Regulation of Investigatory Powers (Communications Data) Order 2003

– in the House of Lords at 4:52 pm on 13 November 2003.

Alert me about debates like this

Photo of Lord Goldsmith Lord Goldsmith Attorney General, Law Officers' Department, Attorney General (Law Officers) 4:52, 13 November 2003

rose to move, That the draft order laid before the House on 11th September be approved [28th Report from the Joint Committee].

Photo of Lord Goldsmith Lord Goldsmith Attorney General, Law Officers' Department, Attorney General (Law Officers)

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.)

Photo of Baroness Blatch Baroness Blatch Shadow Deputy Leader of the House of Lords

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".

[Amendment not moved.]

Photo of Lord Lester of Herne Hill 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".

[Amendment not moved.]

Photo of The Earl of Northesk 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".

Photo of The Earl of Northesk 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.)

On Question, Whether the said amendment shall be agreed to?

Their Lordships divided: Contents, 92; Not-Contents, 108.

Division number 1 Private Parking: Ports and Trading Estates — Regulation of Investigatory Powers (Communications Data) Order 2003

Aye: 90 Members of the House of Lords

No: 106 Members of the House of Lords

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Resolved in the negative, and amendment disagreed to accordingly.

Photo of Lord Phillips of Sudbury Lord Phillips of Sudbury Liberal Democrat 5:03, 13 November 2003

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".

Photo of Lord Phillips of Sudbury 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.)

On Question, Whether the said amendment shall be agreed to?

Their Lordships divided: Contents, 126; Not-Contents, 99.

Division number 2 Private Parking: Ports and Trading Estates — Regulation of Investigatory Powers (Communications Data) Order 2003

Aye: 124 Members of the House of Lords

No: 97 Members of the House of Lords

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Resolved in the affirmative, and amendment agreed to accordingly.

Photo of Baroness Blatch Baroness Blatch Shadow Deputy Leader of the House of Lords 5:14, 13 November 2003

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".

Photo of Baroness Blatch Baroness Blatch Shadow Deputy Leader of the House of Lords

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.)

On Question, Whether the said amendment shall be agreed to?

Their Lordships divided: Contents, 120; Not-Contents, 98.

Division number 3 Private Parking: Ports and Trading Estates — Regulation of Investigatory Powers (Communications Data) Order 2003

Aye: 118 Members of the House of Lords

No: 96 Members of the House of Lords

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Resolved in the affirmative, and amendment agreed to accordingly.

Motion, as amended, agreed to.