My Lords, we discussed this issue in some detail on Report. As we previously made clear, the cause of action, or tort, provided for in Clause 8 is intended to replicate the safeguard in the Regulation of Investigatory Powers Act 2000. This focuses on circumstances where an individual’s communications are...

My Lords, we discussed this issue in some detail on Report. As we previously made clear, the cause of action, or tort, provided for in Clause 8 is intended to replicate the safeguard in the Regulation of Investigatory Powers Act 2000. This focuses on circumstances where an individual’s communications are...

Moved by

Lord Keen of Elie

2: Clause 41, page 34, line 28, leave out “to which the warrant relates” and insert “authorised or required by the warrant”

Moved by

Lord Keen of Elie

2: Clause 41, page 34, line 28, leave out “to which the warrant relates” and insert “authorised or required by the warrant”

My Lords, I will now address a series of government amendments which are minor and technical in nature. They aim to correct minor drafting oversights and inconsistencies within the Bill, as well as to clarify provisions and make minor consequential changes. Clause 41 contains special rules that apply for certain...

My Lords, I will now address a series of government amendments which are minor and technical in nature. They aim to correct minor drafting oversights and inconsistencies within the Bill, as well as to clarify provisions and make minor consequential changes. Clause 41 contains special rules that apply for certain...

I am obliged to the noble Lord, Lord Rooker, for making his point at this stage. This is an important Bill. It will update the framework for the use of investigatory powers to obtain communications for the foreseeable future. But it not only provides powers, it provides safeguards that are...

I am obliged to the noble Lord, Lord Rooker, for making his point at this stage. This is an important Bill. It will update the framework for the use of investigatory powers to obtain communications for the foreseeable future. But it not only provides powers, it provides safeguards that are...

Moved by

Lord Keen of Elie

3: Clause 41, page 34, line 41, leave out “to which the warrant relates” and insert “authorised or required by the warrant”

4: Clause 41, page 35, line 12, leave out “to which the warrant relates” and insert “authorised or required by the warrant”

Moved by

Lord Keen of Elie

3: Clause 41, page 34, line 41, leave out “to which the warrant relates” and insert “authorised or required by the warrant”

4: Clause 41, page 35, line 12, leave out “to which the warrant relates” and insert “authorised or required by the warrant”

Moved by

Lord Keen of Elie

6: Clause 56, page 45, line 20, leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner must”

Moved by

Lord Keen of Elie

6: Clause 56, page 45, line 20, leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner must”

My Lords, in moving this amendment I shall speak also to the other amendments in the group. This House has already discussed the important issue of legal privilege and whether the protections in the Bill for material that attracts privilege are adequate. At Report stage, the Government made a number...

My Lords, in moving this amendment I shall speak also to the other amendments in the group. This House has already discussed the important issue of legal privilege and whether the protections in the Bill for material that attracts privilege are adequate. At Report stage, the Government made a number...

Moved by

Lord Keen of Elie

7: Clause 56, page 45, line 22, after “impose” insert “one or more”

8: Clause 56, page 45, line 22, leave out “disclosure or otherwise making available” and insert “use or retention”

9: Clause 56, page 45, line 23, at end insert—

“(3A) If the Investigatory Powers Commissioner considers...

Moved by

Lord Keen of Elie

7: Clause 56, page 45, line 22, after “impose” insert “one or more”

8: Clause 56, page 45, line 22, leave out “disclosure or otherwise making available” and insert “use or retention”

9: Clause 56, page 45, line 23, at end insert—

“(3A) If the Investigatory Powers Commissioner considers...

Moved by

Lord Keen of Elie

10: Clause 118, page 96, line 13, after “the” insert “renewed”

Moved by

Lord Keen of Elie

10: Clause 118, page 96, line 13, after “the” insert “renewed”

Moved by

Lord Keen of Elie

11: Clause 132, page 109, line 19, leave out from “privilege” to end of line 21 and insert “which has been obtained under a targeted equipment interference warrant is retained, following its examination, for purposes other than the destruction of the item.”

12: Clause 132, page 109,...

Moved by

Lord Keen of Elie

11: Clause 132, page 109, line 19, leave out from “privilege” to end of line 21 and insert “which has been obtained under a targeted equipment interference warrant is retained, following its examination, for purposes other than the destruction of the item.”

12: Clause 132, page 109,...

Moved by

Lord Keen of Elie

16: Clause 154, page 127, line 11, after “privilege” insert “which has been”

17: Clause 154, page 127, line 18, leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (10B) applies to the item, the Commissioner must”

18: Clause 154,...

Moved by

Lord Keen of Elie

16: Clause 154, page 127, line 11, after “privilege” insert “which has been”

17: Clause 154, page 127, line 18, leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (10B) applies to the item, the Commissioner must”

18: Clause 154,...

Moved by

Lord Keen of Elie

21: Clause 159, page 130, line 27, leave out “such data” and insert “communications data obtained under the warrant”

Moved by

Lord Keen of Elie

21: Clause 159, page 130, line 27, leave out “such data” and insert “communications data obtained under the warrant”

Moved by

Lord Keen of Elie

22: Clause 169, page 136, line 39, leave out “obtained” and insert “as authorised or required”

Moved by

Lord Keen of Elie

22: Clause 169, page 136, line 39, leave out “obtained” and insert “as authorised or required”

Moved by

Lord Keen of Elie

23: Clause 170, page 137, line 3, leave out “169(3)” and insert “169(2)”

Moved by

Lord Keen of Elie

23: Clause 170, page 137, line 3, leave out “169(3)” and insert “169(2)”

Moved by

Lord Keen of Elie

24: Clause 195, page 157, line 42, leave out from “privilege” to first “the” in line 44 and insert “which has been obtained under a bulk equipment interference warrant is retained following its examination, for purposes other than the destruction of the item,”

25: Clause 195, page...

Moved by

Lord Keen of Elie

24: Clause 195, page 157, line 42, leave out from “privilege” to first “the” in line 44 and insert “which has been obtained under a bulk equipment interference warrant is retained following its examination, for purposes other than the destruction of the item,”

25: Clause 195, page...

Moved by

Lord Keen of Elie

29: Clause 224, page 177, line 41, leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (2B) applies to the item, the Commissioner must”

30: Clause 224, page 177, line 43, after “impose” insert “one or more”

31: Clause 224,...

Moved by

Lord Keen of Elie

29: Clause 224, page 177, line 41, leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (2B) applies to the item, the Commissioner must”

30: Clause 224, page 177, line 43, after “impose” insert “one or more”

31: Clause 224,...

Moved by

Lord Keen of Elie

33: Clause 273, page 226, line 1, leave out “and (3)” and insert “to (4)”

Moved by

Lord Keen of Elie

33: Clause 273, page 226, line 1, leave out “and (3)” and insert “to (4)”

Moved by

Lord Keen of Elie

34: Schedule 3, page 246, line 33, at end insert—

“( ) In sub-paragraph (3) “intercepted material” means—

(a) any content of an intercepted communication (within the meaning of section 57), or

(b) any secondary data obtained from a communication.”

Moved by

Lord Keen of Elie

34: Schedule 3, page 246, line 33, at end insert—

“( ) In sub-paragraph (3) “intercepted material” means—

(a) any content of an intercepted communication (within the meaning of section 57), or

(b) any secondary data obtained from a communication.”

Moved by

Lord Keen of Elie

35: Schedule 10, page 273, line 28, leave out sub-paragraph (3) and insert—

“(3) In paragraph (a) of the definition of “communication” omit “(except in the definition of “postal service” in section 2(1))”.”

36: Schedule 10, page 283, line 19, leave out “, or Chapter 3 of Part...

Moved by

Lord Keen of Elie

35: Schedule 10, page 273, line 28, leave out sub-paragraph (3) and insert—

“(3) In paragraph (a) of the definition of “communication” omit “(except in the definition of “postal service” in section 2(1))”.”

36: Schedule 10, page 283, line 19, leave out “, or Chapter 3 of Part...

Moved by

Lord Keen of Elie

Moved by

Lord Keen of Elie