acthub.beta

EnactedCrime (Overseas Production Orders) Act 2019

Read the text →
OverviewTimeline57Debates9Amendments54

Proposed amendments

54 amendments across 16 provisions

Clause 1 14

Amendment Unnumbered#10729WithdrawnAmends text
Amendment text
at end insert “and it has been ratified in accordance with that section”
Stage
3rd reading
Type
EditBillBody
Clause
1
Page
2
Line
16
Marshalled no.
Unnumbered
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs brought from the Lords· Clause 1
Amendment 1#10089WithdrawnAmends text
Amendment text
at end insert—
A judge may order that notice of an application for an overseas production order be served on a controller or a data subject.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Page
1
Line
10
Marshalled no.
1
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 1
Amendment 1#10259AgreedAmends text
Amendment text
at end insert—
The Secretary of State may not make regulations designating an international agreement under section 52 of the Investigatory Powers Act 2016 (interception in accordance with overseas requests) where that agreement provides for requests to be made by the competent authorities of a country or territory, or of more than one country or territory, in which a person found guilty of a criminal offence may be sentenced to death for the offence under the general criminal law of the country or territory concerned.
Stage
Report stage
Type
EditBillBody
Clause
1
Page
1
Line
19
Marshalled no.
1
Decision
This amendment was agreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'agreed' indicates that the Clause/Schedule was removed from the Bill.
Tabled againstAs amended on Report· Clause 1
Amendment 2#10091Not movedAmends text
Amendment text
at end insert—
A judge may appoint an independent adviser to assist the court with regard to assessing the matters which are the subject of section 4 of this Act.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Page
1
Line
10
Marshalled no.
2
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 1
Amendment 2#10374DisagreedAmends text
Amendment text
Leave out from beginning to “given” in subsection (4B) and insert—
The Secretary of State may not make regulations designating an international co-operation agreement providing for the use of—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
1
Page
1
Line
19
Marshalled no.
2
Decision
This amendment was disagreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'disagreed' indicates that the Clause/Schedule remained part of the Bill.
Tabled againstAs amended on Report· Clause 1
Amendment 3#9990WithdrawnAmends text
Amendment text
at end insert—
The Secretary of State may not make regulations designating an international co-operation arrangement with a state which is a party to or participates in it which has not abolished the death penalty unless the agreement provides that it will apply only if the other party or participant has given assurances that the death penalty will not be imposed in any case in which or in whose preparation electronic data obtained under this Act has been used.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Page
1
Line
19
Marshalled no.
3
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 1
Amendment 3#10373Not movedAmends text
Amendment text
In subsection (4B) after “preparation” insert “the intercepted communication or”
Stage
Report stage
Type
EditBillBody
Clause
1
Page
1
Line
19
Marshalled no.
3
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs amended on Report· Clause 1
Amendment 4#10092Not movedAmends text
Amendment text
at end insert—
A designated international co-operation arrangement must—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
EditBillBody
Clause
1
Page
1
Line
19
Marshalled no.
4
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 1
Amendment 4#10258AgreedAmends text
Amendment text
leave out from “means” to end of line 3 on page 2 and insert “a relevant treaty which—
relates (in whole or in part) to the provision of mutual assistance in connection with the investigation or prosecution of offences, and
Stage
Report stage
Type
EditBillBody
Clause
1
Page
1
Line
21
Marshalled no.
4
Decision
This amendment was agreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'agreed' indicates that the Clause/Schedule was removed from the Bill.
Tabled againstAs amended on Report· Clause 1
Amendment 5#9994WithdrawnAmends text
Amendment text
after “arrangement” insert “in the form of a treaty (as defined by the Constitutional Reform and Governance Act 2010) and”
Stage
Committee stage
Type
EditBillBody
Clause
1
Page
1
Line
22
Marshalled no.
5
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 1
Amendment 5#10378WithdrawnAmends text
Amendment text
In subsection (5A), after “2010” insert “and it has been ratified in accordance with that Act”
Stage
Report stage
Type
EditBillBody
Clause
1
Page
1
Line
21
Marshalled no.
5
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs amended on Report· Clause 1
Amendment 6#9995Not movedAmends text
Amendment text
leave out from “party” to end of line 3
Stage
Committee stage
Type
EditBillBody
Clause
1
Page
2
Line
2
Marshalled no.
6
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 1
Amendment 7#10094Not movedAmends text
Amendment text
at end insert—
““relevant UK law” means the law of England and Wales or of Scotland or of Northern Ireland as the case may be.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Page
2
Line
13
Marshalled no.
7
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 1
Amendment 8#10018Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Safeguards for incoming production orders

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Position
After
Clause
1
Marshalled no.
8
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 1

Clause 2 2

Amendment 9#10095WithdrawnAmends text
Amendment text
after “person” insert “exercising law enforcement functions”
Stage
Committee stage
Type
EditBillBody
Clause
2
Page
2
Line
25
Marshalled no.
9
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 2
Amendment 10#10096Not movedAmends text
Amendment text
after “person” insert “exercising law enforcement functions”
Stage
Committee stage
Type
EditBillBody
Clause
2
Page
2
Line
34
Marshalled no.
10
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 2

Clause 3 4

Amendment 6#10284DisagreedAmends text
Amendment text
at end insert—
“Journalistic data” means electronic data that—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
3
Page
4
Line
21
Marshalled no.
6
Decision
This amendment was disagreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'disagreed' indicates that the Clause/Schedule remained part of the Bill.
Tabled againstAs amended on Report· Clause 3
Amendment 11#10011WithdrawnAmends text
Amendment text
at end insert “but not bulk data”
Stage
Committee stage
Type
EditBillBody
Clause
3
Page
3
Line
32
Marshalled no.
11
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 3
Amendment 13#9996Not movedAmends text
Amendment text
leave out from “welfare” to end of line 16
Stage
Committee stage
Type
EditBillBody
Clause
3
Page
4
Line
11
Marshalled no.
13
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 3

Clause 4 6

Amendment 14#9998WithdrawnAmends text
Amendment text
after “requirements” insert “which must be consistent with the provisions of this section”
Stage
Committee stage
Type
EditBillBody
Clause
4
Page
4
Line
34
Marshalled no.
14
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 4
Amendment 15#9997Not movedAmends text
Amendment text
leave out “(so far as applicable)”
Stage
Committee stage
Type
EditBillBody
Clause
4
Page
4
Line
35
Marshalled no.
15
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 4
Amendment 16#9999WithdrawnAmends text
Amendment text
leave out “substantial” and insert “significant”
Stage
Committee stage
Type
EditBillBody
Clause
4
Page
5
Line
8
Marshalled no.
16
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 4
Amendment 17#10122WithdrawnAmends text
Amendment text
leave out from second “that” to “having” in line 14 and insert “the public interest in all or part of the electronic data specified or described in the application for the order being produced or, as the case may be, accessed outweighs the public interest in privacy,”
Stage
Committee stage
Type
EditBillBody
Clause
4
Page
5
Line
11
Marshalled no.
17
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 4
Amendment 18#10097Not movedAmends text
Amendment text
at end insert—
the rights of a data subject to privacy”
Stage
Committee stage
Type
EditBillBody
Clause
4
Page
5
Line
19
Marshalled no.
18
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 4
Amendment 19#10098WithdrawnAmends text
Amendment text
at end insert—
The judge must be satisfied that the electronic data specified or described in the application is not confidential journalistic data.”
Stage
Committee stage
Type
EditBillBody
Clause
4
Page
5
Line
19
Marshalled no.
19
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 4

Clause 5 5

Amendment 7#10377WithdrawnAmends text
Amendment text
leave out “the judge has reasonable grounds for believing”
Stage
Report stage
Type
EditBillBody
Clause
5
Page
6
Line
7
Marshalled no.
7
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs amended on Report· Clause 5
Amendment 8#10283Not movedAmends text
Amendment text
at end insert—“or
specify or describe in the order electronic data that is confidential journalistic data unless, in addition to the requirements in section 4(2) to (5), the requirements of section (Confidential journalistic data)(2) are fulfilled.”
Stage
Report stage
Type
EditBillBody
Clause
5
Page
6
Line
9
Marshalled no.
8
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs amended on Report· Clause 5
Amendment 20#10000Not movedAmends text
Amendment text
leave out “the judge has reasonable grounds for believing”
Stage
Committee stage
Type
EditBillBody
Clause
5
Page
6
Line
7
Marshalled no.
20
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 5
Amendment 21#10001WithdrawnAmends text
Amendment text
at end insert—
the mechanism for enforcement.”
Stage
Committee stage
Type
EditBillBody
Clause
5
Page
6
Line
21
Marshalled no.
21
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 5
Amendment 22#10015Not movedAmends text
Amendment text
at end insert—
The Secretary of State must lay a statement before both Houses of Parliament on what actions are available to appropriate officers to enforce an order where the order has not been complied with within the period specified under subsection (4)(b).”
Stage
Committee stage
Type
EditBillBody
Clause
5
Page
6
Line
25
Marshalled no.
22
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 5

Clause 6 1

Amendment 23#10099WithdrawnAmends text
Amendment text
leave out from second “data” to end of line 8
Stage
Committee stage
Type
EditBillBody
Clause
6
Page
7
Line
6
Marshalled no.
23
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 6

Clause 7 4

Amendment 24#10002WithdrawnAmends text
Amendment text
after “revoke” insert “(in whole or in part)”
Stage
Committee stage
Type
EditBillBody
Clause
7
Page
7
Line
12
Marshalled no.
24
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 7
Amendment 25#10100Not movedAmends text
Amendment text
at end insert “including in both cases a non-disclosure requirement”
Stage
Committee stage
Type
EditBillBody
Clause
7
Page
7
Line
12
Marshalled no.
25
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 7
Amendment 26#10003Not movedAmends text
Amendment text
at end insert—
in the case of an application relating to a non-disclosure requirement, specify the provisions of the requirement and the subject of the application.”
Stage
Committee stage
Type
EditBillBody
Clause
7
Page
7
Line
26
Marshalled no.
26
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 7
Amendment 27#10004Not movedAmends text
Amendment text
leave out “the person has reasonable grounds for believing”
Stage
Committee stage
Type
EditBillBody
Clause
7
Page
7
Line
29
Marshalled no.
27
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 7

Clause 8 1

Amendment 28#10101Not movedAmends text
Amendment text
leave out “making of the order or its contents” and insert “contents of the order”
Stage
Committee stage
Type
EditBillBody
Clause
8
Page
8
Line
22
Marshalled no.
28
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 8

Clause 9 1

Clause 10 3

Amendment 30#10005WithdrawnAmends text
Amendment text
leave out from “necessary” to end of line 18 and insert “for its use as evidence in proceedings in respect of the offence which is the subject (under section 4(3)) of the overseas production order in question.”
Stage
Committee stage
Type
EditBillBody
Clause
10
Page
9
Line
16
Marshalled no.
30
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 10
Amendment 31#10102Not movedAmends text
Amendment text
leave out “This includes” and insert “The Secretary of State shall produce guidance regarding retention including”
Stage
Committee stage
Type
EditBillBody
Clause
10
Page
9
Line
17
Marshalled no.
31
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 10
Amendment 32#10103Not movedAmends text
Amendment text
leave out “an offence” and insert “the offence in respect of which the order is made”
Stage
Committee stage
Type
EditBillBody
Clause
10
Page
9
Line
18
Marshalled no.
32
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 10

Clause 11 2

Amendment 10#10372Not movedAmends text
Amendment text
at end insert “, including with regard to the service of notice—
on a controller or a data subject, or
Stage
Report stage
Type
EditBillBody
Clause
11
Page
9
Line
38
Marshalled no.
10
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs amended on Report· Clause 11

Clause 12 3

Amendment 11#10282Not movedRemoves provision
Amendment text
Leave out Clause 12 and insert the following new Clause—
“Confidential journalistic data
Stage
Report stage
Type
DeleteClauseOrSchedule
Clause
12
Marshalled no.
11
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs amended on Report· Clause 12
Amendment 33#10104Not movedAmends text
Amendment text
after “notice” insert “to the data controller and the data subject and to any other person ordered by the judge”
Stage
Committee stage
Type
EditBillBody
Clause
12
Page
10
Line
5
Marshalled no.
33
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 12
Amendment 34#10006Not movedAmends text
Amendment text
at end insert—
Notice under subsection (1) must be served on R.”
Stage
Committee stage
Type
EditBillBody
Clause
12
Page
10
Line
21
Marshalled no.
34
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 12

Clause 13 1

Amendment 35#10007Not movedAmends text
Amendment text
at end insert—
The duties provided by this section may be varied or revoked on the application of a person referred to in section 7(2).”
Stage
Committee stage
Type
EditBillBody
Clause
13
Page
11
Line
17
Marshalled no.
35
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 13

Clause 14 2

Amendment 36#10008Not movedAmends text
Amendment text
after “person” insert “resident”
Stage
Committee stage
Type
EditBillBody
Clause
14
Page
11
Line
40
Marshalled no.
36
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 14
Amendment 37#10009Not movedAmends text
Amendment text
leave out line 45
Stage
Committee stage
Type
EditBillBody
Clause
14
Page
11
Line
45
Marshalled no.
37
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 14

Clause 16 3

Amendment 12#10375WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Priority

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Position
After
Clause
16
Marshalled no.
12
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs amended on Report· Clause 16
Amendment 38#10010Not movedAmends text
Amendment text
after “under” insert “section 1(5) or”
Stage
Committee stage
Type
EditBillBody
Clause
16
Page
13
Line
41
Marshalled no.
38
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 16
Amendment 39#10105WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Priority

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Position
After
Clause
16
Marshalled no.
39
Decision
The amendment was withdrawn after debate and no decision was taken on it.
Tabled againstAs introduced· Clause 16

Clause 17 2

Amendment 13#10257AgreedAmends text
Amendment text
at end insert—
References in this Act to proceedings relating to an overseas production order include proceedings for the making, variation or revocation of an order under section 8(4) or 13(3) or (4)(b).”
Stage
Report stage
Type
EditBillBody
Clause
17
Page
14
Line
15
Marshalled no.
13
Decision
This amendment was agreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'agreed' indicates that the Clause/Schedule was removed from the Bill.
Tabled againstAs amended on Report· Clause 17
Amendment 40#10090Not movedAmends text
Amendment text
at end insert—
““controller” and “data subject” have the same meanings as in the Data Protection Act 2018;”
Stage
Committee stage
Type
EditBillBody
Clause
17
Page
14
Line
8
Marshalled no.
40
Decision
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Tabled againstAs introduced· Clause 17