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Judges to consider requests for journalists' information Judges to consider requests for journalists' information
(35 minutes later)
A temporary measure is being introduced to allow judges to consider police requests for information from journalists' phone and email records.A temporary measure is being introduced to allow judges to consider police requests for information from journalists' phone and email records.
Changes to the Regulation of Investigatory Powers Act (Ripa) means police will need a judge's permission.Changes to the Regulation of Investigatory Powers Act (Ripa) means police will need a judge's permission.
It comes after 19 forces made hundreds of applications to gain confidential sources in the past three years.It comes after 19 forces made hundreds of applications to gain confidential sources in the past three years.
The prime minister agreed to the change two weeks ago, but the government is now publishing the details of it.The prime minister agreed to the change two weeks ago, but the government is now publishing the details of it.
Former Lord Chancellor Lord Falconer said a permanent change in the law was "a matter of urgency".Former Lord Chancellor Lord Falconer said a permanent change in the law was "a matter of urgency".
Calls within government for the change had been led by Deputy Prime Minister Nick Clegg.
'Better than nothing''Better than nothing'
Calls within government for the change had been led by Deputy Prime Minister Nick Clegg.
The Home Office has confirmed that a new temporary measure will be introduced under Ripa, which will mean police, or the National Crime Agency or Her Majesty's Revenue and Customs, are required to seek a judge's permission.The Home Office has confirmed that a new temporary measure will be introduced under Ripa, which will mean police, or the National Crime Agency or Her Majesty's Revenue and Customs, are required to seek a judge's permission.
The rules will be changed so officers have to treat the matter under the Police and Criminal Evidence act (Pace) instead.The rules will be changed so officers have to treat the matter under the Police and Criminal Evidence act (Pace) instead.
Lord Falconer, who helped promote Ripa when it was introduced in Parliament, told BBC Radio 4's Today programme that while the temporary measure was "better than nothing... something much more dramatic needs to be done".Lord Falconer, who helped promote Ripa when it was introduced in Parliament, told BBC Radio 4's Today programme that while the temporary measure was "better than nothing... something much more dramatic needs to be done".
He added that it was "never envisaged" that Ripa "would be used by the police in the way that it's been used".He added that it was "never envisaged" that Ripa "would be used by the police in the way that it's been used".
"There may be exceptional circumstances where a journalist is not acting as a journalist, but acting as a sort of criminal."There may be exceptional circumstances where a journalist is not acting as a journalist, but acting as a sort of criminal.
"But assume the journalist is acting as a journalist, then in my view, before any disclosure of communications data... is made, it should go before a judge so that he or she can make a judgement as to whether or not the interest in a free press is in fact overridden by the need to investigate crime.""But assume the journalist is acting as a journalist, then in my view, before any disclosure of communications data... is made, it should go before a judge so that he or she can make a judgement as to whether or not the interest in a free press is in fact overridden by the need to investigate crime."
'Permanent safeguards''Permanent safeguards'
An inquiry into Ripa was launched last autumn after it was revealed that police in London and Kent accessed journalists' phone records as they investigated two cases.An inquiry into Ripa was launched last autumn after it was revealed that police in London and Kent accessed journalists' phone records as they investigated two cases.
One was the Plebgate affair, which took place in 2012 when police officers would not let former minister Andrew Mitchell cycle through Downing Street's main gate.One was the Plebgate affair, which took place in 2012 when police officers would not let former minister Andrew Mitchell cycle through Downing Street's main gate.
The other was the case of former cabinet minister Chris Huhne, who was jailed for perverting the course of justice in 2013.The other was the case of former cabinet minister Chris Huhne, who was jailed for perverting the course of justice in 2013.
A spokesman Mr Clegg said: "We're glad the Tories have finally found some sense and have at least agreed to ensure temporary measures are put in place to protect journalist sources.A spokesman Mr Clegg said: "We're glad the Tories have finally found some sense and have at least agreed to ensure temporary measures are put in place to protect journalist sources.
"Whilst temporary measures are better than none, we will not stop pushing to ensure permanent safeguards are put in place.""Whilst temporary measures are better than none, we will not stop pushing to ensure permanent safeguards are put in place."
A Home Office spokesman said: "A free press is fundamental to a free society.
"The government has accepted in full the recommendations of the Interception of Communications Commissioner and we are determined to implement them as soon as is legally possible.
"So we are legislating as far as possible now until a bill can be introduced in the next parliament which delivers the recommendations in full."