Approval of warrants by Judicial Commissioners

Part of Investigatory Powers Bill – in a Public Bill Committee at 4:00 pm on 21 April 2016.

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Photo of Albert Owen Albert Owen Labour, Ynys Môn 4:00, 21 April 2016

With this it will be convenient to discuss the following:

Amendment 663, in clause 123, page 99, line 18, leave out subsection (2).

Amendment 531, in clause 123, page 99, line 19, at end insert

“but a Judicial Commissioner may not approve a warrant unless he is satisfied that there are reasonable grounds for believing that it is both necessary and proportionate to do so”.

This amendment would clarify the judicial review process by ensuring that both the process and underlying facts of an interception of communications warrant are considered by a Judicial Commissioner.

Amendment 677, in clause 139, page 111, line 3, leave out

“review the Secretary of State’s conclusions as to the following matters” and insert “determine”.

Amendment 678, in clause 139, page 111, line 15, leave out subsection (2).

Amendment 532, in clause 139, page 111, line 16, at end insert

“but a Judicial Commissioner may not approve a warrant unless he is satisfied that there are reasonable grounds for believing that it is both necessary and proportionate to do so”.

This amendment would clarify the judicial review process by ensuring that both the process and underlying facts of an interception of communications warrant are considered by a Judicial Commissioner.

Amendment 533, in clause 157, page 123, line 16, at end insert

“but a Judicial Commissioner may not approve a warrant unless he is satisfied that there are reasonable grounds for believing that it is both necessary and proportionate to do so”.

This amendment would clarify the judicial review process by ensuring that both the process and underlying facts of an interception of communications warrant are considered by a Judicial Commissioner.