Regulation of Investigatory Powers (Communications Data) Order 2003
4:52 pm
Lord Goldsmith (Attorney General, Law Officers' Department; Labour)
rose to move, That the draft order laid before the House on 11th September be approved [28th Report from the Joint Committee].
Lord Goldsmith (Attorney General, Law Officers' Department; Labour)
My Lords, I beg to move.
Moved, That the draft order laid before the House on 11th September be approved [28th Report from the Joint Committee].—(Lord Goldsmith.)
Baroness Blatch (Conservative)
had given notice of her intention to move, as an amendment to the above Motion, to leave out all the words after "That" and insert "this House declines to approve the draft order laid before the House on 11th September".
Lord Lester of Herne Hill (Liberal Democrat)
had given notice of his intention to move, as an amendment to the Motion, at end to insert "and this House calls upon Her Majesty's Government to lay a new draft order containing effective safeguards to ensure that communications data retained pursuant to the Anti-terrorism, Crime and Security Act 2001 will not become liable to be obtained or disclosed under the Regulation of Investigatory Powers Act 2000 unless the criteria for obtaining or disclosing communications data under the 2000 Act are met in relation to those data in accordance with the fundamental right to personal privacy".
The Earl of Northesk (Conservative)
rose to move, as an amendment to the Motion, at end to insert "and this House calls upon Her Majesty's Government to lay a new draft order wherein, notwithstanding the provisions of the Social Security Fraud Act 2001, the Department for Work and Pensions and the Northern Ireland Social Security Investigators are included in the list of named public authorities on the face of the order and thereby subject to Part 1, Chapter 2, of the Regulation of Investigatory Powers Act 2000".
The Earl of Northesk (Conservative)
My Lords, I beg to move.
Moved, as an amendment to the Motion, at end to insert "and this House calls upon Her Majesty's Government to lay a new draft order wherein, notwithstanding the provisions of the Social Security Fraud Act 2001, the Department for Work and Pensions and the Northern Ireland Social Security Investigators are included in the list of named public authorities on the face of the order and thereby subject to Part 1, Chapter 2, of the Regulation of Investigatory Powers Act 2000".—(The Earl of Northesk.)
Lord Phillips of Sudbury (Liberal Democrat)
rose to move, as an amendment to the Motion, at end to insert "and this House calls upon Her Majesty's Government to lay a new draft order requiring the Interception of Communications Commissioner to inform any person who appears to have been adversely affected by any wilful or reckless failure on the part of any person exercising or undertaking any of the powers and duties conferred or imposed on him by the Regulation of Investigatory Powers Act 2000 in relation to the acquisition or disclosure of communications data, subject to national security safeguards".
Lord Phillips of Sudbury (Liberal Democrat)
My Lords, I beg to move.
Moved, as an amendment to the Motion, at end to insert "and this House calls upon Her Majesty's Government to lay a new draft order requiring the Interception of Communications Commissioner to inform any person who appears to have been adversely affected by any wilful or reckless failure on the part of any person exercising or undertaking any of the powers and duties conferred or imposed on him by the Regulation of Investigatory Powers Act 2000 in relation to the acquisition or disclosure of communications data, subject to national security safeguards".—(Lord Phillips of Sudbury.)
Baroness Blatch (Conservative)
rose to move, as an amendment to the Motion, at end to insert "and this House calls upon Her Majesty's Government to lay a new draft order only when a full report has been given to Parliament on the entitlement (and the conditions attaching thereto) on the part of any foreign government, body or person to require access to communications data in the United Kingdom pursuant to any legislation, agreement, treaty or convention whether national, international or in relation to the European Union and when the Government have taken note of Parliament's view on that report".
Baroness Blatch (Conservative)
My Lords, I beg to move.
Moved, as an amendment to the Motion, at end to insert "and this House calls upon Her Majesty's Government to lay a new draft order only when a full report has been given to Parliament on the entitlement (and the conditions attaching thereto) on the part of any foreign government, body or person to require access to communications data in the United Kingdom pursuant to any legislation, agreement, treaty or convention whether national, international or in relation to the European Union and when the Government have taken note of Parliament's view on that report".—(Baroness Blatch.)