House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

Notices of Amendments: 11 December 2014
1254

Counter-Terrorism and Security Bill, continued

Schedule of the Bill this new clause would make police bail, with conditions, available for those

suspected of terrorism.

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

29

Clause  1,  page  1,  line  8,  at end insert—

“(2)
This section shall be repealed on 31 December 2016 unless both Houses of

Parliament have passed a resolution that it should continue in force until a future

date.

(3)
The date specified in a resolution of both Houses of Parliament under subsection

( ) may be modified by subsequent resolutions of both Houses of Parliament.”

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

NC9

To move the following Clause—


“Imposition of terrorism prevention and investigation measures

(1)
The Secretary of State may by notice (a “TEO”) impose a “temporary exclusion

order” which requires an individual not to return to the United Kingdom on an

individual if conditions A to E in section [Conditions A to E] are met.

(2)
1n this Act “temporary exclusion order” means requirements, restrictions and

other provision which may be made in relation to an individual by virtue of

sections [Conditions A to E] “prior permission of the court” and Schedule ( )

[Terrorism prevention and investigation measures].

(3)
An individual subject to a TEO may not return to the UK unless—

(a)
the return is in accordance with a permit to return issued by the Secretary

of State before the individual began the return, or

(b)
the return is the result of the individual’s deportation to the United

Kingdom.”

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

NC10

To move the following Clause—


“Conditions A to E

(1)
Condition A is that the Secretary of State reasonably suspects that the individual

is, or has been, involved in terrorism-related activity outside the United Kingdom.

(2)
Condition B is that the Secretary of State reasonably considers that it is necessary,

for purposes connected with protecting members of the public in the United

Kingdom from a risk of terrorism, for a temporary exclusion order to be imposed

on the individual.

(3)
Condition C is that the Secretary of State reasonably considers that the individual

is outside the United Kingdom.

Notices of Amendments: 11 December 2014
1255

Counter-Terrorism and Security Bill, continued

(4)
Condition D is that the individual has the right of abode in the United Kingdom.

(5)
Condition E is that—

(a)
the court gives the Secretary of State permission under section 3, or

(b)
the Secretary of State reasonably considers that the urgency of the case

requires a temporary exclusion order to be imposed without obtaining

such permission.

(6)
During the period that a temporary exclusion order is in force, the Secretary of

State must keep under review whether condition B is met.”

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

NC11

To move the following Clause—


“Prior permission of the court

(1)
This section applies if the Secretary of State—

(a)
makes the relevant decisions in relation to an individual, and

(b)
makes an application to the court for permission to impose measures on

the individual.

(2)
The application must set out a draft of the proposed TEO notice.

(3)
The function of the court on the application is—

(a)
to determine whether the relevant decisions of the Secretary of State are

obviously flawed, and

(b)
to determine whether to give permission to impose measures on the

individual and (where applicable) whether to exercise the power of

direction under subsection (9).

(4)
The court may consider the application—

(a)
in the absence of the individual;

(b)
without the individual having been notified of the application; and

(c)
without the individual having been given an opportunity (if the individual

was aware of the application) of making any representations to the court.

(5)
But that does not limit the matters about which rules of court may be made.

(6)
In determining the application, the court must apply the principles applicable on

an application for judicial review.

(7)
In a case where the court determines that a decision of the Secretary of State that

condition A, condition B, or condition C is met is obviously flawed, the court may

not give permission under this section.

(8)
In any other case, the court may give permission under this section.

(9)
If the court determines that the Secretary of State‘s decision that condition D is

met is obviously flawed, the court may (in addition to giving permission under

subsection (8) give directions to the Secretary of State in relation to the measures

to be imposed on the individual.

(10)
1n this section “relevant decisions” means the decisions that the following

conditions are met—

(a)
condition A;

(b)
condition B;

(c)
condition C; and

(d)
condition D.”

Notices of Amendments: 11 December 2014
1256

Counter-Terrorism and Security Bill, continued

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

NS1

To move the following Schedule—

“Proceedings relating to Temporary Exclusion Orders

Introductory

1
In this Schedule—

“appeal proceedings” means proceedings in the Court of Appeal or the Inner

House of the Court of Session on an appeal relating to temporary

exclusion order proceedings;

“the relevant court” means—

(a)
in relation to TEO proceedings, the court;

(b)
in relation to appeal proceedings, the Court of Appeal or the

Inner House of the Court of Session;

“rules of court” means rules for regulating the practice and procedure to be

followed in the court, the Court of Appeal or the Inner House of the Court

of Session.

Rules of court: general provision

2    (1)
A person making rules of court relating to TEO proceedings or appeal

proceedings must have regard to the need to secure the following—

(a)
that the decisions that are the subject of the proceedings are properly

reviewed, and

(b)
that disclosures of information are not made where they would be

contrary to the public interest.

      (2)
Rules of court relating to TEO proceedings or appeal proceedings may make

provision—

(a)
about the mode of proof and about evidence in the proceedings;

(b)
enabling or requiring the proceedings to be determined without a

hearing;

(c)
about legal representation in the proceedings;

(d)
enabling the proceedings to take place without full particulars of the

reasons for the decisions to which the proceedings relate being given

to a party to the proceedings (or to any legal representative of that

party);

(e)
enabling the relevant court to conduct proceedings in the absence of

any person, including a party to the proceedings (or any legal

representative of that party);

(f)
about the functions of a person appointed as a special advocate (see

paragraph 10);

(g)
enabling the court to give a party to the proceedings a summary of

evidence taken in the party’s absence.

      (3)
In this paragraph—

(a)
references to a party to the proceedings do not include the Secretary of

State;

(b)
references to a party’s legal representative do not include a person

appointed as a special advocate.

Notices of Amendments: 11 December 2014
1257

Counter-Terrorism and Security Bill, continued

      (4)
Nothing in this paragraph is to be read as restricting the power to make rules

of court or the matters to be taken into account when doing so.

Rules of court: disclosure

3    (1)
Rules of court relating to TEO proceedings or appeal proceedings must secure

that the Secretary of State is required to disclose—

(a)
material on which the Secretary of State relies,

(b)
material which adversely affects the Secretary of State’s case, and

(c)
material which supports the case of another party to the proceedings.

      (2)
This paragraph is subject to paragraph 4.

4    (1)
Rules of court relating to TEO proceedings or appeal proceedings must

secure—

(a)
that the Secretary of State has the opportunity to make an application

to the relevant court for permission not to disclose material otherwise

than to the relevant court and any person appointed as a special

advocate;

(b)
that such an application is always considered in the absence of every

party to the proceedings (and every party’s legal representative);

(c)
that the relevant court is required to give permission for material not

to be disclosed if it considers that the disclosure of the material would

be contrary to the public interest;

(d)
that, if permission is given by the relevant court not to disclose

material, it must consider requiring the Secretary of State to provide a

summary of the material to every party to the proceedings (and every

party’s legal representative);

(e)
that the relevant court is required to ensure that such a summary does

not contain material the disclosure of which would be contrary to the

public interest.

      (2)
Rules of court relating to TEO proceedings or appeal proceedings must secure

that provision to the effect mentioned in sub-paragraph (3) applies in cases

where the Secretary of State—

(a)
does not receive the permission of the relevant court to withhold

material, but elects not to disclose it, or

(b)
is required to provide a party to the proceedings with a summary of

material that is withheld, but elects not to provide the summary.

      (3)
The relevant court must be authorised—

(a)
if it considers that the material or anything that is required to be

summarised might adversely affect the Secretary of State‘s case or

support the case of a party to the proceedings, to direct that the

Secretary of State—

(i)
is not to rely on such points in the Secretary of State‘s case, or

(ii)
is to make such concessions or take such other steps as the

court may specify, or

(b)
in any other case, to ensure that the Secretary of State does not rely on

the material or (as the case may be) on that which is required to be

summarised.

      (4)
In this paragraph—

(a)
references to a party to the proceedings do not include the Secretary of

State;

(b)
references to a party’s legal representative do not include a person

appointed as a special advocate.

Notices of Amendments: 11 December 2014
1258

Counter-Terrorism and Security Bill, continued

Article 6 rights

5    (1)
Nothing in paragraphs 2 to 4, or in rules of court made under any of those

paragraphs, is to be read as requiring the relevant court to act in a manner

inconsistent with Article 6 of the Human Rights Convention.

      (2)
The “Human Rights Convention” means the Convention within the meaning

of the Human Rights Act 1998 (see section 21(1) of that Act).

Rules of court: anonymity

6    (1)
Rules of court relating to TEO proceedings or appeal proceedings may make

provision for—

(a)
the making by the Secretary of State or the relevant individual of an

application to the court for an order requiring anonymity for that

individual, and

(b)
the making by the court, on such an application, of an order requiring

such anonymity;


and the provision made by the rules may allow the application and the order to

be made irrespective of whether any other TEO proceedings have been begun

in the court.

      (2)
Rules of court may provide for the Court of Appeal or the Inner House of the

Court of Session to make an order in connection with any appeal proceedings

requiring anonymity for the relevant individual.

      (3)
In sub-paragraphs (1) and (2) the references, in relation to a court, to an order

requiring anonymity for the relevant individual are references to an order by

that court which imposes such prohibition or restriction as it thinks fit on the

disclosure—

(a)
by such persons as the court specifies or describes, or

(b)
by persons generally,


of the identity of the relevant individual or of any information that would tend

to identify the relevant individual.

      (4)
In this paragraph “relevant individual” means an individual on whom the

Secretary of State is proposing to impose, or has imposed, measures.

Initial exercise of rule-making powers by Lord Chancellor

7    (1)
The first time after the passing of this Act that rules of court are made in

exercise of the powers conferred by this Schedule in relation to proceedings in

England and Wales or in Northern Ireland, the rules may be made by the Lord

Chancellor instead of by the person who would otherwise make them.

      (2)
Before making rules of court under sub-paragraph (1), the Lord Chancellor

must consult—

(a)
in relation to rules applicable to proceedings in England and Wales,

the Lord Chief Justice of England and Wales;

(b)
in relation to rules applicable to proceedings in Northern Ireland, the

Lord Chief Justice of Northern Ireland.

      (3)
But the Lord Chancellor is not required to undertake any other consultation

before making the rules.

      (4)
A requirement to consult under sub-paragraph (2) may be satisfied by

consultation that took place wholly or partly before the passing of this Act.

      (5)
Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a)
must be laid before Parliament, and

Notices of Amendments: 11 December 2014
1259

Counter-Terrorism and Security Bill, continued

(b)
if not approved by a resolution of each House before the end of 40 days

beginning with the day on which they were made, cease to have effect

at the end of that period.

      (6)
In determining that period of 40 days no account is to be taken of any time

during which Parliament is dissolved or prorogued or during which both

Houses are adjourned for more than 4 days.

      (7)
1f rules cease to have effect in accordance with sub-paragraph (5)—

(a)
that does not affect anything done in previous reliance on the rules,

and

(b)
sub-paragraph (1) applies again as if the rules had not been made.

      (8)
The following provisions do not apply to rules of court made by the Lord

Chancellor under this paragraph—

(a)
section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure

for civil procedure rules);

(b)
section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978

(statutory rules procedure).

      (9)
Until the coming into force of section 85 of the Courts Act 2003, the reference

in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be

read as a reference to section 3(2) of that Act.

Use of advisers

8    (1)
In any TEO proceedings or appeal proceedings the relevant court may if it

thinks fit—

(a)
call in aid one or more advisers appointed for the purposes of this

paragraph by the Lord Chancellor, and

(b)
hear and dispose of the proceedings with the assistance of the adviser

or advisers.

      (2)
The Lord Chancellor may appoint advisers for the purposes of this paragraph

only with the approval of—

(a)
the Lord President of the Court of Session, in relation to an adviser

who may be called in aid wholly or mainly in Scotland;

(b)
the Lord Chief Justice of Northern Ireland, in relation to an adviser

who may be called in aid wholly or mainly in Northern Ireland;

(c)
the Lord Chief Justice of England and Wales, in any other case.

      (3)
Rules of court may regulate the use of advisers in proceedings who are called

in aid under subparagraph (1).

      (4)
The Lord Chancellor may pay such remuneration, expenses and allowances to

advisers appointed for the purposes of this paragraph as the Lord Chancellor

may determine.

9    (1)
The Lord President of the Court of Session may nominate a judge of the Court

of Session who is a member of the First or Second Division of the Inner House

of that Court to exercise the function under paragraph 8(2)(a).

      (2)
The Lord Chief Justice of Northern Ireland may nominate any of the following

to exercise the function under paragraph 8(2)(b)—

(a)
the holder of one of the offices listed in Schedule 1 to the Justice

(Northern Ireland) Act 2002;

(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).

      (3)
The Lord Chief Justice of England and Wales may nominate a judicial office

holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to

exercise the function under paragraph 8(2)(c).

Notices of Amendments: 11 December 2014
1260

Counter-Terrorism and Security Bill, continued

Appointment of special advocate

10  (1)
The appropriate law officer may appoint a person to represent the interests of

a party in any TEO proceedings or appeal proceedings from which the party

(and any legal representative of the party) is excluded.

      (2)
A person appointed under sub-paragraph (1) is referred to in this Schedule as

appointed as “special advocate”.

      (3)
The “appropriate law officer” is—

(a)
in relation to proceedings in England and Wales, the Attorney

General;

(b)
in relation to proceedings in Scotland, the Advocate General for

Scotland;

(c)
in relation to proceedings in Northern Ireland, the Advocate General

for Northern Ireland.

      (4)
A person appointed as a special advocate is not responsible to the party to the

proceedings whose interests the person is appointed to represent.

      (5)
A person may be appointed as a special advocate only if—

(a)
in the case of an appointment by the Attorney General, the person has

a general qualification the purposes of section 71 of the Courts and

Legal Services Act 1990;

(b)
in the case of an appointment by the Advocate General for Scotland,

the person is an advocate or a solicitor who has rights of audience in

the Court of Session or the High Court of Justiciary by virtue of

section 25A of the Solicitors (Scotland) Act 1980;

(c)
in the case of an appointment by the Advocate General for Northern

Ireland, the person is a member of the Bar of Northern Ireland.”

Hazel Blears

Dr Julian Lewis

30

Clause  21,  page  13,  line  34,  at end insert “and must also develop capacity to

combat and reject the messages of extremism”

Member’s explanatory statement

This amendment introduces a requirement to support work combating the ideology of extremism

as part of preventing people being drawn into terrorism.

Hazel Blears

Dr Julian Lewis

31

Clause  24,  page  15,  line  7,  at end insert—

“(1A)
Any such guidance should include a requirement to develop capacity to combat

and reject the messages of extremism”

Member’s explanatory statement

This amendment introduces a requirement to support work combating the ideology of extremism

as part of preventing people being drawn into terrorism.



© Parliamentary copyright	Revised 12 December 2014