HL Deb 28 June 2000 vol 614 cc1055-6

At the end of paragraph 1 of Part I of Schedule 2 there shall be inserted—

"in the Regulation of Investigatory Powers Tribunal."").

The noble Lord said: This is a very simple amendment, but one which has some consequences. The Bill provides for a regulation of investigatory powers tribunal. However, the Law Society of Scotland has pointed out to me that the relevant people will not be able to get legal aid as the Bill stands, should they appear before it. The society has suggested that that matter should be considered. I beg to move.

Lord Bach

This amendment would provide for legal aid to be available in Scotland to applicants to the tribunal. However, the convention is that this Parliament does not legislate on devolved matters. Legal aid is a devolved matter, and the responsibility of the Scottish Executive. As such, it is not possible for the Government to accept the amendment, and I hope that the noble Lord will feel able to withdraw it.

Lord Cope of Berkeley

In the light of that response, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Bach moved Amendments Nos. 222A and 222B: Page 87, line 17, at end insert— (" .—(1) In section 1 of the Security Service Act 1989 (functions of the Security Service), after subsection (4) there shall be inserted (5) Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of 'prevention' and 'detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I. (2) In section 2(2)(a) of that Act (duty of Director General to secure that information not disclosed except for authorised purposes), for "preventing or detecting" there shall be substituted "the prevention or detection of"."). Page 87, line 18, leave out paragraph 4.

The noble Lord said: These amendments have already been spoken to. I beg to move.

On Question, amendments agreed to.

[Amendment No. 223 had been withdrawn from the Marshalled List.]

Lord Bach moved Amendment No. 223A: Page 87, line 35, leave out paragraph 6.

On Question, amendment agreed to.

[Amendment No. 224 had been withdrawn from the Marshalled List.]

Lord Bach moved Amendments Nos. 224A to 226: Page 87, line 45, at end insert— (". In section 11 of the Intelligence Services Act 1994 (interpretation), after subsection (1) there shall be inserted— (1A) Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of 'prevention' and 'detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act." "). Page 88, line 14, at end insert ("and after "Commissioners" there shall be inserted "and any Assistant Surveillance Commissioners holding office under section (Assistant Surveillance Commissioners) of the Regulation of Investigatory Powers Act 2000""). Page 90, line 15, leave out ("requiring a key to protected information)") and insert ("imposing a disclosure requirement in respect of information protected by a key)"). Page 90, line 33, at end insert— ("(13) In Part VII of that Act, before section 134 there shall be inserted—