Lord Hanson of Flint:

Moved by Lord Hanson of Flint

295A: After Clause 84, insert the following new Clause—“Obscenity etc offences: technology testing defence(1) The Secretary of State may by regulations provide defences to relevant offences for persons who are authorised by the Secretary of State to carry out technology testing activities.(2) “Technology testing activities” means activities which are carried out in the course of, or in connection with, testing technology for the purposes of—(a) investigating whether it may have been made or adapted for use for creating, or facilitating the creation of, prohibited material, or(b) testing whether it may be used to create, or facilitate the creation of, prohibited material.(3) “Prohibited material” means anything in relation to which a relevant offence may be committed.(4) The regulations may make provision about authorisations by the Secretary of State to carry out technology testing activities, including provision—(a) for authorisations to be subject to conditions (which may be specified in the regulations or determined by the Secretary of State);(b) for the variation, suspension, or withdrawal of authorisations and conditions;(c) for the enforcement of any breaches of conditions (which may include provision creating criminal offences punishable with a fine);(d) for fees to be payable to the Secretary of State, as a means of recovering costs incurred by the Secretary of State in exercising functions under the regulations.(5) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (6) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.”Member's explanatory statementThis new clause creates a power to make regulations providing a defence to certain offences which may be committed in the course of technology testing, where the technology testing is authorised by the Secretary of State.

295B: After Clause 84, insert the following new Clause—“Technology testing defence: meaning of “relevant offence”(1) For the purposes of section (Obscenity etc offences: technology testing defence) “relevant offence” means—(a) an offence listed in subsection (2),(b) an offence listed in subsection (3) (Scotland), and(c) an offence listed in subsection (4) (Northern Ireland).(2) The offences referred to in subsection (1)(a) are offences under any of the following provisions—ActProvisionObscene Publications Act 1959Section 2 (publication of obscene article)Protection of Children Act 1978Section 1(1)(a), (b) or(c) (indecent photographs of children)Criminal Justice Act 1988Section 160(1) (indecent photographs of children)Communications Act 2003Section 127(1) (sending indecent messages via public electronic communications network)Sexual Offences Act 2003Section 46A (child sexual abuse image generators) Section 66B(1) (sharing intimate photograph or film) Section 66E(1) (creating purported intimate image of adult) Section 66F(1) or (2) (requesting creation of purported intimate image of adult)Criminal Justice and Immigration Act 2008Section 63 (possession of extreme pornographic images), as it has effect under the law of England and Wales Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of England and WalesCoroners and Justice Act 2009Section 62 (possession of prohibited images of children), as it has effect under the law of England and WalesSerious Crime Act 2015Section 69 (possession of paedophile manual), as it has effect under the law of England and Wales(3) The offences referred to in subsection (1)(b) are offences under any of the following provisions— ActProvisionCivic Government (Scotland) Act 1982Section 51 (obscene material) Section 51A (extreme pornography) Section 51D (pornographic images of strangulation or suffocation) Section 52(1)(a), (b) or(c) (indecent photographs of children) Section 52A (indecent photographs of children) Section 52D (child sexual abuse image generators)Sexual Offences (Scotland) Act 2009Section 41A (possession of advice or guidance about abusing children sexually or creating CSA images)Abusive Behaviour and Sexual Harm (Scotland) Act 2016Section 2 (disclosing or threatening to disclose intimate photograph or film)(4) The offences referred to in subsection (1)(c) are—(a) an offence under the common law of Northern Ireland of publishing an indecent or obscene article;(b) offences under any of the following provisions—Act / OrderProvisionProtection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I.17)Article 3(1)(a), (b) or (c) (indecent photographs of children)Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))Article 15(1) (indecent photographs of children)Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))Article 42A (child sexual abuse image generators)Criminal Justice and Immigration Act 2008Section 63 (possession of extreme pornographic images), as it has effect under the law of Northern Ireland Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of Northern IrelandCoroners and Justice Act 2009Section 62 (possession of prohibited images of children), as it has effect under the law of Northern IrelandSerious Crime Act 2015Section 69 (possession of paedophile manual), as it has effect under the law of Northern Ireland(5) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant offence”.(6) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.(7) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.” Member's explanatory statementThis new clause specifies the offences for which the technology testing defence is to be available.

Amendments 295A and 295B agreed.