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.”
Bill texts 5
- HL Bill 113 (as introduced)download soon
- HL Bill 134 (as amended on Report)download soon
- Bill 293 2017-19 as brought from the Lordsdownload soon
- Bill 307 2017-19 (as amended in Committee)download soon
- HL Bill 157 Commons amendmentsdownload soon
Amendments 34
Committee stage — Lords 20
after “arrangement” insert “in the form of a treaty (as defined by the Constitutional Reform and Governance Act 2010) and”
leave out from “party” to end of line 3
leave out from “welfare” to end of line 16
leave out “(so far as applicable)”
after “requirements” insert “which must be consistent with the provisions of this section”
leave out “substantial” and insert “significant”
leave out “the judge has reasonable grounds for believing”
at end insert “but not bulk data”
leave out subsection (5)
Insert the following new Clause— “Safeguards for incoming production orders
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.”
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.”
at end insert— A designated international co-operation arrangement must—
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.”
after “person” insert “exercising law enforcement functions”
after “person” insert “exercising law enforcement functions”
at end insert— the rights of a data subject to privacy”
at end insert— The judge must be satisfied that the electronic data specified or described in the application is not confidential journalistic data.”
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,”
Report stage — Lords 13
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).”
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
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.
Leave out Clause 12 and insert the following new Clause— “Confidential journalistic data
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.”
at end insert— “Journalistic data” means electronic data that—
at end insert “, including with regard to the service of notice— on a controller or a data subject, or
In subsection (4B) after “preparation” insert “the intercepted communication or”
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—
Insert the following new Clause— “Priority
leave out “may” and insert “shall”
leave out “the judge has reasonable grounds for believing”
In subsection (5A), after “2010” insert “and it has been ratified in accordance with that Act”
3rd reading — Lords 1
at end insert “and it has been ratified in accordance with that section”