With this it will be convenient to discuss the following:
Amendment 23, in clause 36, page 22, line 22, leave out “Privacy and Civil Liberties Board” and insert “Counter Terrorism Oversight Panel”.
This would rename the body created by Clause 36.
Amendment 25, in clause 36, page 22, line 25, at end insert
“in accordance with the Code of Public Appointments”.
Amendment 26, in clause 36, page 22, line 32, at end insert—
“(i) the information-gathering powers of the board;
(j) reporting requirements, and the formulation of and consultation on an annual work plan;
(k) the access to such relevant classified material as may be required in order for the board to undertake its functions under subsection (1);”
This increases the points that have to be included in regulation brought forward by the Secretary of State to include information gathering powers, formulation of an annual work plan and relevant to classified material.
Amendment 8, in clause 36, page 22, line 32, at end insert—
“(3A) Regulations under section (3) shall include provision requiring the board to undertake an inquiry into the retention of and access to data relating to professions that operate under a duty of confidentiality.”
Amendment 9, in clause 36, page 22, line 34, at end insert—
“(4A) Regulations under section (3) shall provide for the membership of the board to include representatives of professions who operate under a duty of confidentiality.”
Amendment 10, in clause 36, page 23, line 9, at end insert—
““professions who operate under a duty of confidentiality” shall include, but not be limited to, journalists, legal representatives, medical professionals and Members of Parliament.”
Clause 36 stand part.
Clause 37 stand part.
Amendment 18, in clause 38, page 23, line 31, at end insert—
“(4A) The Secretary of State must consult with Welsh Ministers before making provisions under subsection (1) so far as relating to any Measure or Act of the National Assembly of Wales.
(4B) The Secretary of State must consult with Scottish Ministers before making provisions under subsection (1) so far as relating to any Act or instrument of the Scottish Parliament.
(4C) The Secretary of State must consult with the Northern Ireland Executive before making provisions under subsection (1) so far as relating to any Act or instrument of the Northern Ireland Assembly.”
This would ensure that the Secretary of State could not amend legislation from the Scottish Parliament or Welsh Assembly or Northern Ireland Assembly without first consulting with the Scottish or Welsh Governments or the Northern Ireland Executive.
Clauses 38 to 41 stand part.
Government amendment 12.
Clauses 42 and 43 stand part.
New clause 3—Intercept Evidence—use in legal proceedings—
“(1) Section 18 of the Regulation of Investigatory Powers Act 2000 (c.23) is amended as follows.
(2) After paragraph 1(f) insert—
“(g) any proceedings relating to an offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence triable only on indictment (“an indictable-only offence”) under section 51 of the Crime and Disorder Act 1998.””
This new Clause removes the exclusion of intercept evidence from legal proceedings in criminal prosecutions.
New clause 7—Review of Intelligence and Security Committee of Parliament resources and powers—
“The Secretary must, within a reasonable time period, consult the Intelligence and Security Committee of Parliament and lay a report before Parliament within six months of the commencement of this Act, on the resources and powers of the Intelligence and Security Committee of Parliament.”