Overview

This bill, the Investigatory Powers Bill, focuses on amendments related to civil liability for unlawful interception of communications. The House of Lords proposed changes to introduce new clauses regarding civil liability and cost awards in such cases, but the House of Commons disagreed with most of these proposals due to concerns about the timing and appropriateness of the proposed changes, particularly relating to the press. The core disagreement centers on whether to extend civil liability for unlawful interception and how to manage associated cost awards.

Description

The bill's amendments primarily concern the creation of new civil liability for unlawful interception of communications and the awarding of costs in related legal cases. Initially, the Lords proposed amendments (15) to adjust cost awards for relevant publishers involved in legal disputes arising from unlawful interception of communications. The Commons rejected these amendments (Reason 15A) due to ongoing considerations of press regulation.

The Lords then proposed replacement amendments (15B and 15C) which added new clauses establishing civil liability for unlawful communication interception and further cost award adjustments. The Commons rejected these amendments as well (Reasons 15D and 15E) due to concerns about expanding civil liability and the timing relative to press regulation consultations.

Further amendments (338, 339) and their subsequent replacements (338B, 339B, 339C) dealt with the timing of when these new clauses would come into force and ultimately whether they should have a limited lifespan (6 years). These too were rejected by the Commons due to concerns about their timing and their connection to other amendments concerning unlawful interception and press regulation (Reasons 338C, 339D, 339E).

Government Spending

The bill itself doesn't directly allocate specific funds. However, the potential legal costs associated with claims under the proposed new clauses, particularly if they lead to significant litigation, could increase government spending, although no figures are given.

Groups Affected

• Publishers (especially news publishers): The amendments directly impact publishers, particularly those who are members of approved regulators, by altering the rules around cost awards in cases related to unlawfully intercepted communications. They could face higher legal costs.
• Individuals whose communications were unlawfully intercepted: The proposed amendments could potentially increase their ability to seek legal redress for unlawful interception and affect the awarding of legal costs in such cases.
• Law enforcement agencies: The changes could potentially affect how they conduct investigations and the legal risks associated with such activity.
• Regulators (approved regulators under the Crime and Courts Act 2013): The amendments would impact the role of approved regulators and their dispute resolution mechanisms.

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