I rise to speak to amendment 707, in clause 164, page 127, line 20, at end insert—

“(c) may only be made if the Secretary of State considers it proportionate to the operational purposes specified in the warrant.”

With this it will be convenient to discuss the following:

Amendment 708, in clause 164, page 127, line 34, at end insert—

‘(8A) A minor modification—

(a) may be made only if the Secretary of State or a senior official acting on behalf of the Secretary of State considers that it is necessary on any of the grounds on which they consider the warrant to be necessary (see section 121(1)(b));

(b) may only be made if the Secretary of State considers that it is proportionate to the operational purposes specified in the warrant.

(8B) Except where the Secretary of State considers that there is an urgent need to make the modification, a minor modification has effect only if the decision to make the modification is approved by a Judicial Commissioner.”

Amendment 709, in clause 164, page 127, line 34, at end insert—

‘(8C) In a case where any modification is sought under this section to which Clause [NC2 Items subject to legal privilege] or Clause [NC11 Confidential and privileged material] applies section 97 (approval of warrants by Judicial Commissioners) applies to a decision to modify a warrant as it applies in relation to a decision to issue 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 modify it).”

I have tabled a number of amendments to modification provisions throughout the Bill. The Minister has indicated that the Government are considering how the modification provisions will work throughout the Bill. In the circumstances, I will not press the amendment.

Amendment not moved.

Amendments made: 622, in clause 164, page 127, line 42, leave out “(urgent cases)”

This amendment is consequential on amendment 623.

Amendment 623, in clause 164, page 127, line 43, leave out from beginning to “the” in line 2 on page 128 and insert—

‘( ) If it is not reasonably practicable for an instrument making a major modification to be signed by the Secretary of State, the instrument may be signed by a senior official designated by the Secretary of State for that purpose.

( ) In such a case, the instrument making the modification must contain a statement that—

(a) it is not reasonably practicable for the instrument to be signed by the Secretary of State, and

(b) ”—

This amendment enables an instrument making a major modification of a bulk equipment interference warrant to be signed by a senior official in any case where it is not reasonably practicable for the Secretary of State to sign it.

Question put, That the clause, as amended, stand part of the Bill.

The Committee divided:

Ayes 9, Noes 1.

Question accordingly agreed to.

Clause 164, as amended, ordered to stand part of the Bill.

Clause 165