Amendments 3 to 5

Telecommunications (Security) Bill - Report – in the House of Lords at 5:30 pm on 19 October 2021.

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Lord Parkinson of Whitley Bay:

Moved by Lord Parkinson of Whitley Bay

3: Clause 3, page 5, leave out lines 13 to 16 and insert—“(2) Before issuing a code of practice under section 105E the Secretary of State must also lay a draft of the code before Parliament.(2A) If, within the 40-day period, either House of Parliament resolves not to approve the draft of the code, the code may not be issued.(2B) If no such resolution is made within that period, the code may be issued.(2C) If the code is issued, the Secretary of State must publish it.”Member’s explanatory statementThis amendment applies a negative resolution procedure to the power to issue a code of practice under section 105E.

4: Clause 3, page 5, line 18, leave out “(2)” and insert “(2C)”Member’s explanatory statementThis amendment is consequential on the first Government amendment to Clause 3.

5: Clause 3, page 5, line 21, at end insert—“(5) In this section, the “40-day period”, in relation to a draft of a code, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).(6) For the purposes of calculating the 40-day period, no account is to be taken of any period during which—(a) Parliament is dissolved or prorogued, or(b) both Houses are adjourned for more than 4 days.”Member’s explanatory statementThis amendment inserts a definition of the “40-day period” into Clause 3.

Amendments 3 to 5 agreed.

Clause 13: Appeals against security decisions of OFCOM