Crime (Overseas Production Orders) Bill [HL] - Commons Amendments

Part of the debate – in the House of Lords at 3:30 pm on 11th February 2019.

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Moved by Baroness Williams of Trafford

That this House do agree with the Commons in their Amendments 2 to 12.

2: Clause 4, page 5, line 25, at end insert—“(5A) The judge must be satisfied that there are reasonable grounds for believing that all or part of the electronic data specified or described in the application for the order is likely to be relevant evidence in respect of the offence mentioned in subsection (3)(a). This requirement does not apply where the order is sought for the purposes of a terrorist investigation.”

3: Clause 4, page 6, line 15, at end insert—“(9A) For the purpose of subsection (5A), “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence in proceedings in respect of the offence.”

4: Clause 6, page 7, line 19, at end insert—“(ba) does not require the person to do anything that (taking into account the existence of the overseas production order) would result in the person contravening the data protection legislation, and”

5: Clause 6, page 7, line 20, after “effect” insert “, subject to paragraph (ba),”

6: Clause 10, page 9, line 28, at end insert—“(1A) Subsection (1) does not authorise the doing of anything that contravenes the data protection legislation.”

7: Clause 12, page 10, line 16, leave out subsection (1) and insert—“(1) This section applies to an application for an overseas production order if there are reasonable grounds for believing that the electronic data specified or described in the application consists of or includes journalistic data.”

8: Clause 12, page 10, line 23, at end insert—“(2A) Where this section applies, notice of the application must be served on— (a) the person against whom the overseas production order is sought, and(b) if different, the person by whom, or on whose behalf, the journalistic data is stored.(2B) But a judge may direct that notice of an application need not be served on a person falling within subsection (2A)(b) if the judge is satisfied that—(a) serving notice on the person would prejudice the investigation of an indictable offence or a terrorist investigation, or(b) it is not reasonably practicable to establish the person’s identity or to make contact with the person so as to enable service to be effected.”

9: Clause 12, page 10, line 27, leave out subsection (4)

10: Clause 12, page 10, line 39, at end insert—“(6) In determining for the purposes of subsection (5) whether or not a purpose is a criminal purpose, crime is to be taken to mean conduct which—(a) constitutes one or more criminal offences under the law of a part of the United Kingdom, or(b) is, or corresponds to, conduct which, if it all took place in a particular part of the United Kingdom, would constitute one or more criminal offences under the law of that part of the United Kingdom.”

11: Clause 12, page 10, line 39, at end insert—“(7) Subsections (8) and (9) of section 4 apply for the purposes of subsection (2B) of this section as they apply for the purposes of subsection (3)(a) of that section.(8) In this section, “terrorist investigation” has the same meaning as in the Terrorism Act 2000 (see section 32 of that Act).”

12: Clause 15, page 13, line 12, leave out “section 4(3)(a)” and insert “sections 4(3)(a) and 12(2B)(a)”

Motion agreed.