UK Parliament / Open data

Protection of Freedoms Bill

Debate on bills and Committee proceeding on Thursday, 15 December 2011, in the House of Lords.
Protection of Freedoms Bill. Lords committee stage second day. Clauses 38 to 63, 85 to 99 agreed to, with clauses 45, 47, 51, 58, 61 amended. Schedules 2, 5, 8 agreed to. Schedules 3 and 6 agreed to as amended. Grand Committee held in the Moses Room.

About these Parliamentary proceedings

Reference

733 c351-92GC 

Session

2010-12

Department

Home Office

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords Grand Committee

Related items

Protection of Freedoms Bill. Brought from the Commons. Explanatory Notes HL Bill 99-EN also published.
Wednesday, 12 October 2011
Bills
House of Lords
Regulation of Investigatory Powers Act 2000
Friday, 28 July 2000
Public acts
Delegated Powers and Regulatory Reform Committee - Twentieth Report on: Protection of Freedoms Bill 2010-12; Education Bill 2010-12 (Government amendments); London Olympic Games and Paralympic Games (Amendment) Bill 2010-12 (Government response). (Lords Minutes).
Wednesday, 26 October 2011
Parliamentary committees
House of Lords
Constitution Select Committee (HL) twentieth report on the Protection of Freedoms Bill.
Wednesday, 2 November 2011
Parliamentary committees
House of Lords

Proceeding contributions

Baroness Stowell of Beeston | 733 c358-9GC (Link to this contribution) My Lords, I thank my noble friend for her introduction to the amendment, and indeed she has anticipa...
Lord Henley | 733 c366-7GC (Link to this contribution) My Lords, the noble Lord, rightly, is looking for a degree of clarification, as suggested in his ame...

Show all contributions (79)
Baroness Stowell of Beeston | 733 c383GC (Link to this contribution) 140: Clause 51, page 39, line 27, at beginning insert ““No instrument containing the first order und...
Lord Rosser | 733 c365GC (Link to this contribution) 130: After Clause 38, insert the following new Clause— ““Clarification of unlawful interception unde...
Baroness Hamwee | 733 c364-5GC (Link to this contribution) My Lords, this being Grand Committee, of course I will withdraw the amendment. The noble Baroness’s ...
Baroness Stowell of Beeston | 733 c363-4GC (Link to this contribution) My Lords, I will endeavour to respond as comprehensively as I can to the issues raised in this short...
Lord Rosser | 733 c362-3GC (Link to this contribution) My Lords, I will be brief because the noble Baroness, Lady Hamwee, has gone over the thinking and re...
Lord Scott of Foscote | 733 c362GC (Link to this contribution) My Lords, I am in general sympathy with the objective behind this amendment but have some anxieties ...
Baroness Hamwee | 733 c361-2GC (Link to this contribution) My Lords, this amendment was suggested to me and drafted by the Bar Council. Although it looks long ...
Baroness Hamwee | 733 c359-61GC (Link to this contribution) 129: After Clause 38, insert the following new Clause— ““Matters subject to legal privilege Investig...
Baroness Hamwee | 733 c359GC (Link to this contribution) My Lords, I agree that very often in the sort of situation about which the noble Baroness and I are ...
Baroness Hamwee | 733 c357-8GC (Link to this contribution) I do speak for myself. I hope Amendment 124, at any rate in the drafting, is a little more straightf...
Baroness O'Neill of Bengarve | 733 c372GC (Link to this contribution) My Lords, I have great admiration for what the noble Lord, Lord Selsdon, has done. The number of pow...
Lord Selsdon | 733 c368-70GC (Link to this contribution) I shall also speak to Amendments 131A, 132 and 136. I shall try not to bore the Committee as this ha...
Lord Selsdon | 733 c368GC (Link to this contribution) 131: Before Clause 39, insert the following new Clause— ““List of powers of entry The Secretary of S...
Lord Henley | 733 c371-2GC (Link to this contribution) My Lords, my noble friend Lord Selsdon came to the House in, I think, 1963, as a member of the Indep...
Baroness Royall of Blaisdon | 733 c370-1GC (Link to this contribution) My Lords, I pay tribute to the noble Lord for his diligence and doggedness on this issue. I find it ...
Lord Rosser | 733 c367GC (Link to this contribution) My Lords, I thank the Minister for his response. I am not as convinced as he is that the present leg...
Lord Rosser | 733 c368GC (Link to this contribution) In that case, I beg leave to withdraw the amendment. Amendment 130 withdrawn. Amendment 131 Moved...
Lord Henley | 733 c367-8GC (Link to this contribution) I do not know whether the noble Lord wants me to intervene to confirm that that is exactly the case....
Lord Rosser | 733 c365-6GC (Link to this contribution) My Lords, this amendment is a response to calls from both the Director of Public Prosecutions and th...
Lord Marlesford | 733 c373GC (Link to this contribution) 133: Clause 40, page 33, line 33, at end insert— ““( ) A further safeguard shall be that, unless exp...
Lord Marlesford | 733 c373-5GC (Link to this contribution) My Lords, in moving Amendment 133 I shall speak also to Amendment 134. Amendment 133 requires that p...
Lord Henley | 733 c373GC (Link to this contribution) Perhaps my noble friend will give way. He, like me, is wearing a yellow tie, and he is also wearing ...
Lord Selsdon | 733 c373GC (Link to this contribution) It was part of the coalition activities. This is an area that will not go away. What I am trying to ...
Lord Scott of Foscote | 733 c378GC (Link to this contribution) The noble Earl is quite right. There are powers for RSPCA officials. If they have reason to believe ...
Earl of Erroll | 733 c378-9GC (Link to this contribution) That is the point. The power of entry does not extend just to government officials. It can extend to...
Lord Scott of Foscote | 733 c375-7GC (Link to this contribution) My Lords, I support wholeheartedly these amendments. My interest in powers of entry began about two ...
Earl of Erroll | 733 c377GC (Link to this contribution) My Lords, I should like to say a few words on this important issue. Ultimately, it is the householde...
Lord Selsdon | 733 c372-3GC (Link to this contribution) I am most grateful to the Minister, and maybe the time has once come again to offer the help of the ...
Lord Henley | 733 c372GC (Link to this contribution) My Lords, when I referred to the gateway that we talked about, I sought to say that what we are comm...
Lord Selsdon | 733 c380GC (Link to this contribution) I should like to say a few words about it at this point.
Lord Henley | 733 c380GC (Link to this contribution) I shall therefore give way. I thought that it was part of this grouping. However, my noble friend ha...
Lord Selsdon | 733 c380GC (Link to this contribution) I shall speak simply on the matter of the code of conduct. The noble and learned Lord, Lord Scott of...
Lord Henley | 733 c380-1GC (Link to this contribution) I am grateful to my noble friend for that explanation. I could not accept his code of conduct, but h...
Baroness Randerson | 733 c381GC (Link to this contribution) Perhaps I may point out that the Northern Ireland Assembly, the Scottish Parliament and the Welsh As...
Lord Henley | 733 c381GC (Link to this contribution) One of the joys of devolution is that it allows different parts of the United Kingdom to do differen...
Baroness O'Neill of Bengarve | 733 c381GC (Link to this contribution) Since there will be conversations, it might be important to think about the way in which this code o...
Lord Henley | 733 c379GC (Link to this contribution) My Lords, I am not unsympathetic to the sentiments underlying the amendments in this group and I am ...
Lord Henley | 733 c379-80GC (Link to this contribution) I take the noble and learned Lord’s point. He has not actually got an amendment down on this at the ...
Lord Scott of Foscote | 733 c379GC (Link to this contribution) I was not suggesting that ““shall”” should apply to all the items. I was suggesting that it should a...
Baroness Stowell of Beeston | 733 c384GC (Link to this contribution) 141: Clause 51, page 39, line 28, at end insert— ““( ) If a draft of an instrument containing the fi...
Baroness Stowell of Beeston | 733 c384GC (Link to this contribution) 142: Schedule 3, page 123, line 25, at beginning insert ““No instrument containing the first order u...
Baroness Stowell of Beeston | 733 c383GC (Link to this contribution) My Lords, these amendments give effect to a recommendation made by the Delegated Powers and Regulato...
Baroness Stowell of Beeston | 733 c383GC (Link to this contribution) 138: Clause 45, page 35, line 36, leave out ““““transferred matter”” has the meaning”” and insert ““...
Baroness Stowell of Beeston | 733 c383GC (Link to this contribution) 139: Clause 47, page 37, line 22, at end insert ““without being ancillary to other provision (whethe...
Baroness Stowell of Beeston | 733 c382GC (Link to this contribution) My Lords, we are still on powers of entry. This is a small, technical group of government amendments...
Baroness Stowell of Beeston | 733 c382GC (Link to this contribution) 137: Clause 45, page 35, line 35, at end insert ““without being ancillary to other provision (whethe...
Lord Marlesford | 733 c381-2GC (Link to this contribution) My Lords, I thank the noble and learned Lord, Lord Scott, for his very powerful support, which I thi...
Lord Henley | 733 c381GC (Link to this contribution) I well understand what the noble Baroness is saying. As we all know, statute is not written in a lan...
Baroness Stowell of Beeston | 733 c392GC (Link to this contribution) I am grateful to the noble Baroness for her support. Amendment 146 agreed. Clause 61, as amended, ...
Lord Henley | 733 c390GC (Link to this contribution) 144: Clause 58, page 44, line 40, at beginning insert— ““(6ZA) As soon as practicable after making a...
Baroness Stowell of Beeston | 733 c390GC (Link to this contribution) 146: Clause 61, page 46, line 24, at beginning insert ““reasonably””
Baroness Stowell of Beeston | 733 c390-1GC (Link to this contribution) My Lords, the Committee will be aware that the Government made a remedial order—the Terrorism Act 20...
Baroness Royall of Blaisdon | 733 c391GC (Link to this contribution) My Lords, we welcome the Bill’s provisions in relation to stop and search in general. We also welcom...
Baroness Royall of Blaisdon | 733 c386-7GC (Link to this contribution) My Lords, I support the amendment tabled by the noble Lord, Lord Armstrong, and other members of the...
Lord Armstrong of Ilminster | 733 c384-6GC (Link to this contribution) My Lords, Amendment 143 is in my name and those of the noble Baroness, Lady Liddell of Coatdyke, and...
Lord Armstrong of Ilminster | 733 c389-90GC (Link to this contribution) My Lords, of course I entirely respect the Government’s preference for introducing primary legislati...
Lord Henley | 733 c387-9GC (Link to this contribution) My Lords, I am grateful to the noble Lord for his detailed consideration of this clause, and I thank...
Lord Armstrong of Ilminster | 733 c384GC (Link to this contribution) 143: Clause 58, page 41, line 34, after ““place,”” insert— ““(iii) at any time when Parliament is si...
Lord Henley | 733 c392GC (Link to this contribution) 147: Schedule 6, page 138, line 9, at beginning insert ““reasonably”” Amendment 147 agreed. Schedu...
Lord Henley | 733 c392GC (Link to this contribution) My Lords, I wonder whether this is a convenient moment for the Committee to adjourn until Tuesday, 1...
Baroness Hamwee | 733 c356GC (Link to this contribution) My Lords, I think I need to take my noble friend Lord Phillips of Sudbury aside to explain that whis...
Baroness Hamwee | 733 c356GC (Link to this contribution) 124: Clause 38, page 29, line 44, at end insert— ““(2A) Subsection (2) shall not apply to an authori...
Lord Phillips of Sudbury | 733 c356GC (Link to this contribution) I am grateful to the Minister, although I would prefer whisky. I certainly accept what he said and I...
Lord Henley | 733 c356GC (Link to this contribution) My Lords, it would be right that we should sit down and discuss this, and I would welcome a chance t...
Lord Phillips of Sudbury | 733 c356GC (Link to this contribution) My Lords, I am grateful for the Minister’s reply. I let his officials have a copy of what I was goin...
Lord Henley | 733 c354-6GC (Link to this contribution) I was just about to get on to Amendments 116 and 119. I think my noble friend accidentally referred ...
Lord Henley | 733 c354GC (Link to this contribution) My Lords, I think I can intervene now. I apologise if I digress to mention metal thefts, civil partn...
Earl of Erroll | 733 c353-4GC (Link to this contribution) My Lords, I support the noble Lord, Lord Phillips of Sudbury. I well remember RIPA going through and...
Lord Phillips of Sudbury | 733 c353GC (Link to this contribution) My Lords, my noble friend may be right. We disagree, as things stand, as to the meaning of Section 2...
Lord Phillips of Sudbury | 733 c353GC (Link to this contribution) I am not perfectly sure that I understood my noble friend’s point. I think she is talking about comp...
Baroness Hamwee | 733 c353GC (Link to this contribution) My noble friend may not like this question, but we are all family here, are we not? I absolutely agr...
Lord Phillips of Sudbury | 733 c353GC (Link to this contribution) Yes. The reason I think that Section 22(3) of RIPA is wrong is that it does not make any requirement...
Lord Phillips of Sudbury | 733 c351-3GC (Link to this contribution) My Lords, I apologise in advance for a singularly technical group of amendments, but they need to be...
Lord Phillips of Sudbury | 733 c351GC (Link to this contribution) 116: Clause 37, page 27, line 9, leave out from ““granted”” to ““or”” in line 10 and insert ““an aut...
Baroness Hamwee | 733 c353GC (Link to this contribution) My Lords, my point was that I do not think this is about delegation of authority. I think it is abou...

Subjects

Disclosure of information
Data protection
Codes of practice
Devolved matters
Detainees
Electronic surveillance
Emergency powers
Legislation
Powers of entry
Personal records
Northern Ireland
Nuisance
Noise
Scotland
Terrorism
Stop and search
Surveillance
Telecommunications
Wales
Telephone tapping

Legislation

Protection of Freedoms Bill 2010-12

Link

View this Parliamentary proceeding on www.publications.parliament.uk
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