Moved by
Lord West of Spithead
43: Clause 22, page 42, line 38, leave out from “Minister” to end of line 39 and insert “is unable to decide whether to give approval under subsection (3) or (as the case may be) (6), due to incapacity or inability to access secure communications.”
Member's explanatory statement
This amendment would specify that the only exceptional circumstances in which the Prime Minister would be permitted the use of a designate is when he or she is unable to make a decision due to incapacity (ill-health) or lack of access to secure communications.
44: Clause 22, page 43, leave out lines 4 and 5 and insert—
“(7C) The Prime Minister may designate up to five individuals under this section.
(7CA) The Prime Minister may designate an individual under this section only if the individual holds the office of Secretary of State and is required in their routine duties to issue warrants under section 19 or section 102.”
Member's explanatory statement
This amendment would permit the Prime Minister to nominate up to five Secretaries of State to act for the Prime Minister if he or she is unable to decide whether to give approval under subsections (3) or (6). The amendment also specifies that those nominated Secretaries of State must already have responsibility for the issuing of warrants under sections 19 or 102 of the Investigatory Powers Act 2016 (which governs warrantry for Interception and Examination of Communications, and Equipment Interference).