Moved by
Viscount Colville of Culross
25: After Clause 14, insert the following new Clause—
“Protection for journalistic sources, materials and activities
(1) Save in the exceptional circumstances identified in subsection (2), the regimes provided for by Parts 2 to 7 may not be used to access, obtain, record, hold, consider, analyse, disclose or otherwise deal with information, material or data—
(a) of, or concerning, the activities relating to journalistic information, or
(b) if the purpose of so doing is to obtain information identifying a journalistic source.
(2) The exceptional circumstances referred to in subsection (1) are—
(a) the case is one of great emergency,
(b) immediate action is necessary, and
(c) the relevant investigatory powers under the regimes provided by Parts 2 to 7 can be used lawfully having regard to those provisions.
(3) In any case where the regimes provided for by Parts 2 to 7 are disapplied by subsection (1), any person who could otherwise have sought to use one of the investigatory powers specified therein may apply to a judge for an order allowing that person to access, obtain, record, hold, consider, analyse, disclose or otherwise deal with such information, material or data in a way provided for by Parts 2 to 7.
(4) An application for an order under subsection (3) shall be made on notice to the media organisation affected unless the judge determines that an application without such notice is required in order to avoid prejudice to the investigation.
(5) Paragraphs 7 to 9 of Schedule 1 to the Police and Criminal Evidence Act 1984 shall apply in relation to the service of a notice of application for an order under subsection (1) as if the application were for an order under Schedule 1 to the Police and Criminal Evidence Act 1984.
(6) Criminal Procedure Rules may make provision about proceedings under this section where the judge determines that an application without such notice is required.
(7) A judge may only make an order under subsection (3) if the person making the application has convincingly established that—
(a) the order is directed towards one or more of the legitimate aims specified in Article 10.2 of the European Convention on Human Rights,
(b) there is an overriding public interest necessitating the order,
(c) reasonable alternative measures to the order do not exist or have been exhausted, and
(d) the order is proportionate to the legitimate aim or aims being pursued.
(8) The costs of any application under subsection (3) and of anything done or to be done in pursuance of an order as a result of the application is to be at the discretion of the judge.”