossbench27 3631.2%
DUP0 360.0%
Green2 0100.0%
Independent Liberal Democrat1 0100.0%
Judge0 213.3%
Lab133 159.6%
LDem79 174.1%
Non-affiliated8 231.3%
PC1 050.0%
UUP0 150.0%
Total:255 24456.0%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

Lord Bowness Conaye
Baroness Cavendish of Little VeniceConaye
Lord Inglewood Con (front bench)aye
Lord Marlesford Conaye
Lord Adebowale Crossbenchaye
Lord Alton of LiverpoolCrossbench (front bench)aye
Lord Berkeley of KnightonCrossbenchaye
Lord Best Crossbenchaye
Baroness Boycott Crossbench (front bench)aye
Lord Butler of BrockwellCrossbench (front bench)aye
Lord Chartres Crossbench (front bench)aye
The Earl of ClancartyCrossbench (front bench)aye
Baroness Cox Crossbenchaye
Lord Crisp Crossbenchaye
Baroness Greengross Crossbenchaye
Baroness Grey-Thompson Crossbenchaye
Lord Kerslake Crossbench (front bench)aye
Baroness Masham of IltonCrossbenchaye
Baroness Murphy Crossbenchaye
Baroness Neuberger Crossbenchaye
Baroness O'Loan Crossbenchaye
Lord Ramsbotham Crossbenchaye
Lord Rees of LudlowCrossbenchaye
The Earl of SandwichCrossbench (front bench)aye
Lord Singh of WimbledonCrossbench (front bench)aye
The Duke of SomersetCrossbenchaye
Lord Stern of BrentfordCrossbench (front bench)aye
Lord Trevethin and Oaksey Crossbench (front bench)aye
Lord Wilson of DintonCrossbenchaye
Lord Woolley of WoodfordCrossbenchaye
Baroness Young of HornseyCrossbench (front bench)aye
Lord West of SpitheadLab (minister)no
Baroness Nicholson of WinterbourneLDemno
Lord Mann Non-affiliatedno
Lord Tyrie Non-affiliated (front bench)no

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