Moved by
Baroness Jones of Moulsecoomb
169AA: Clause 105, leave out Clause 105 and insert the following new Clause—
“Members of Parliament etc.
(1) This section applies where—
(a) an application is made to the Judicial Commissioner for a targeted equipment interference warrant, or an application is made to the Judicial Commissioner for a targeted examination warrant, and
(b) the warrant relates to—
(i) communications sent by, or intended for, a person who is a member of a relevant legislature, or
(ii) a member of a relevant legislature’s private information.
(2) The application must contain a statement that the conduct sought under subsection (1)(a) will cover or is likely to cover material falling within subsection (1)(b).
(3) Further to the requirements set out elsewhere in this Part, the Judicial Commissioner may only issue a warrant if—
(a) there are reasonable grounds for believing that a serious criminal offence has been committed;
(b) there are reasonable grounds for believing that the material is likely to be of substantial value to the investigation in connection to the offence described in paragraph (a);
(c) other proportionate methods of obtaining the material have been tried without success or have not been tried because they were assessed to be bound to fail; and
(d) it is in the public interest, having regard to—
(i) the public interest in the protection of privacy and the integrity of personal data,
(ii) the public interest in the integrity of communications systems and computer networks, and
(iii) democratic interest in the confidentiality of correspondence with members of a relevant legislature.
(4) In this section “member of a relevant legislature” means—
(a) a member of either House of Parliament;
(b) a member of the Scottish Parliament;
(c) a member of the National Assembly for Wales;
(d) a member of the Northern Ireland Assembly;
(e) a member of the European Parliament elected for the United Kingdom.”