House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1237

House of Commons

Tuesday 9 December 2014

Committee of the whole House

Counter-Terrorism and Security Bill

Note

The Amendments have been arranged in accordance with the Order of the House

[2 December 2014].

Part 2, new clauses relating to part 2, new schedules relating to part 2

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  12,  page  8,  line  11,  leave out subsection (3)

Member’s explanatory statement

This would remove the 200-mile limit on the Home Secretary’s ability to relocate people.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  14,  page  9,  line  33,  at end insert—

“6B
Regulated Activity Measure

(1)
The Secretary of State may impose on the individual restrictions on taking part in

regulated activity relating to—

(a)
vulnerable adults;

(b)
children; or

(c)
both.

Committee of the whole House:
1238

, continued

(2)
In this section “Regulated Activity” is as defined in Schedule 4 of the

Safeguarding Vulnerable Adults Act 2006.”

Member’s explanatory statement

This amendment would allow the Secretary of State to prevent an individual on a TPIM working

(including voluntary work) with children or vulnerable adults or both.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  15,  page  10,  line  8,  at end insert—

“(3)
Appointments required under subsection (1) may include appointments with

persons involved in delivering programmes established under Part 5, Chapter 2

of the Counter-Terrorism and Security Act 2014.”

Member’s explanatory statement

This amendment would make clear that the Secretary of State can instruct an individual on a TPIM

to attend de-radicalisation programmes.

Part 3, new clauses relating to part 3, new schedules relating to part 3,

part 4, new clauses relating to part 4, new schedules relating to part 4

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  17,  page  11,  line  3,  at end insert—

“(iii)
is beyond that which is necessary to allow the identification of

the user from the public Internet Protocol address.”

Member’s explanatory statement

This amendment would make it explicit that the extra data retention provided for in Clause 17 does

not extend beyond that which is necessary for the purpose of identifying a user from the IP address.

This amendment is not intended to impact on the rest of the Data Retention and Investigatory

Powers Act, only the extra retention requirements created by Clause 17.

John McDonnell

Jeremy Corbyn

Caroline Lucas

Mark Durkan

NC1

To move the following Clause—


“Access to retained data: judicial oversight

(1)
The Regulation of Investigatory Powers Act 2000 is amended as follows.

Committee of the whole House:
1239

, continued

(2)
After section 22 insert—

“22A
Access to retained communications data: judicial oversight

(1)
This section applies where a person designated for the purposes of this

Chapter believes that it is necessary on grounds falling within section 22

to obtain relevant communications data retained under section 1 of the

Data Retention and Investigatory Powers Act 2014 relating to

professional activities covered by a duty of confidentiality.

(2)
Before granting an authorisation or issuing a notice under section 22 the

designated person must have obtained the permission of the court.

(3)
In determining whether to grant permission under subsection (2) the

court shall in particular balance the reasons why the designated person

believes it is necessary to obtain the data against the public interest in

upholding the duty of confidentiality.

(4)
The Secretary of State may by regulations specify—

(a)
the court or courts that shall determine applications for

permission under this section;

(b)
the process for the court or courts to determine whether to grant

permission;

(c)
the period for which permission shall apply before being

renewed by the court; and

(d)
the process for a person or persons to appeal against a decision

to grant permission.

(5)
Regulations under this section may not be made until they have been laid

in draft before and approved by both Houses of Parliament.

(6)
In this section “professional activities covered by a duty of

confidentiality” shall include, but not be limited to, the professional

activities of journalists, legal advisers, medical professions and Members

of Parliament.”

Diana Johnson

Mr David Hanson

Phil Wilson

NC2

To move the following Clause—


“Review of timing for disclosure of Relevant Internet Data

(1)
The Secretary of State must instigate a review of the time taken for

communications service providers to comply with a request for subscriber

information made under Part 1, Chapter 2 of the Regulation of Investigatory

Powers Act 2000.

(2)
In this section “subscriber information” means relevant internet data as defined in

section 17 of this Act in so far as it relates to information required to link a public

internet protocol address to an individual user.”

Member’s explanatory statement

This New Clause would require the Home Secretary to instigate a review regarding the time taken

Committee of the whole House:
1240

, continued

by communications service providers to disclose information which links an individual to an IP

address.

Chapter 2 of Part 1, new clauses relating to chapter 2 of part 1, new

schedules relating to chapter 2 of part 1

Mr David Winnick

Mark Durkan

Clause  2,  page  2,  line  3,  leave out subsection (2) and insert—

“(2)
The court may impose a temporary exclusion order on an individual following an

application from the Secretary of State if the court is satisfied that conditions A

to D are met.”

Mr David Winnick

Mark Durkan

Clause  2,  page  2,  line  16,  leave out “Secretary of State” and insert “the court”

Mr David Winnick

Mark Durkan

Clause  11,  page  7,  line  19,  at end insert—

““the court”

(a)
in relation to proceedings relating to a temporary exclusion order

in the case of which the excluded individual is a person whose

principal place of residence immediately prior to leaving the

United Kingdom was in Scotland, means the Outer House of the

Court of Session;

(b)
in relation to proceedings relating to a temporary exclusion order

in the case of which the excluded individual is a person whose

principal place of residence immediately prior to leaving the

United Kingdom was in Northern Ireland, means the High Court

in Northern Ireland; and

(c)
in any other case, means the High Court in England and Wales;”

Committee of the whole House:
1241

, continued

Part 6, new clauses relating to part 6, new schedules relating to part 6,

part 7, remaining new clauses, remaining new schedules, remaining

proceedings on the bill

John McDonnell

Jeremy Corbyn

Caroline Lucas

Mark Durkan

Clause  36,  page  22,  line  32,  at end insert—

“(3A)
Regulations under section (3) shall include provision requiring the board to

undertake an inquiry into the retention of and access to data relating to

professions that operate under a duty of confidentiality.”

John McDonnell

Jeremy Corbyn

Caroline Lucas

Mark Durkan

Clause  36,  page  22,  line  34,  at end insert—

“(4A)
Regulations under section (3) shall provide for the membership of the board to

include representatives of professions who operate under a duty of

confidentiality.”

John McDonnell

Jeremy Corbyn

Caroline Lucas

Mark Durkan

Clause  36,  page  23,  line  9,  at end insert—

““professions who operate under a duty of confidentiality” shall include, but

not be limited to, journalists, legal representatives, medical professionals

and Members of Parliament.”

John McDonnell

Jeremy Corbyn

Caroline Lucas

Mark Durkan

Clause  42,  page  25,  line  5,  at end insert—

“(3A)
The Secretary of State shall not make regulations under subsection (3)(a) until a

report by the Interception of Communications Commissioner on the use of

powers under the Regulation of Investigatory Powers Act 2000 to access the

records of journalists has been laid before both Houses of Parliament.”

Committee of the whole House:
1242

, continued

Order of the House [2 December 2014]

That the following provisions shall apply to the Counter-Terrorism and Security Bill—

Committal

1.
The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee

2.
Proceedings in the Committee of the whole House shall be completed in three

days.

3.
The proceedings shall be taken on the days shown in the first column of the

following Table and in the order so shown.

4.
The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

TABLE

Proceedings
Time for conclusion of proceedings

First Day

Part 2, new Clauses relating to Part 2,
Three hours after the commencement

new Schedules relating to Part 2
of proceedings on the first day

Part 3, new Clauses relating to Part 3,
Six hours after the commencement of

new Schedules relating to Part 3, Part
those proceedings

4, new Clauses relating to Part 4,

new Schedules relating to Part 4

Second Day

Chapter 1 of Part 1, new Clauses
Three hours after the commencement

relating to Chapter 1 of Part 1, new
of proceedings on the second day

Schedules relating to Chapter 1 of

Part 1

Chapter 2 of Part 1, new Clauses
Six hours after the commencement of

relating to Chapter 2 of Part 1, new
those proceedings

Schedules relating to Chapter 2 of

Part 1

Third Day

Clause 21, Schedule 3, Clauses 22 to
Three hours after the commencement

27, new Clauses relating to Chapter 1
of proceedings on the third day

of Part 5, new Schedules relating to

Chapter 1 of Part 5, Clauses 28 to 30,

Schedule 4, Clauses 31 to 33, new

Clauses relating to Chapter 2 of Part

5, new Schedules relating to Chapter

2 of Part 5

Part 6, new Clauses relating to Part 6,
The moment of interruption on the

new Schedules relating to Part 6, Part
third day

7, remaining new Clauses, remaining

new Schedules, remaining

proceedings on the Bill

Committee of the whole House:
1243

, continued

Consideration and Third Reading

5.
Any proceedings on Consideration and proceedings on Third Reading shall

be taken in two days in accordance with the following provisions of this

Order.

6.
Any proceedings on Consideration shall (so far as not previously concluded)

be brought to a conclusion one hour before the moment of interruption on the

second day.

7.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on the second day.

Programming committee

8.
Standing Order No. 83B (Programming committees) shall not apply to the

proceedings on the Bill in Committee of the whole House, to any proceedings

on Consideration or to proceedings on Third Reading.

Other Proceedings

9.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.



© Parliamentary copyright	Revised 9 December 2014