UK Parliament / Open data

Investigatory Powers Bill

Lords committee stage third day. Clauses 58 to 125 agreed to, with clauses 58, 59, 61, 63, 64, 80, 83, 88, 96 to 98, 100, 102, 109 114 agreed to as amended. Schedules 4, 5, and 6 agreed to. Part 1 of 2.
Type
Parliamentary proceeding
Reference
774 cc536-601 
Session
2016-17
Department
Home Office
Legislative stage
Committee stage
Procedure
New clauses
Chamber / Committee
House of Lords chamber
Draft Investigatory Powers Bill. Draft Investigatory Powers Bill Joint Committee report.
Wednesday, 3 February 2016
Parliamentary committees
House of Lords
House of Commons
Legislative scrutiny: Investigatory Powers Bill. Human Rights Joint Committee first report with formal minutes.
Wednesday, 25 May 2016
Parliamentary committees
House of Lords
House of Commons
Investigatory Powers Bill 2015-16 to 2016-17
Wednesday, 8 June 2016
Bills
House of Lords
Delegated Powers and Regulatory Reform Committee second report.
Wednesday, 6 July 2016
Parliamentary committees
House of Lords

Show all related items (6)
Investigatory Powers Bill. Constitution Committee (HL) third report.
Friday, 8 July 2016
Parliamentary committees
House of Lords
Investigatory Powers Bill
Tuesday, 19 July 2016
Parliamentary proceedings
House of Lords
Proceeding contributions
Lord Keen of Elie | 774 c536 (Link to this contribution)

Moved by

Lord Keen of Elie

115: Clause 58, page 46, line 7, at end insert—

“(za...

Lord Keen of Elie | 774 cc536-7 (Link to this contribution)

My Lords, we recognised during the passage of the Bill thus far that care must be applied to the ...


Show all contributions (130)
Lord Paddick | 774 c537 (Link to this contribution)

My Lords, the restrictions on using internet connection records set out in these amendments are w...

Lord Rosser | 774 cc537-8 (Link to this contribution)

We welcome the spirit of the Government’s amendments, which, as the noble and learned Lord said, ...

Lord Keen of Elie | 774 c538 (Link to this contribution)

My Lords, I am obliged to the noble Lord. I welcome the suggestion that we are at least heading i...

Lord Paddick | 774 c538 (Link to this contribution)

Moved by

Lord Paddick

116: Clause 58, page 46, line 40, leave out “, in particular,” ...

Lord Paddick | 774 cc538-9 (Link to this contribution)

My Lords, I shall speak to Amendment 116 in my name and that of my noble friend Lady Hamwee. We a...

Baroness Hayter of Kentish Town | 774 c539 (Link to this contribution)

My Lords, I have added my name to Amendment 154 and will not repeat what has been said about it. ...

Earl Howe | 774 cc539-540 (Link to this contribution)

My Lords, as the noble Lord, Lord Paddick, has explained, these three amendments all deal with th...

Lord Paddick | 774 c540 (Link to this contribution)

I am grateful to the Minister for his explanation and am encouraged by the promise of government ...

Earl Howe | 774 c540 (Link to this contribution)

Moved by

Earl Howe

117: Clause 58, page 47, line 7, leave out “and proportionate”

...
Lord Lucas | 774 c540 (Link to this contribution)

Moved by

Lord Lucas

119: Clause 58, page 47, line 12, at end insert—

“( ) for t...

Lord Lucas | 774 c541 (Link to this contribution)

My Lords, in moving Amendment 119, I will also address Amendment 202 in this group. At Second Rea...

Earl Howe | 774 cc541-2 (Link to this contribution)

My Lords, Clause 58 is the first clause of Part 3 of the Bill and deals with the targeted obtaini...

Lord Lucas | 774 c542 (Link to this contribution)

My Lords, I thank my noble friend for his reply. I am not surprised but disappointed, but I shall...

Earl Howe | 774 c542 (Link to this contribution)

Moved by

Earl Howe

120: Clause 58, page 47, line 33, at end insert—

“( ) The fa...

Earl Howe | 774 cc543-4 (Link to this contribution)

Moved by

Earl Howe

123: After Clause 58, insert the following new Clause—

“Rest...

Earl Howe | 774 c544 (Link to this contribution)

Moved by

Earl Howe

124: Clause 59, page 48, line 1, at beginning insert “the investig...

Earl Howe | 774 c544 (Link to this contribution)

My Lords, in moving Amendment 124 I shall speak also to Amendment 127. We consider the requiremen...

Lord Paddick | 774 c544 (Link to this contribution)

My Lords, my noble friend Lady Hamwee and I have Amendment 126 in this group. It attempts to chal...

Earl Howe | 774 c545 (Link to this contribution)

My Lords, Amendment 126, as the noble Lord, Lord Paddick, has just explained, concerns the indepe...

Lord Paddick | 774 c545 (Link to this contribution)

I am grateful to the noble Earl for giving way. We entirely accept that some public authorities w...

Earl Howe | 774 c545 (Link to this contribution)

I am very grateful to the noble Lord. He is right: in some small public authorities there will be...

Lord Paddick | 774 c545 (Link to this contribution)

I would just add that we do not disagree that a public authority may be so small that there is no...

Earl Howe | 774 c546 (Link to this contribution)

Moved by

Earl Howe

127: Clause 59, page 48, line 2, leave out “being” and insert “is”...

Earl Howe | 774 c546 (Link to this contribution)

Moved by

Earl Howe

130: Clause 61, page 49, line 21, after “authorisation” insert “—<...

Lord Paddick | 774 c546 (Link to this contribution)

Moved by

Lord Paddick

134: Clause 63, page 50, line 15, after “may” insert “by regula...

Lord Paddick | 774 cc546-7 (Link to this contribution)

My Lords, in moving Amendment 134, which is in my name and that of my noble friend Lady Hamwee, I...

Lord Lucas | 774 cc547-8 (Link to this contribution)

My Lords, I have Amendments 141 and 143 in this group. I very much share the concern of the noble...

Lord Strasburger | 774 c548 (Link to this contribution)

My Lords, I shall speak briefly on the amendments on the request filter. Along with internet conn...

Baroness Hayter of Kentish Town | 774 c548 (Link to this contribution)

My Lords, I shall use the opportunity that arises from Amendments 140 and 146A to ask the Ministe...

Lord Butler of Brockwell | 774 c549 (Link to this contribution)

My Lords, I find the amendment moved by the noble Lord, Lord Paddick, difficult to understand. He...

Lord Keen of Elie | 774 cc549-552 (Link to this contribution)

My Lords, Clauses 63 to 65 provide that the Secretary of State may establish, maintain and operat...

Lord Paddick | 774 c552 (Link to this contribution)

My Lords, I thank the Minister for his response. We were concerned that the privacy provision in ...

Earl Howe | 774 c552 (Link to this contribution)

Moved by

Earl Howe

136: Clause 63, page 50, line 18, leave out from “the” to “or” in ...

Earl Howe | 774 c553 (Link to this contribution)

Moved by

Earl Howe

139: Clause 64, page 51, line 31, leave out from “the” to “conside...

Lord Paddick | 774 c553 (Link to this contribution)

Moved by

Lord Paddick

145: Clause 67, page 53, line 38, leave out “add a public autho...

Lord Paddick | 774 c553 (Link to this contribution)

My Lords, Amendments 146 and 147 in this group are also in my name and the name of my noble frien...

Earl Howe | 774 cc553-5 (Link to this contribution)

My Lords, these amendments all concern the public authorities that are able to acquire communicat...

Lord King of Bridgwater | 774 c555 (Link to this contribution)

Obviously, this is a very important area, which has given rise to a lot of public concern about h...

Earl Howe | 774 c555 (Link to this contribution)

My Lords, I was referring to the procedure relating to the enhanced affirmative process. That pro...

Lord Paddick | 774 c556 (Link to this contribution)

I am grateful for the noble Earl’s explanation. The noble Lord, Lord King of Bridgwater, raised t...

Lord Strasburger | 774 c556 (Link to this contribution)

Moved by

Lord Strasburger

147A: After Clause 72, insert the following new Clause—

...
Lord Strasburger | 774 cc556-7 (Link to this contribution)

My Lords, I rise to speak to Amendment 147A in my name and that of my noble friend Lord Paddick. ...

Lord Paddick | 774 cc557-9 (Link to this contribution)

My Lords, I wish to speak to Amendment 156A in my name and that of my noble friend Lady Hamwee. B...

Lord King of Bridgwater | 774 c559 (Link to this contribution)

I understand the importance of safeguards, but the noble Lord’s thrust is that he is against the ...

Lord Paddick | 774 cc559-560 (Link to this contribution)

I am grateful for the chance to clarify my position. That is my position: we disagree with the co...

Lord Murphy of Torfaen | 774 c560 (Link to this contribution)

My Lords, the noble Lord, Lord King, touched on the issue of the Joint Committee. It may be usefu...

Lord Strasburger | 774 cc560-2 (Link to this contribution)

My Lords, I rise to speak to Amendment 156A and cite the simple facts about internet connection r...

Lord King of Bridgwater | 774 c563 (Link to this contribution)

My Lords, I will speak briefly. The Committee has listened with great interest to the noble Lord,...

Lord Oates | 774 c563 (Link to this contribution)

My Lords, I will speak in support of Amendment 156A but I also support Amendment 147A, which was ...

Lord King of Bridgwater | 774 c564 (Link to this contribution)

Does the noble Lord not remember that some of us tried to anticipate some of these problems and b...

Lord Oates | 774 c564 (Link to this contribution)

If the noble Lord had been in his place at Second Reading, he would have heard me give exactly th...

Lord Strasburger | 774 c564 (Link to this contribution)

I assure my noble friend and the noble Lord, Lord King, that the report by the Joint Committee wa...

Lord King of Bridgwater | 774 c564 (Link to this contribution)

If the noble Lord looks at the report, he will see that the paragraphs that I referred to were un...

Lord Evans of Weardale | 774 c565 (Link to this contribution)

My Lords, I was slightly puzzled by the comments from the noble Lord, Lord Paddick, suggesting th...

Lord Paddick | 774 c565 (Link to this contribution)

I did not say that. Perhaps I can assist the Committee. What I said was that the security service...

Lord Evans of Weardale | 774 cc565-6 (Link to this contribution)

I apologise if I misunderstood the reference to GCHQ and the National Crime Agency and the way in...

Bishop of Chester | 774 cc566-7 (Link to this contribution)

My Lords, I, too, was a member of the Joint Committee. This is the first time I have spoken on th...

Lord Carlile of Berriew | 774 cc567-8 (Link to this contribution)

My Lords, after a good deal of thought, my conclusion is that I support the conclusions of the Jo...

Baroness Butler-Sloss | 774 c568 (Link to this contribution)

My Lords, I have not spoken at all on this Bill so far but I should like to make a practical poin...

Lord Rosser | 774 cc568-9 (Link to this contribution)

My Lords, I shall be very brief. As has been said, the provisions of this Bill have been subject ...

Lord Keen of Elie | 774 c569 (Link to this contribution)

My Lords, Amendment 156A seeks to prevent the retention of internet connection records. The Commi...

Lord Oates | 774 c569 (Link to this contribution)

Does the Minister accept that the point is not just that we are in front of other common-law juri...

Lord Keen of Elie | 774 c570 (Link to this contribution)

I invite the noble Lord to have a little more confidence in the parliamentary procedures in the U...

Lord Keen of Elie | 774 c570 (Link to this contribution)

Not just yet. The fact that other jurisdictions may have taken a different view is to be noticed ...

Lord Paddick | 774 c570 (Link to this contribution)

This Committee is part of the process of the scrutiny of legislation, and therefore this House sh...

Lord Keen of Elie | 774 cc570-3 (Link to this contribution)

I am most obliged to the noble Lord for his intervention. Of course, I did not accompany him to t...

Lord Oates | 774 c573 (Link to this contribution)

The Minister may have given an impression, which I am sure he did not intend, that by scrutinisin...

Lord Keen of Elie | 774 c573 (Link to this contribution)

No doubt noble Lords are cognisant of the three reports and the Joint Committee’s recommendations...

Lord Strasburger | 774 c573 (Link to this contribution)

My Lords, I thank the House for an interesting and lively debate, which this subject absolutely d...

Lord Paddick | 774 c574 (Link to this contribution)

Moved by

Lord Paddick

150: Clause 77, page 61, line 6, leave out from “(1)” to end of...

Lord Paddick | 774 c574 (Link to this contribution)

My Lords, perhaps this is a bit of light relief. Clause 77(1) defines what conduct is lawful when...

Lord Keen of Elie | 774 cc574-5 (Link to this contribution)

My Lords, the provisions on the lawfulness of conduct authorised by Part 3 replicate those that a...

Lord Paddick | 774 c575 (Link to this contribution)

I thank the noble and learned Lord for what he has said. However, we tabled this probing amendmen...

Lord Keen of Elie | 774 c575 (Link to this contribution)

I am not in a position to give a specific answer to that question, but I am content to write to t...

Lord Paddick | 774 c575 (Link to this contribution)

I am very grateful to the noble and learned Lord for his promise to write on this issue. My quest...

Earl Howe | 774 c575 (Link to this contribution)

Moved by

Earl Howe

151: Clause 80, page 62, line 32, leave out from beginning to “wer...

Earl Howe | 774 c576 (Link to this contribution)

Moved by

Earl Howe

155: Clause 83, page 65, line 20, at end insert—

“( ) The fa...

Lord Rosser | 774 c576 (Link to this contribution)

Moved by

Lord Rosser

156: Clause 83, page 65, line 21, leave out subsection (9) and i...

Lord Rosser | 774 cc576-7 (Link to this contribution)

The intention behind this amendment to Clause 83 is to replicate the Data Retention and Investiga...

Earl Howe | 774 c577 (Link to this contribution)

My Lords, the amendment seeks to amend the definition of “relevant communications data”—that is, ...

Lord Rosser | 774 c577 (Link to this contribution)

Perhaps I may ask a question on that point. Not unfairly, the noble Earl made reference to regula...

Earl Howe | 774 cc577-8 (Link to this contribution)

The noble Lord makes what is, on the face of it, a fair point. We have language, as I have explai...

Lord Rosser | 774 c578 (Link to this contribution)

I thank the Minister for that explanation. In the light of what he has said on behalf of the Gove...

Earl Howe | 774 c578 (Link to this contribution)

Moved by

Earl Howe

157: Clause 88, page 67, line 34, at end insert—

“( ) The fa...

Lord Paddick | 774 c578 (Link to this contribution)

Moved by

Lord Paddick

158A: Clause 93, page 70, line 6, leave out paragraph (c)

Lord Paddick | 774 cc578-580 (Link to this contribution)

My Lords, this amendment is one of several in this group in my name and that of my noble friend L...

Lord Harris of Haringey | 774 c580 (Link to this contribution)

My Lords, I listened very carefully to the noble Lord, Lord Paddick, and his explanation of his a...

Lord Keen of Elie | 774 cc580-3 (Link to this contribution)

I am obliged to noble Lords. I know that these are probing amendments and I shall address them in...

Lord Paddick | 774 c583 (Link to this contribution)

I am very grateful for the lengthy explanation that the noble and learned Lord has provided. Howe...

Lord Keen of Elie | 774 c583 (Link to this contribution)

I shall be happy to write to the noble Lord on the three particular points. I do not

Lord Paddick | 774 c584 (Link to this contribution)

Moved by

Lord Paddick

159: After Clause 95, insert the following new Clause—

“S...

Lord Strasburger | 774 c584 (Link to this contribution)

My Lords, while my noble friend searches for his notes, would it be appropriate for me to make my...

Lord Paddick | 774 cc584-5 (Link to this contribution)

That gave me sufficient time. I apologise to the Committee; it has been a long day already. My no...

Lord Strasburger | 774 c585 (Link to this contribution)

My Lords, the Committee will get a feeling of déjà vu.

I rise to speak to Amendment 159 and...

Lord Harris of Haringey | 774 cc585-6 (Link to this contribution)

My Lords, as I said earlier in Committee, it is important that, in assessing any proposal made in...

Baroness Hayter of Kentish Town | 774 c586 (Link to this contribution)

My Lords, I added my name to Amendments 159 and 160. Amendment 164 is in my name and that of my n...

Earl Howe | 774 cc586-8 (Link to this contribution)

My Lords, Amendments 159 and 160 would introduce new clauses requiring the person making an appli...

Lord Beith | 774 c588 (Link to this contribution)

An innocent citizen could be the subject of training or testing equipment interference under para...

Earl Howe | 774 c588 (Link to this contribution)

My Lords, I hope the noble Lord will accept that, in the context of training and testing, those a...

Lord Paddick | 774 c588 (Link to this contribution)

I thank the Minister for responding to these amendments. I have to say that I am a little sceptic...

Earl Howe | 774 cc588-9 (Link to this contribution)

Before the noble Lord decides what to do with his amendment, it might be helpful if I amplify my ...

Lord Paddick | 774 c589 (Link to this contribution)

I am grateful to the Minister. While there may be a convoluted route to get to what is proposed i...

Earl Howe | 774 c589 (Link to this contribution)

Moved by

Earl Howe

162: Clause 96, page 73, line 26, at end insert—

“( ) The fa...

Earl Howe | 774 c589 (Link to this contribution)

Moved by

Earl Howe

163: Clause 97, page 74, line 21, at end insert—

“( ) The fa...

Earl Howe | 774 c590 (Link to this contribution)

Moved by

Earl Howe

165: Clause 98, page 74, line 38, at end insert—

“( ) The fa...

Earl Howe | 774 c590 (Link to this contribution)

Moved by

Earl Howe

166: Clause 100, page 75, line 28, at end insert—

“( ) The f...

Earl Howe | 774 c590 (Link to this contribution)

Moved by

Earl Howe

168: Clause 102, page 78, line 19, after “must” insert “—

(a...

Earl Howe | 774 cc590-1 (Link to this contribution)

Moved by

Earl Howe

169: Clause 102, page 78, line 20, at end insert “, and

( ) ...

Baroness Jones of Moulsecoomb | 774 c591 (Link to this contribution)

Moved by

Baroness Jones of Moulsecoomb

169AA: Clause 105, leave out Clause 105 and in...

Baroness Jones of Moulsecoomb | 774 cc591-2 (Link to this contribution)

My Amendment 169AA would ensure that applications for targeted equipment interference or targeted...

Lord Murphy of Torfaen | 774 cc592-3 (Link to this contribution)

My Lords, I do not support the amendment, I fear. I entirely agree with the noble Baroness with r...

Lord Beith | 774 c593 (Link to this contribution)

My Lords, I am very glad the noble Baroness has tabled this amendment because it enables us to cl...

Baroness Hamwee | 774 cc593-4 (Link to this contribution)

My Lords, I do not know whether the noble Baroness, Lady Jones, feels that she got an adequate re...

Lord Rosser | 774 c594 (Link to this contribution)

Since the issue of the Wilson doctrine has been raised, perhaps I could refer to the recent repor...

Earl Howe | 774 cc594-6 (Link to this contribution)

My Lords, Amendment 169AA would remove the role of the Secretary of State and law enforcement chi...

Lord Beith | 774 c596 (Link to this contribution)

I have to ask the Minister to address the Wilson doctrine just to this extent. Given the statutor...

Earl Howe | 774 c596 (Link to this contribution)

My Lords, as I understand it, the Wilson doctrine committed the then Government to returning to P...

Baroness Jones of Moulsecoomb | 774 c596 (Link to this contribution)

I thank the noble Lords who have made kind comments, even if they disagreed with me. We are not g...

Earl Howe | 774 c597 (Link to this contribution)

Moved by

Earl Howe

170: Clause 109, page 85, line 7, leave out “before the end of the...

Earl Howe | 774 c597 (Link to this contribution)

Moved by

Earl Howe

173: Clause 114, page 89, line 31, at end insert—

““designat...

Lord Paddick | 774 c598 (Link to this contribution)

Moved by

Lord Paddick

176: After Clause 125, insert the following new Clause—

“...

Lord Paddick | 774 cc598-9 (Link to this contribution)

My Lords, Amendment 176 is in my name and that of my noble friend Lady Hamwee. It would insert an...

Lord Keen of Elie | 774 cc599-600 (Link to this contribution)

I am obliged to the noble Lord for his suggestion that this is essentially a probing amendment, w...

Lord Paddick | 774 cc600-1 (Link to this contribution)

I thank the noble and learned Lord for what he has said, but I did ask whether he would be prepar...

Lord Keen of Elie | 774 c601 (Link to this contribution)

I am not sure to what extent I can respond before the noble Lord sits down, but let me be clear t...

Lord Paddick | 774 c601 (Link to this contribution)

I am grateful to the noble and learned Lord, who has all the time in the world to add comments un...

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