Overview

This document details disagreements between the House of Lords and the House of Commons regarding amendments to the Investigatory Powers Bill. The core dispute centers around proposed new clauses establishing civil liability for unlawful interception of communications and the associated award of costs, particularly concerning news publishers. The Commons reject the Lords' amendments primarily due to concerns about the timing and scope of the proposed changes.

Description

The Lords proposed several amendments (15, 15B, 15C, 338, 338B, 339, 339B, 339C) to the Investigatory Powers Bill. Amendments 15B and 15C are key: 15B creates civil liability for unlawful interception of communications transmitted via public telecommunications systems within the UK, allowing suits by senders or recipients. 15C addresses cost awards in such cases, particularly favoring publishers who are members of approved regulators (as defined in the Crime and Courts Act 2013) by limiting the award of costs against them unless certain conditions are met. Amendments 338B and 339B, 339C relate to the effective date and duration of 15B and 15C - proposing that they come into effect immediately after the act's passing and would be repealed after six years.

Government Spending

The bill amendments themselves don't directly specify government spending. However, the potential for increased litigation stemming from the proposed civil liability for unlawful interception could indirectly impact government spending on legal costs and/or potential compensation payouts. No figures are provided.

Groups Affected

• News Publishers: Significantly affected by amendments concerning cost awards in cases of unlawful interception and publication of intercepted communications. The amendments aim to protect publishers who are members of approved regulators from cost awards, unless specific conditions are met.
• Individuals whose communications are unlawfully intercepted: Potentially benefit from the introduction of civil liability for unlawful interception, enabling them to seek legal redress.
• Law enforcement and intelligence agencies: Could face increased legal challenges and costs if the amendments are passed and result in more successful lawsuits against them or bodies they work with.
• Approved Regulators (as defined in the Crime and Courts Act 2013): Their role in arbitration and the impact on their members' liability for costs are key aspects of the amendment.

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