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Terrorism Bill

had given notice of his intention to move Amendment No. 79:"After Clause 25, insert the following new clause—" ““INTERCEPTION OF COMMUNICATIONS (1)   The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows. (2)   In section 5(3)(b) for the words ““or detecting”” substitute ““detecting or prosecuting””. (3)   In section 17(1) after the words ““Subject to section 18”” insert ““and section 18A””. (4)   After section 18 insert— ““18A   EVIDENCE (1)   Notwithstanding section 17, evidence of— (a)   the contents of an intercepted communication, and (b)   communications data, shall be admissible in criminal proceedings to which this section applies. (2)   This section applies to— (a)   proceedings in respect of serious crime; (b)   proceedings in respect of an offence or offences relating to terrorism. (3)   An application for permission to introduce such evidence may be made by the prosecution for the purposes of conducting a criminal prosecution to which this section applies, and not otherwise. (4)   Unless and until an application has been made by the prosecution in any such proceedings, the provisions of section 17 shall continue to apply in connection with those proceedings. (5)   In deciding whether to admit evidence under this section, the court shall take account of all relevant considerations, including in particular— (a)   any application by the Secretary of State to withhold the evidence or part of the evidence on the grounds that its disclosure, or the disclosure of facts relating to the obtaining of the evidence, would be contrary to the public interest, and (b)   any submission that the evidence was obtained unlawfully.”””” The noble and learned Lord said: My Lords, at Second Reading and in Committee, we were told that the Government were considering the interception of communications and whether such evidence should be admissible. We were also told that their response would be available by the end of 2005. We have not yet had their response. In those circumstances, it does not seem worthwhile arguing the point yet again until we know what the Government think. Therefore, I do not move the amendment now but hope to be able to do so when we consider later in the Session the Prevention of Terrorism Act 2005. [Amendment No. 79 not moved.] Clause 28 [Search, seizure and forfeiture of terrorist publications]: