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BUSINESS BULLETIN 112 / 2000

Thursday 29 June 2000

Section G - Bills, amendments to Bills and proposals for members’ Bills

 

 

New Bills introduced or reprinted on 28 June 2000

Bail, Judicial Appointments etc. (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 17A) (Executive Bill)

 

New amendments to Bills lodged on 28 June 2000

Regulation of Investigatory Powers (Scotland) Bill – Stage 2

After section 18

      Christine Grahame
      Supported by: Michael Matheson

72  After section 18, insert—

<Duty to inform former surveillance subjects

Duty to inform former surveillance subjects

(1) As soon as reasonably practicable after an authorisation—

(a) for the carrying out of intrusive surveillance is quashed under section 11(1);

(b) ceases to have effect under section 15(3); or

(c) is cancelled under section 16(1), (2) or (3),

the relevant public authority shall, subject to subsection (2) below, notify in writing the person who granted or, as the case may be, last renewed the authorisation of its intention to inform the former surveillance subject that he has been the subject of surveillance.

(2) If the person who granted or, as the case may be, last renewed the authorisation considers that so informing the former surveillance subject would or might not be in the public interest, that person shall, not later than 7 days after receiving notification under subsection (1), object in writing to the relevant public authority.

(3) If no objection is received under subsection (2) within the time limit specified in that subsection, the relevant public authority shall inform the former surveillance subject forthwith.

(4) If an objection is received under subsection (2) within the time limit specified in that subsection, the relevant public authority shall refer the matter in writing to an ordinary Surveillance Commissioner for determination.

(5) Where a matter is referred under subsection (4), the Surveillance Commissioner shall, within 7 days—

(a) make a final determination either—

(i) that the former surveillance subject be informed forthwith; or

(ii) that the former surveillance subject not be informed; or

(b) defer a final determination for such period, not exceeding 3 months, as he may specify,

and inform the relevant public authority in writing of his determination or decision.

(6) On receipt of a final determination under subsection (5)(a)(i), the relevant public authority shall inform the former surveillance subject forthwith.

(7) Where the Surveillance Commissioner defers a final determination under subsection (5)(b)—

(a) that Commissioner may, at any time within the specified period—

(i) make a final determination under subsection (5)(a)(i) or (ii); or

(ii) further defer a final determination by extending (on one occasion only) the period specified under subsection (5)(b) for no more than one month; but

(b) if no final determination has been made by the end of the specified period (whether or not extended under paragraph (a)(ii)), the relevant public authority shall inform the former surveillance subject forthwith.

(8) The Surveillance Commissioner shall make a final determination under subsection (5)(a)(ii) above only if satisfied that informing the former surveillance subject would—

(a) in relation to an authorisation for the carrying out of intrusive surveillance quashed under section 11(1), certainly or probably cause substantial prejudice to any ongoing operation; or

(b) in relation to an authorisation ceasing to have effect under section 15(3) or cancelled under section 16(1), (2) or (3), cause possible prejudice to any ongoing operation.

(9) Where a former surveillance subject is informed under subsection (6) or (7)(b), the information shall be in writing and shall specify—

(a) the period within which the authorisation had effect; and

(b) whether the authorisation was for intrusive surveillance, directed surveillance or the use of a covert human intelligence source.

(10) It shall be the duty of any relevant public authority within the meaning of this Act to provide an ordinary Surveillance Commissioner with such information as that Commissioner reasonably requires in relation to any matter referred for a determination under subsection (4).

(11) In this section—

"former surveillance subject" means a person who—

(a) has been the subject of directed or intrusive surveillance; or

(b) with whom a covert human intelligence source established or maintained a personal or other relationship and from whom information was covertly obtained or access to information covertly gained;

"ongoing operation" means any operation being conducted by a relevant public authority and aimed at the prevention or detection of crime, the prevention of disorder or the protection of public safety or public health (including any surveillance operation for which authorisation has been granted under this Act and continues to have effect);

"relevant public authority" has the same meaning as in section 5(3).>

 

Proposals for Members’ Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters’ names shown in bold. The member who lodged such a proposal has the right to introduce a Member’s Bill to give effect to that proposal under rule 9.14.

Mr Keith Harding: Proposed Dog Fouling Bill—Proposal for a Bill to amend the Civic Government (Scotland) Act 1982 to extend the offence of dog fouling so it applies to any person in charge of a dog who allows it to deposit excrement in any public place or fails to dispose appropriately of that excrement; and to give power to impose a fixed on-the-spot penalty for such an offence to specified persons such as traffic wardens, as well as police constables, without the requirement for a corroborating witness. (lodged 14 June 2000)

Supported by: Mr Jamie McGrigor, David Mundell, Mr Murray Tosh, David McLetchie, Alex Johnstone, Lord James Douglas-Hamilton, Mary Scanlon, Phil Gallie, John Scott, Nick Johnston, Alex Fergusson, Bill Aitken, Robert Brown, Mr Brian Monteith, Mr David Davidson

Bill Aitken: Proposed Special Advisers etc. Bill—Proposal for a Bill to limit the number and remit of special advisers appointed by the Scottish Ministers; and to require the Scottish Ministers, when announcing spending plans, to make clear whether provision has already been made for the funds in question to be paid out of the Scottish Consolidated Fund and whether the plans have been announced on a previous occasion. (lodged 28 June 2000)

 

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