Police and Justice Bill

moved Amendment No. 132: After Clause 43, insert the following new clause- ““ENCRYPTED DATA AND INDECENT PHOTOGRAPHS OF A CHILD (1) In section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to comply with a notice)- (a) after subsection (5A)(a) there is inserted- ““(aa) in a case to which subsection (6) applies, seven years;””; (b) after subsection (5B) there is inserted- ““(6) This subsection applies where- (a) a person has been previously convicted of an offence contrary to section 1 of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988; or (b) the apparatus or data storage device containing the protected information contains an indecent photograph or pseudo-photograph of a child; or (c) the apparatus or data storage device containing the protected information has come into the possession of any person together with other apparatus or a data storage device which contains an indecent photograph or pseudo-photograph of a child; or (d) the court is satisfied that the protected information is likely to contain an indecent photograph or pseudo-photograph of a child. (7) Subsection (6) will not apply where the person to whom the notice is given can show that the protected information does not contain an indecent photograph or pseudo-photograph of a child. (8) In this section ““indecent photograph or pseudo-photograph of a child”” shall have the same meaning as in the Protection of Children Act 1978.”” (2) After paragraph 36 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there is inserted- ““36A An offence under section 53 of the Regulation of Investigatory Powers Act 2000 if subsection (6) of that section applies.”””” The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 133 and 158. I have tabled the amendments to give the Government the opportunity to put on record any progress that may have been made on these matters since we debated them three months ago, on 11 July, as reported in Hansard at cols. 617-622. The two new clauses would strengthen the law dealing with sex offenders, especially those who offend against children. Amendment No. 132 deals with encrypted data found on computers and storage in cases where the police believe that the data contain abusive images of children. It does not seek to create a new offence but amends the sentencing regime under Section 53 of the Regulation of Investigatory Powers Act 2000. Part 3 requires a person to comply with a notice issued by the police to hand over the encryption key for protected data. The penalty for breach is two years. That seems to us to be low given that the alternative penalty, if the information were turned over, would often be five years or more. We suggested increasing the penalty to achieve compliance. It could be done only in cases where the court was satisfied that it was more than likely that most of the encrypted data consisted of indecent photographs of children. After the last debate about ““likely”” or ““principally””, I use those words rather carefully. Amendment No. 133 would insert a new clause relating to offences requiring notification. It would ensure that Sections 48 to 50 of the Sexual Offences Act 2003, which make provision for the offences of recruiting or controlling a child involved in pornography or prostitution, would be prescribed under Part 2 of that Act for the purposes of notification requirements. Amendment No. 158 is merely a consequential change to the Long Title. In response to the first amendment in Committee, the noble Lord, Lord Bassam, said that the Government remained very sympathetic to what I proposed but they wanted further opportunity for public consideration and comment on the proposals and to consider what legislative changes should be brought to the House in the light of current consultation. In response to the second amendment, the Minister said that officials intended to review the contents of Schedules 3 and 5 over the summer and that he hoped that any necessary changes might be made by order in the autumn. During the long, hot summer I noticed one or two press stories with regard to government consultation being concluded on related matters and therefore I thought it important that we should return briefly to these issues tonight. I hope there will be no necessity to bring them back at Third Reading and that we can conclude the matter today. I invite the Minister to say what progress has been made. I beg to move.