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 |

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 (Not-Content)Minority (Content)Turnout
Con213 181.4%
Crossbench38 3038.9%
DUP5 0100.0%
Green0 2100.0%
Independent Labour0 1100.0%
Judge2 016.7%
Lab1 13273.5%
LDem0 7889.7%
Non-affiliated9 1744.1%
PC0 1100.0%
UUP1 050.0%
Total:269 26267.4%

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 Marlesford Conaye
Lord Adebowale Crossbenchaye
Lord Alton of LiverpoolCrossbench (front bench)aye
Lord Berkeley of KnightonCrossbenchaye
Lord Best Crossbenchaye
Baroness Boycott Crossbenchaye
Lord Butler of BrockwellCrossbench (front bench)aye
Baroness Cavendish of Little VeniceCrossbenchaye
Lord Chartres Crossbench (front bench)aye
The Earl of ClancartyCrossbench (front bench)aye
Baroness Cox Crossbenchaye
Lord Crisp Crossbenchaye
Baroness D'Souza Crossbench (front bench)aye
Baroness Greengross Crossbenchaye
Baroness Grey-Thompson Crossbench (front bench)aye
Lord Kerslake Crossbench (front bench)aye
Baroness Masham of IltonCrossbenchaye
Baroness Murphy Crossbenchaye
Baroness Neuberger Crossbenchaye
Baroness O'Loan Crossbench (front bench)aye
Lord Ramsbotham Crossbenchaye
Lord Rees of LudlowCrossbench (front bench)aye
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 Crossbenchaye
Lord Wilson of DintonCrossbenchaye
Lord Woolley of WoodfordCrossbenchaye
Baroness Worthington Crossbenchaye
Baroness Young of HornseyCrossbench (front bench)aye
Lord West of SpitheadLab (minister)no
Lord Austin of DudleyNon-affiliatedno
Lord Faulks Non-affiliated (front bench)no
Lord Gadhia Non-affiliatedno
Lord Lupton Non-affiliatedno
Lord Mann Non-affiliatedno
Lord Moore of EtchinghamNon-affiliatedno
Baroness Stuart of EdgbastonNon-affiliatedno
Lord Tyrie Non-affiliated (front bench)no
Lord Walney Non-affiliatedno

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

The Whip on the Web

Help keep PublicWhip alive