Investigatory Powers Bill - Third Reading

Part of the debate – in the House of Lords at 4:15 pm on 31 October 2016.

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Moved by Lord Keen of Elie

11: Clause 132, page 109, line 19, leave out from “privilege” to end of line 21 and insert “which has been obtained under a targeted equipment interference warrant is retained, following its examination, for purposes other than the destruction of the item.”

12: Clause 132, page 109, line 25, leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner must”

13: Clause 132, page 109, line 27, after “impose” insert “one or more”

14: Clause 132, page 109, line 27, leave out “disclosure or otherwise making available” and insert “use or retention”

15: Clause 132, page 109, line 28, at end insert—“(3A) If the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (3)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.(3B) This subsection applies to an item subject to legal privilege if—(a) the public interest in retaining the item outweighs the public interest in the confidentiality of items subject to legal privilege, and(b) retaining the item is necessary in the interests of national security or for the purpose of preventing death or significant injury.”

Amendments 11 to 15 agreed.

Clause 154: Additional safeguards for items subject to legal privilege