HL Deb 13 December 2001 vol 629 c1434

8 Clause 19, page 9, line 18, at end insert— ( ) Information may only be disclosed voluntarily under this section if the Commissioners of Inland Revenue or the Commissioners of Customs and Excise believe or suspect that the disclosure may be of information which directly or indirectly relates to a risk to national security or to a terrorist. ( ) Any request by a relevant public authority for disclosure of information under this section may only be made if it believes or suspects that that information may relate directly or indirectly to any risk to national security or to a terrorist. ( ) "Relevant public authority" has the same meaning as in Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23) save that there is added thereto the Financial Services Authority and the Director of Public Prosecutions. ( ) "Terrorist" has the same meaning as in Part 4 of this Act.

The Commons disagreed to this amendment for the following reason:

8A Because it is not appropriate to limit the power conferred by this clause in the manner proposed by the amendment.

Lord Rooker

My Lords, I beg to move that this House do not insist on their Amendment No. 8 to which the Commons have disagreed for their reason numbered 8A, but do propose Amendment No. 8B in lieu thereof— 8B Page 9, line 18, at end insert— ( ) No disclosure of information to which this section applies shall be made by virtue of this section unless the person by whom the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it. The noble Lord said: My Lords, I have already spoken to this amendment with Amendment No. 5. I beg to move.

Moved, That the House do not insist on their Amendment No. 8 to which the Commons have disagreed for their reason numbered 8A, but do agree with the Commons in their Amendment No. 8B in lieu thereof.—(Lord Rooker.)

[Amendment No. 8C, as an amendment to the Motion, not moved.]

On Question, Motion agreed to.