Modification of warrants issued by the Secretary of State or Scottish Ministers

Part of Investigatory Powers Bill – in a Public Bill Committee am 1:00 pm ar 21 Ebrill 2016.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Keir Starmer Keir Starmer Shadow Minister (Home Office) 1:00, 21 Ebrill 2016

I beg to move amendment 638, in clause 104, page 83, line 17, at end insert—

“(8A) Section 97 (approval of warrants by Judicial Commissioners) applies in relation to a decision to make a modification of a warrant issued under section 96 as it applies in relation to a decision to issue such a warrant, but as if—

(a) the references in subsection (1)(a) and (b) of that section to the warrant were references to the warrant as modified, and

(b) any reference to the person who decided to issue the warrant were a reference to the person who decided to make the modification.”

With this it will be convenient to discuss the following:

Amendment 639, in clause 104, page 83, line 18, leave out “Sections 94” and insert

“Section [NC11 Confidential and privileged material]”.

Amendment 502, in clause 104, page 83, line 22, at end insert—

“( ) Where section 100 (items subject to legal privilege) applies in relation to a decision to make a modification of a warrant as mentioned in subsection (2)(a), (c) or (d), other than a decision to which subsection (7) applies, section 97 (approval of warrants by Judicial Commissioners) applies to the decision as it applies in relation to a decision to issue such a warrant (and accordingly any reference in that section to the person who decided to issue the warrant is to be read as a reference to the person who decided to renew it).”

Amendment 640, in clause 104, page 83, line 23, leave out “Section 100” and insert

“Section [NC2 Items subject to legal privilege]”.

Amendment 641, in clause 104, page 83, line 35, at end insert—

“(14) Any modification which constitutes the adding or varying any matter must be approved by a Judicial Commissioner in accordance with section 97.”

Amendment 642, in clause 105, page 84, line 4, leave out from “period” to “which” in line 5 and insert “48 hours after”.

Amendment 643, in clause 105, page 84, line 4, leave out from “period” to “which” in line 5 and insert “24 hours after”.

Amendment 644, in clause 105, page 84, line 26, at end insert—

“(8A) Section 97 (approval of warrants by Judicial Commissioners) applies in relation to a decision to make a modification of a warrant issued under section 96 as it applies in relation to a decision to issue such a warrant, but as if—

(a) the references in subsection (1)(a) and (b) of that section to the warrant were references to the warrant as modified, and

(b) any reference to the person who decided to issue the warrant were a reference to the person who decided to make the modification.”

Amendment 503, in clause 105, page 84, line 33, at end insert—

“( ) Where, by virtue of section 104(10), section 100 (items subject to legal privilege) applies in relation to the making of a modification of a warrant pursuant to section 104(7), this section applies as if each reference in subsections (2) and (5) to (8) to a designated senior official were a reference to a Judicial Commissioner.”