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Serious Crime Bill [HL]

moved Amendment No. 122: 122: After Schedule 11, insert the following new Schedule— ““Intercept evidence Admissibility of intercept and metering evidence "1 (1) Notwithstanding section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23) (““RIPA””), evidence of—" (a) the contents of an intercepted communication (““intercept evidence””), and (b) communications data (““metering evidence””), "shall be admissible in criminal proceedings to which this paragraph applies.""(2) This paragraph 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 intercept evidence or metering evidence, or both, may be made by the prosecution for the purpose of conducting a criminal prosecution to which this paragraph 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 of RIPA (exclusion of matters from legal proceedings) shall continue to apply in connection with those proceedings." Considerations for allowing intercept or metering evidence "2 In deciding whether to admit intercept or metering evidence 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 ground 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. Interpretation "3 In this Schedule—""““communications data”” has the same meaning as insection 21(4) of RIPA;""““intercepted communication”” has the same meaning as in section 4 of RIPA;""““RIPA”” means the Regulation of Investigatory Powers Act 2000 (c. 23);""““serious crime”” has the same meaning as insection 81(2)(b) of RIPA;""““terrorism”” has the same meaning as in the Terrorism Act 2000 (c. 11)." Minor and consequential amendments "4 (1) In section 5(3)(b) of RIPA, for the words ““or detecting”” substitute ““, detecting or prosecuting””.""(2) In section 17(1) of RIPA, after the words ““Subject to section 18”” insert ““and the provisions of Schedule 1 to the Serious Crime Act 2007””.””" The noble Lord said: My Lords, we debated this amendment with Amendment No. 21, on which the House divided last Wednesday. I beg to move. On Question, amendment agreed to. Clause 76 [Orders of the Secretary of State and the Scottish Ministers]: [Amendments Nos. 123 to 126 not moved.] Clause 77 [Supplementary, incidental and consequential provision]: [Amendment No. 127 not moved.] Clause 78 [Transitional and transitory provisions and savings]: [Amendment No. 128 not moved.] Schedule 12 [Transitional and transitory provisions and savings]: