House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1263

House of Commons

Monday 15 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].

Chapter 1 of Part 1, new Clauses relating to Chapter 1 of Part 1, new

Schedules relating to Chapter 1 of Part 1

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

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This section shall be repealed on 31 December 2016 unless both Houses of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

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

Caroline Lucas

Page  1,  line  5,  leave out Clause 1

Mr David Hanson

Diana Johnson

Phil Wilson

Schedule  1,  page  30,  line  14,  at end insert—

“(c)
the individual subject whose travel document has been removed may

appeal against this decision in the courts over the evidence on which

conditions in paragraph 2(1)(a) and (b) of this schedule were met.”

Committee of the whole House:
1264

, continued

Secretary Theresa May

Schedule  1,  page  36,  line  13,  at and insert—

    “( )
Anything done before the day on which this Act is passed is as valid as if done

on or after that day for the purposes of sub-paragraphs (1) and (2).”

Member’s explanatory statement

This would make it clear that the Secretary of State can comply with the obligations to publish a

draft of the code of practice under Schedule 1, to consider representations, to make any

appropriate modifications and to lay the draft before Parliament by doing so before the Bill

receives Royal Assent.

Caroline Lucas

Page  26,  line  1,  leave out Schedule 1

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 Hanson

Diana Johnson

Phil Wilson

Caroline Lucas

Clause  11,  page  7,  leave out lines 16 and 17 and insert—

““specified individual” means a person named in a notification and

managed return order and in relation to whom Conditions A-D of section

[Notification and managed return orders] are met.

“a carrier” has the same meaning as at section 18.”

Mr David Hanson

Diana Johnson

Phil Wilson

Caroline Lucas

Clause  11,  page  7,  leave out lines 20 to 24

Mr David Hanson

Diana Johnson

Phil Wilson

Caroline Lucas

Clause  11,  page  7,  leave out line 41

Committee of the whole House:
1265

, continued

Mr David Hanson

Diana Johnson

Phil Wilson

Caroline Lucas

NC4

To move the following Clause—


“Notification and managed return orders

(1)
A “notification and managed return order” is an order requiring a person (“a

carrier”) to notify the Home Secretary that—

(a)
a specified individual intends to travel to the UK, and

(b)
the date, time and location of the specified person‘s scheduled arrival.

(2)
The Secretary of State may impose a notification and managed return order if

conditions A to D are met.

(3)
Condition A is that the Secretary of State reasonably suspects that the specified

individual is, or has been, involved in terrorism related activity outside the United

Kingdom.

(4)
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 notification and managed return order to

be imposed on a carrier in relation to a specified individual.

(5)
Condition C is that the Secretary of State reasonably considers that the specified

individual is outside the United Kingdom.

(6)
Condition D is that the specified individual has the right of abode in the United

Kingdom.

(7)
During the period that a notification and managed return order is in force, the

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

Mr David Hanson

Diana Johnson

Phil Wilson

Caroline Lucas

NC5

To move the following Clause—


“Notification and managed return orders: supplementary provision

(1)
The Secretary of State must give notice of the imposition of a notification and

managed return order to the specified individual and the carrier.

(2)
Notice of the imposition of a notification and managed return order may include

notice that the specified individual may be stopped, questioned and detained on

return to the United Kingdom.

(3)
A notification and managed return order—

(a)
comes into force when notice of its imposition is given; and

(b)
is in force for the period of two years (unless revoked or otherwise

brought to an end earlier).

(4)
The Secretary of State may revoke a notification and managed return order at any

time.

(5)
The Secretary of State must give notice of the revocation of a notification and

managed return order to the specified individual and the carrier.

Committee of the whole House:
1266

, continued

(6)
If a notification and managed return order is revoked, it ceases to be in force when

notice of its revocation is given to the specified individual and the carrier.

(7)
The validity of a notification and managed return order is not affected by the

specified individual—

(a)
returning to the United Kingdom, or

(b)
departing from the United Kingdom.

(8)
The imposition of a notification and managed return order does not prevent a

further notification and managed return order from being imposed on a carrier in

relation to the same specified individual (including in a case where an order

ceases to be in force at the expiry of its two year duration).

(9)
The imposition of a notification and managed return order does not prevent a

further notification and managed return order from being imposed on another

carrier contemporaneously or consecutively in relation to the same specified

individual.”

Mr David Hanson

Diana Johnson

Phil Wilson

Caroline Lucas

NC6

To move the following Clause—


“Penalty for breach of notification and managed return order

(1)
The Secretary of State may make regulations setting out the penalties to be

imposed for breaching a notification and managed return order.

(2)
Regulations under subsection (1) must make provision—

(a)
about how a penalty is to be calculated;

(b)
about the procedure for imposing a penalty;

(c)
about the enforcement of penalties;

(d)
allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(3)
Provision in the regulations about the procedure for imposing a penalty must

provide for a carrier to be given an opportunity to object to a proposed penalty in

the circumstances set out in the regulations.

(4)
Any penalty paid by virtue of this section must be paid into the Consolidated

Fund.

(5)
Regulations under this section are to be made by statutory instrument; and any

such statutory instrument may not be made unless a draft of the instrument has

been laid before each House of Parliament and approved by a resolution of each

House.”

Committee of the whole House:
1267

, continued

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

section [Conditions A to E] “prior permission of the court” and Schedule

[“Proceedings relating to temporary exclusion orders”].

(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.

(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.”

Committee of the whole House:
1268

, continued

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.”

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

NS1

To move the following Schedule—

Committee of the whole House:
1269

, continued

“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.

      (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—



© Parliamentary copyright	Revised 15 December 2014