Covert Human Intelligence Sources (Criminal Conduct) Bill Debate
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Lord Anderson of Ipswich
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Covert Human Intelligence Sources (Criminal Conduct) Bill
Lord Anderson of Ipswich Excerpts
Report stage
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Report: 2nd sitting (Hansard)
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Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th January 2021
Read Full debate Covert Human Intelligence Sources (Criminal Conduct) Act 2021 View all Covert Human Intelligence Sources (Criminal Conduct) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 144(Corr)-R-II(Rev) Revised second marshalled list for Report - (11 Jan 2021)
Wednesday 13th January 2021
(3 years, 11 months ago)
Lords ChamberRead Full debate Covert Human Intelligence Sources (Criminal Conduct) Act 2021 View all Covert Human Intelligence Sources (Criminal Conduct) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 144(Corr)-R-II(Rev) Revised second marshalled list for Report - (11 Jan 2021)
Moved by
22: Clause 1, page 3, line 16, at end insert—
“( ) Notwithstanding section 27, injury sustained by any person shall not be excluded from the scope of the Schemes provided for by the Criminal Injuries Compensation Act 1985 and the Criminal Injuries Compensation (Northern Ireland) Order 2002 by virtue of the fact that the conduct causing such injury was authorised under this section.”Member’s explanatory statement
This amendment seeks to ensure that victims of violent crime are not rendered ineligible for criminal injuries compensation by reason of the fact that the crime was the subject of a criminal conduct authorisation.
“( ) Notwithstanding section 27, injury sustained by any person shall not be excluded from the scope of the Schemes provided for by the Criminal Injuries Compensation Act 1985 and the Criminal Injuries Compensation (Northern Ireland) Order 2002 by virtue of the fact that the conduct causing such injury was authorised under this section.”Member’s explanatory statement
This amendment seeks to ensure that victims of violent crime are not rendered ineligible for criminal injuries compensation by reason of the fact that the crime was the subject of a criminal conduct authorisation.
Lord Anderson of Ipswich (CB) [V]
I beg to move and I wish to test the opinion of the House.
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Moved by
33: After Clause 2, insert the following new Clause—
“Notification to a Judicial Commissioner
After section 32B of the Regulation of Investigatory Powers Act 2000 insert—<strong>“32C</strong> Notification of criminal conduct authorisations(1) This section applies where a person grants or cancels an authorisation under section 29B.(2) The person must give notice that the person has granted or cancelled the authorisation to a Judicial Commissioner.(3) A notice given for the purposes of subsection (2) must be given—(a) in writing as soon as reasonably practicable and, in any event, before the end of the period of 7 days beginning with the day after that on which the authorisation to which it relates is granted or, as the case may be, cancelled; and(b) in accordance with such arrangements made for the purposes of this paragraph by the Investigatory Powers Commissioner as are for the time being in force.(4) A notice under this section relating to the grant of an authorisation under section 29B must—(a) set out the grounds on which the person giving the notice believes that the requirements of section 29B(4) are satisfied in relation to the authorisation; and(b) specify the conduct that is authorised under section 29B by the authorisation.(5) Any notice that is required by this section to be given in writing may be given, instead, by being transmitted by electronic means.””Member’s explanatory statement
This new clause requires a person who grants or cancels a criminal conduct authorisation under new section 29B of the Regulation of Investigatory Powers Act 2000 to give notice to a Judicial Commissioner (appointed under the Investigatory Powers Act 2016). It provides for when and how the notice must be given and requires that it contains certain information. The references in the new clause to the grant of an authorisation include the renewal of an authorisation (see section 43(5) of the 2000 Act).
“Notification to a Judicial Commissioner
After section 32B of the Regulation of Investigatory Powers Act 2000 insert—<strong>“32C</strong> Notification of criminal conduct authorisations(1) This section applies where a person grants or cancels an authorisation under section 29B.(2) The person must give notice that the person has granted or cancelled the authorisation to a Judicial Commissioner.(3) A notice given for the purposes of subsection (2) must be given—(a) in writing as soon as reasonably practicable and, in any event, before the end of the period of 7 days beginning with the day after that on which the authorisation to which it relates is granted or, as the case may be, cancelled; and(b) in accordance with such arrangements made for the purposes of this paragraph by the Investigatory Powers Commissioner as are for the time being in force.(4) A notice under this section relating to the grant of an authorisation under section 29B must—(a) set out the grounds on which the person giving the notice believes that the requirements of section 29B(4) are satisfied in relation to the authorisation; and(b) specify the conduct that is authorised under section 29B by the authorisation.(5) Any notice that is required by this section to be given in writing may be given, instead, by being transmitted by electronic means.””Member’s explanatory statement
This new clause requires a person who grants or cancels a criminal conduct authorisation under new section 29B of the Regulation of Investigatory Powers Act 2000 to give notice to a Judicial Commissioner (appointed under the Investigatory Powers Act 2016). It provides for when and how the notice must be given and requires that it contains certain information. The references in the new clause to the grant of an authorisation include the renewal of an authorisation (see section 43(5) of the 2000 Act).
Moved by
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Moved by
44: Schedule 2, page 9, line 9, at end insert—
“2A_ In the heading before section 32A (authorisations requiring judicial approval), after “approval” insert “or notification”.”Member’s explanatory statement
This amendment is in consequence of the new clause which inserts section 32C of the Regulation of Investigatory Powers Act 2000 on judicial notification.
“2A_ In the heading before section 32A (authorisations requiring judicial approval), after “approval” insert “or notification”.”Member’s explanatory statement
This amendment is in consequence of the new clause which inserts section 32C of the Regulation of Investigatory Powers Act 2000 on judicial notification.
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Moved by
46: Schedule 2, page 11, line 14, at end insert—
“Coronavirus Act 2020
15_(1) Sub-paragraph (2) applies to—(a) section 22 of the Coronavirus Act 2020 (appointment of temporary Judicial Commissioners),(b) regulation 3(1) of the Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 (S.I. 2020/360), and(c) any appointment which was made under that regulation and has effect immediately before the coming into force of this paragraph.(2) In section 22(1), regulation 3(1) or the appointment, references to functions conferred on Judicial Commissioners by—(a) the Regulation of Investigatory Powers Act 2000,(b) the Regulation of Investigatory Powers (Scotland) Act 2000, and(c) the Investigatory Powers Act 2016,are to be read as including references to functions conferred on Judicial Commissioners by those Acts by virtue of amendments made by this Act.” Member’s explanatory statement
This amendment allows for functions conferred on Judicial Commissioners by virtue of the Bill to be performed by temporary Judicial Commissioners appointed under regulations made under section 22 of the Coronavirus Act 2020.
“Coronavirus Act 2020
15_(1) Sub-paragraph (2) applies to—(a) section 22 of the Coronavirus Act 2020 (appointment of temporary Judicial Commissioners),(b) regulation 3(1) of the Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 (S.I. 2020/360), and(c) any appointment which was made under that regulation and has effect immediately before the coming into force of this paragraph.(2) In section 22(1), regulation 3(1) or the appointment, references to functions conferred on Judicial Commissioners by—(a) the Regulation of Investigatory Powers Act 2000,(b) the Regulation of Investigatory Powers (Scotland) Act 2000, and(c) the Investigatory Powers Act 2016,are to be read as including references to functions conferred on Judicial Commissioners by those Acts by virtue of amendments made by this Act.” Member’s explanatory statement
This amendment allows for functions conferred on Judicial Commissioners by virtue of the Bill to be performed by temporary Judicial Commissioners appointed under regulations made under section 22 of the Coronavirus Act 2020.