UK Parliament / Open data

Investigatory Powers Bill

Debate on bills on Tuesday, 11 October 2016, in the House of Lords, led by Earl Howe and Lord Keen of Elie.
Lords report stage first day.

About these Parliamentary proceedings

Reference

774 cc1788-1858 

Session

2016-17

Department

Home Office

Legislative stage

Report stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber
Investigatory Powers Bill 2015-16 to 2016-17. As amended in Committee.
Monday, 12 September 2016
Bills
House of Lords

Proceeding contributions

Lord Janvrin | 774 c1789 (Link to this contribution)

Moved by

Lord Janvrin

1: Clause 1, page 1, line 5, at beginning insert—

“( ) Th...

Lord Janvrin | 774 c1789 (Link to this contribution)

My Lords, I rise briefly to speak to Amendment 1, tabled in my name. I declare an interest as a m...


Show all contributions (129)
Baroness Hamwee | 774 cc1789-1790 (Link to this contribution)

My Lords, I hesitated because I thought the Minister might wish to introduce the government amend...

Earl Howe | 774 cc1790-2 (Link to this contribution)

My Lords, the noble Lord, Lord Janvrin, has again spoken persuasively on the importance of making...

Earl Howe | 774 cc1792-3 (Link to this contribution)

Moved by

Earl Howe

2: Clause 2, page 2, line 46, after “give” insert “or vary”

...

Earl Howe | 774 c1793 (Link to this contribution)

Moved by

Earl Howe

10: Clause 2, page 3, line 6, at end insert—

“(aa) whether t...

Earl Howe | 774 c1793 (Link to this contribution)

Moved by

Earl Howe

11: Clause 2, page 3, line 24, at end insert—

“( ) For the p...

Lord Paddick | 774 c1793 (Link to this contribution)

Moved by

Lord Paddick

13: Before Clause 3, insert the following new Clause—

“In...

Lord Paddick | 774 c1793 (Link to this contribution)

My Lords, Amendment 13 is also in the name of my noble friend Lord Strasburger. In Committee, we ...

Lord Harris of Haringey | 774 c1795 (Link to this contribution)

Is the noble Lord therefore saying that the American approach to this matter is totally protectiv...

Lord Paddick | 774 c1795 (Link to this contribution)

My Lords, I am saying that the American model provides significant safeguards, in that somebody r...

Lord Carlile of Berriew | 774 c1795 (Link to this contribution)

My noble friend tempts me to rise at this stage because there should be no misunderstandings. Doe...

Lord Paddick | 774 c1795 (Link to this contribution)

My Lords, Mr Anderson has made statements in the past in which he has supported the idea, but I a...

Baroness Buscombe | 774 c1795 (Link to this contribution)

I am grateful to the noble Lord for giving way. I do not understand this amendment. Can he explai...

Lord Paddick | 774 c1795 (Link to this contribution)

My Lords, at the moment we have an Independent Reviewer of Terrorism Legislation, whose job it is...

Lord Brown of Eaton-under-Heywood | 774 c1795 (Link to this contribution)

Will the civil liberties to which this proposed board is to have regard and consider include—as o...

Lord Paddick | 774 c1795 (Link to this contribution)

I am grateful to the noble and learned Lord for that intervention. Of course they must look at ci...

Baroness Manningham-Buller | 774 c1796 (Link to this contribution)

I just wonder whether the noble Lord has considered the possibility that the security and intelli...

Lord Paddick | 774 c1796 (Link to this contribution)

I am very grateful to the noble Baroness. Yes, of course I understand that for the security agenc...

Lord Carlile of Berriew | 774 cc1796-7 (Link to this contribution)

My Lords, I wonder whether we might first get what might be called “private grief” out of the way...

Lord Rooker | 774 cc1797-8 (Link to this contribution)

My Lords, all I can say in response so far is thank heavens we do not have the coalition Governme...

Lord West of Spithead | 774 c1798 (Link to this contribution)

My Lords, I fully support what the noble Lords, Lord Carlile and Lord Rooker, have said. The amen...

Baroness Buscombe | 774 c1798 (Link to this contribution)

My Lords, I wonder whether I might be helpful to the noble Lord, Lord Paddick, in his quest in so...

Lord Campbell of Pittenweem | 774 c1798 (Link to this contribution)

My Lords, I, too, have the misfortune to disagree with my noble friend Lord Paddick, although per...

Lord Rosser | 774 c1799 (Link to this contribution)

As I understand the situation, the Independent Reviewer of Terrorism Legislation, David Anderson ...

Lord Keen of Elie | 774 cc1799-1800 (Link to this contribution)

My Lords, it may appear that there is little I can add, but I have my brief.

Considerable p...

Lord Paddick | 774 c1800 (Link to this contribution)

My Lords, I am very grateful to those who contributed to this debate. As far as my noble friend L...

Lord Harris of Haringey | 774 c1800 (Link to this contribution)

I am sorry to interrupt the noble Lord again, but could he clarify what that phrase is intended t...

Lord Paddick | 774 c1800 (Link to this contribution)

The fact is that it is up to the Secretary of State to appoint those members to the board. One wo...

Baroness Hamwee | 774 c1801 (Link to this contribution)

Moved by

Baroness Hamwee

14: Schedule 1, page 201, line 33, after “hearing” insert “,...

Baroness Hamwee | 774 c1801 (Link to this contribution)

My Lords, this will be, I hope, short and uncontentious. The amendment was suggested to us by the...

Earl Howe | 774 c1801 (Link to this contribution)

My Lords, I trust I can deal with this amendment with a degree of brevity equal to that employed ...

Baroness Hamwee | 774 c1801 (Link to this contribution)

I am grateful for that assurance. The point is that it is not provided against, rather than that ...

Baroness Hollins | 774 c1802 (Link to this contribution)

Moved by

Baroness Hollins

15: Clause 8, page 7, line 10, leave out “D” and insert “C”...

Baroness Hollins | 774 cc1802-3 (Link to this contribution)

My Lords, I will speak to all the amendments in my name in this group. The main one, Amendment 18...

Baroness O'Neill of Bengarve | 774 c1803 (Link to this contribution)

My Lords, earlier this afternoon in Amendment 10, the House accepted the principle of protection ...

Lord Wallace of Tankerness | 774 cc1803-4 (Link to this contribution)

My Lords, I added my name to the amendment moved by the noble Baroness, Lady Hollins, and spoken ...

Lord Henley | 774 cc1804-5 (Link to this contribution)

I do not think that I was in my place for the bit of Committee when the precursor to this amendme...

Lord Prescott | 774 cc1805-7 (Link to this contribution)

My Lords, I intervene to support the amendment that has been moved by the noble Baroness, Lady Ho...

Lord Paddick | 774 cc1807-8 (Link to this contribution)

My Lords, I declare a couple of interests, particularly in the light of the comments from the nob...

Lord Mackay of Clashfern | 774 c1808 (Link to this contribution)

My Lords, it seems to me that the Government have a responsibility to implement the section in th...

Lord Rosser | 774 c1808 (Link to this contribution)

I will be brief, as the noble Baroness, Lady Hollins, and other noble Lords, including my noble f...

Earl Howe | 774 cc1808-1810 (Link to this contribution)

My Lords, we discussed this issue in Committee when the noble Baroness tabled an amendment seekin...

Lord Prescott | 774 c1810 (Link to this contribution)

When Secretary of State Whittingdale went to the editors’ conference and told them, “We are minde...

Earl Howe | 774 c1810 (Link to this contribution)

That is precisely why I have suggested to the House that it is not unreasonable for the new Minis...

Lord Rooker | 774 c1810 (Link to this contribution)

That being said, can I follow up my noble friend’s question? The Minister listed groups that have...

Earl Howe | 774 c1810 (Link to this contribution)

I am not aware of that, but I can seek advice and let the noble Lord know when I have received it...

Lord Oates | 774 c1810 (Link to this contribution)

Is the Minister aware that very few people in this House think that this is the ideal way in whic...

Earl Howe | 774 c1811 (Link to this contribution)

I accept the point that the noble Lord made about the agreement made in 2013 on a cross-party bas...

Baroness Hollins | 774 c1811 (Link to this contribution)

My Lords, I thank noble Lords for their support and understanding. I am, frankly, unconvinced by ...

Baroness Hollins | 774 c1811 (Link to this contribution)

Moved by

Baroness Hollins

16: Clause 8, page 7, line 18, leave out subsection (4)

...
Baroness Hollins | 774 cc1811-6 (Link to this contribution)

Moved by

Baroness Hollins

18: After Clause 8, insert the following new Clause—

...

Baroness Hamwee | 774 c1816 (Link to this contribution)

Moved by

Baroness Hamwee

19: After Clause 10, insert the following new Clause—

...

Baroness Hamwee | 774 c1816 (Link to this contribution)

My Lords, this might be a mouse after the last amendment but it is not unimportant. It is about t...

Lord Keen of Elie | 774 cc1816-7 (Link to this contribution)

My Lords, it is the Government’s view that a new public reporting clause, as proposed by this ame...

Baroness Hamwee | 774 cc1817-8 (Link to this contribution)

My Lords, I thank the noble and learned Lord for that response. What we are really being told is ...

Baroness Jones of Moulsecoomb | 774 c1818 (Link to this contribution)

Moved by

Baroness Jones of Moulsecoomb

20: Clause 20, page 16, line 11, at end insert...

Baroness Jones of Moulsecoomb | 774 cc1818-9 (Link to this contribution)

My Lords, I rise to speak to Amendments 20 and 67, because they are very closely linked. They bot...

Lord Paddick | 774 c1819 (Link to this contribution)

My Lords, I have sympathy for the concerns held by the noble Baroness, Lady Jones, but bearing in...

Lord Rosser | 774 c1819 (Link to this contribution)

I, too, have sympathy with many of the points made by the noble Baroness, Lady Jones. If there we...

Lord Keen of Elie | 774 cc1819-1820 (Link to this contribution)

My Lords, as indicated by the noble Baroness, the amendments would provide that a targeted interc...

Baroness Jones of Moulsecoomb | 774 c1820 (Link to this contribution)

I thank the noble and learned Lord for his answer. I never tire of telling this House that I was ...

Earl Howe | 774 c1820 (Link to this contribution)

Moved by

Earl Howe

21: Clause 24, page 19, line 29, at end insert—

“and section...

Earl Howe | 774 cc1820-3 (Link to this contribution)

My Lords, I shall also speak to the other government amendments grouped here. These amendments re...

Baroness Hamwee | 774 cc1823-4 (Link to this contribution)

My Lords, my noble friend Lord Paddick and I have three amendments in this group—but, first, I th...

Earl Howe | 774 cc1824-5 (Link to this contribution)

My Lords, I am most grateful to the noble Baroness for speaking to her amendments so clearly, as ...

Lord Keen of Elie | 774 c1825 (Link to this contribution)

Moved by

Lord Keen of Elie

22: Clause 27, page 21, line 2, leave out “and (3)” and in...

Lord Keen of Elie | 774 cc1825-8 (Link to this contribution)

My Lords, the Government have listened carefully to concerns expressed in this House and by the l...

Baroness Hamwee | 774 cc1826-9 (Link to this contribution)

My Lords, I was wondering whether the noble and learned Lord, Lord Mackay of Clashfern, wanted to...

Lord Mackay of Clashfern | 774 cc1829-1831 (Link to this contribution)

My Lords, it may be convenient for me to speak about my Amendment 55A, which seeks to amend the n...

Lord Carlile of Berriew | 774 cc1831-2 (Link to this contribution)

My Lords, I would like to make three points. The first is a general point. I am sure the whole Ho...

Baroness Hayter of Kentish Town | 774 cc1832-3 (Link to this contribution)

Like other noble Lords, I thank the Minister and the Bill team for the detailed discussions—perha...

Lord Keen of Elie | 774 cc1833-5 (Link to this contribution)

My Lords, I am obliged to noble Lords. I begin by looking at Amendments 27 and 88, which seek to ...

Lord Mackay of Clashfern | 774 c1835 (Link to this contribution)

My Lords, I am extremely happy that the noble and learned Lord should look at this matter further...

Lord Keen of Elie | 774 c1836 (Link to this contribution)

Moved by

Lord Keen of Elie

23: Clause 27, page 21, line 14, at end insert—

“( )...

Lord Keen of Elie | 774 c1836 (Link to this contribution)

Moved by

Lord Keen of Elie

26: Clause 27, page 21, line 24, at end insert—

“( )...

Earl Howe | 774 cc1836-7 (Link to this contribution)

Moved by

Earl Howe

28: Clause 27, page 21, line 30, leave out “and (3)” and insert “t...

Earl Howe | 774 c1837 (Link to this contribution)

Moved by

Earl Howe

30: After Clause 27, insert the following new Clause—

“Confi...

Earl Howe | 774 cc1837-1840 (Link to this contribution)

My Lords, in moving Amendment 30, I shall speak also to the other government amendments grouped w...

Viscount Colville of Culross | 774 c1841 (Link to this contribution)

My Lords, I thank the Minister for bringing forward this group of amendments, which will go a ver...

Lord Black of Brentwood | 774 cc1841-2 (Link to this contribution)

My Lords, I declare my interest as executive director of the Telegraph Media Group and draw atten...

Lord Rooker | 774 c1842 (Link to this contribution)

My Lords, I am not a journalism specialist like the noble Viscount, Lord Colville, and the noble ...

Lord West of Spithead | 774 c1842 (Link to this contribution)

My Lords, to add to that, I too am most impressed with the package the Government have come up wi...

Lord Paddick | 774 c1842 (Link to this contribution)

I also thank the Minister for this impressive package of amendments. It clearly has to be necessa...

Baroness Hayter of Kentish Town | 774 c1843 (Link to this contribution)

My Lords, I hope that my noble friend Lord Rooker has not ended the Minister’s political career. ...

Earl Howe | 774 cc1843-4 (Link to this contribution)

My Lords, I very much appreciate the noble Lord, Lord West, alerting the House to the achievement...

Earl Howe | 774 c1844 (Link to this contribution)

Moved by

Earl Howe

31: After Clause 27, insert the following new Clause—

“Sourc...

Earl Howe | 774 c1844 (Link to this contribution)

Moved by

Earl Howe

32: Clause 29, page 23, line 14, after “warrant,” insert “—

...

Earl Howe | 774 c1844 (Link to this contribution)

Moved by

Earl Howe

37: Clause 31, page 25, line 3, leave out from “26” to first “appl...

Earl Howe | 774 c1845 (Link to this contribution)

Moved by

Earl Howe

38: Clause 33, page 26, line 19, leave out “section 26 or 27” and ...

Earl Howe | 774 c1845 (Link to this contribution)

Moved by

Earl Howe

42: Clause 34, page 27, line 21, leave out from “26” to “apply” in...

Earl Howe | 774 c1845 (Link to this contribution)

Moved by

Earl Howe

47: Clause 35, page 28, line 28, leave out “section 26 or 27” and ...

Earl Howe | 774 c1845 (Link to this contribution)

Moved by

Earl Howe

48: Clause 36, page 28, line 38, after “27” insert “, (Confidentia...

Earl Howe | 774 c1846 (Link to this contribution)

Moved by

Earl Howe

51: Clause 38, page 31, line 44, leave out from “organisation” to ...

Lord Rosser | 774 c1846 (Link to this contribution)

Moved by

Lord Rosser

52: Clause 39, page 32, line 18, at end insert—

“( ) If a ...

Lord Rosser | 774 c1846 (Link to this contribution)

This amendment is designed to ensure that where a warrant falls within the scope of an internatio...

Lord Paddick | 774 cc1846-7 (Link to this contribution)

My Lords, I have added my name to the amendment of the noble Lord, Lord Rosser, because we on the...

Earl Howe | 774 cc1847-8 (Link to this contribution)

My Lords, I am grateful to both the noble Lord, Lord Rosser, and the noble Lord, Lord Paddick, fo...

Lord Rosser | 774 c1848 (Link to this contribution)

I thank the Minister for his reply and for the update on the discussions that are taking place to...

Earl Howe | 774 c1848 (Link to this contribution)

Moved by

Earl Howe

53: Clause 51, page 40, line 9, at end insert—

“( ) Where—

Earl Howe | 774 cc1848-9 (Link to this contribution)

Moved by

Earl Howe

55: After Clause 52, insert the following new Clause—

“Addit...

Lord Butler of Brockwell | 774 c1849 (Link to this contribution)

Moved by

Lord Butler of Brockwell

58: Schedule 3, page 212, line 4, leave out “or 56”...

Lord Butler of Brockwell | 774 cc1849-1850 (Link to this contribution)

My Lords, Amendment 58 and others in this group are also in the names of my noble friend Lord Jan...

Lord Paddick | 774 c1850 (Link to this contribution)

My Lords, I support the amendments for the very reasons that the noble Lord, Lord Butler of Brock...

Baroness Hayter of Kentish Town | 774 c1850 (Link to this contribution)

My Lords, I was about to congratulate the noble Lord, Lord Butler, on his excellent drafting of t...

Lord Keen of Elie | 774 c1850 (Link to this contribution)

My Lords, we welcome the chance to revisit this important issue, which was debated in Committee.<...

Lord Butler of Brockwell | 774 c1850 (Link to this contribution)

Moved by

Lord Butler of Brockwell

59: Schedule 3, page 216, line 1, leave out “or 56”...

Lord Keen of Elie | 774 c1851 (Link to this contribution)

Moved by

Lord Keen of Elie

60: Schedule 3, page 218, line 25, leave out from “if” to ...

Lord Keen of Elie | 774 cc1851-2 (Link to this contribution)

My Lords, I shall now introduce a number of government amendments concerning the disclosure of in...

Earl Howe | 774 c1852 (Link to this contribution)

Moved by

Earl Howe

61: Schedule 3, page 218, line 29, at end insert—

“( ) In th...

Earl Howe | 774 c1852 (Link to this contribution)

Moved by

Earl Howe

62: Clause 55, page 43, line 37, at end insert—

“( ) But sub...

Earl Howe | 774 c1852 (Link to this contribution)

Moved by

Earl Howe

65: Clause 57, page 46, line 4, at end insert—

“section (Gen...

Earl Howe | 774 c1853 (Link to this contribution)

Moved by

Earl Howe

68: Clause 104, page 81, line 28, at end insert—

“and sectio...

Earl Howe | 774 cc1853-4 (Link to this contribution)

Moved by

Earl Howe

69: Clause 107, page 83, line 28, leave out “and (3)” and insert “...

Earl Howe | 774 c1854 (Link to this contribution)

Moved by

Earl Howe

75: After Clause 107, insert the following new Clause—

“Conf...

Earl Howe | 774 c1854 (Link to this contribution)

Moved by

Earl Howe

77: Clause 110, page 88, line 23, leave out from “106” to “apply” ...

Earl Howe | 774 c1854 (Link to this contribution)

Moved by

Earl Howe

78: Clause 112, page 89, line 39, leave out “sections 106 and 107”...

Earl Howe | 774 cc1854-6 (Link to this contribution)

Moved by

Earl Howe

79: Clause 113, page 90, line 25, leave out from “106” to “apply” ...

Earl Howe | 774 c1856 (Link to this contribution)

Moved by

Earl Howe

83: Clause 114, page 91, line 28, leave out “section 106 or 107” a...

Earl Howe | 774 c1856 (Link to this contribution)

Moved by

Earl Howe

84: Clause 115, page 91, line 37, after “107” insert “, (Confident...

Earl Howe | 774 c1856 (Link to this contribution)

Moved by

Earl Howe

87: Clause 116, page 94, line 3, leave out from “106” to “apply” i...

Earl Howe | 774 c1856 (Link to this contribution)

Moved by

Earl Howe

88: Clause 117, page 94, line 32, leave out “fifth” and insert “th...

Earl Howe | 774 cc1856-7 (Link to this contribution)

Moved by

Earl Howe

90: Clause 122, page 99, line 21, at end insert—

“( ) Where—...

Earl Howe | 774 c1857 (Link to this contribution)

Moved by

Earl Howe

92: After Clause 123, insert the following new Clause—

“Addi...

Earl Howe | 774 c1857 (Link to this contribution)

Moved by

Earl Howe

93: Clause 125, page 101, line 38, leave out “a view to furthering...

Earl Howe | 774 c1857 (Link to this contribution)

Moved by

Earl Howe

95: Clause 127, page 103, line 14, at end insert—

“section (...

Baroness Chisholm of Owlpen | 774 c1858 (Link to this contribution)

Because everything has gone so quickly, I beg to move that the House do adjourn during pleasure u...

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