House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1283

House of Commons

Tuesday 16 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].

Clause 21, Schedule 3, Clauses 22 to 27, new Clauses relating to Chapter 1

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

Hazel Blears

Dr Julian Lewis

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.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  24,  page  15,  line  6,   leave out “may” and insert “must”

Member’s explanatory statement

Changes it from optional to compulsory for the Secretary of State to issue guidance to accompany

the statutory obligation provided for under Clause 21.

Committee of the whole House:
1284

, continued

Hazel Blears

Dr Julian Lewis

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.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  24,  page  15,  line  21,   leave out subsection (5) and insert—

“(5)
Before giving guidance under this section, or revising guidance already given, the

Secretary of State must lay before Parliament—

(a)
the proposed guidance or proposed revisions, and

(b)
a draft of an order providing for the guidance, or revisions to the

guidance, to come into force.

(6)
The Secretary of State must make the order, and issue the guidance or (as the case

may be) make the revisions to the guidance, if the draft of the order is approved

by a resolution of each House of Parliament.

(7)
Guidance, or revisions to guidance, come into force in accordance with an order

under this section.

(8)
Such an order—

(a)
is to be a statutory instrument, and

(b)
may contain transitional, transitory or saving provision.”

Member’s explanatory statement

This would ensure that statutory guidance produced under Clause 24 was subject to an affirmative

resolution of each House.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  29,  page  17,  line  29,   leave out subsection (7) and insert—

“(7)
To support panels exercising their functions under this section the Secretary of

State must—

(a)
provide guidance on the exercise of those functions;

(b)
provide a list of approved providers for de-radicalisation programmes

that may be referred to under subsection (4);

(c)
ensure that the providers listed under paragraph (b) are subject to

monitoring.”

Member’s explanatory statement

This would give a greater role to the Secretary of State in supporting the role of local support

panels. The Secretary would have to provide guidance (rather than it being optional) and she

would also have to provide a list of approved providers for de-radicalisation programmes and

ensure they would be subject to monitoring.

Committee of the whole House:
1285

, continued

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  29,  page  17,  line  41,   at end insert—

“(c)
the responsible local healthcare commissioning group; and

(d)
local representative of the National Offender Management Service.”

Member’s explanatory statement

This would include local health bodies and the probation service on the assessment and support

panels.

Caroline Lucas

NC12

To move the following Clause—


“Review of international best practice around deradicalisation

(1)
The Secretary of State Shall, within three months of this Act coming into force,

lay before both Houses of Parliament a review into international best practice

around deradicalisation.

(2)
The review under subsection (1) shall include in particular—

(a)
examination of best practice in—

(i)
Germany;

(ii)
Denmark;

(iii)
Sweden;

(iv)
other countries as determined by the Secretary of State.

(b)
the role of community-based organisations in developing and delivering

strategies to prevent radicalisation and to deradicalise individuals.

(c)
evidence-based recommendations for the rapid implementation of a

comprehensive deradicalisation programme in the UK.”

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

Caroline Lucas

NC8

To move the following Clause—


“Police bail for terrorism suspects

(1)
Section 34 of the Police and Criminal Evidence Act 1984 is amended as follows.

(2)
In subsection (1) after “offence” insert “or on suspicion of being a terrorist under

section 41 of the Terrorism Act 2000”.

(3)
In subsection (2)(b) after “Act” insert “or section 41 of the Terrorism Act 2000".

Committee of the whole House:
1286

, continued

(4)
After subsection (5) insert—

“(5A)
A grant of bail under this section shall last no longer than six months

from the date of release.””

Member’s explanatory statement

As an alternative to the ad hoc passport seizure and retention scheme set out at Clause 1 and

Schedule 1 of the Bill this new clause would make police bail, with conditions, available for those

suspected of terrorism.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  36,  page  22,  line  14,   leave out subsection (1) and insert—

“(1)
The Secretary of State shall by regulations made by statutory instrument establish

a body to—

(a)
provide advice and assistance to the persons appointed under—

(i)
section 36(1) of the Terrorism Act 2006,

(ii)
section 31(1) of the Terrorist Asset-Freezing &c. Act 2010, and

(iii)
section 20(1) of the Terrorism Prevention and Investigation

Measures Act 2011,


in the discharge of their statutory functions;

(b)
review the operation, effectiveness and implications of the Anti-

Terrorism Crime and Security Act 2001, the CounterTerrorism Act

2008, this Act, and any other law or prerogative power to the extent that

it relates to counter-terrorism;

(c)
consider whether such legislation contains appropriate safeguards, is

proportionate and remains necessary;

(d)
review intelligence-sharing guidance and practice to the extent that it

relates to counter-terrorism and the functions of the Board;

(e)
make recommendations to any public authority about the exercise of its

statutory functions relating to the prevention of terrorism;

(f)
undertake inquiries relating to counter-terrorism when invited to do so by

the Home Secretary, the Treasury or the Secretary of State for Northern

Ireland, or on the initiative of the Board;

(g)
encourage good practice in the prevention, investigation, detection and

prosecution of terrorism.

(h)
provide advice and assistance to Government on the development and

implementation of policy relating to the prevention of terrorism.”

Member’s explanatory statement

This expands the remit of the body to match that which is described in the Government‘s Terms of

Reference for this body.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  36,  page  22,  line  22,   leave out “Privacy and Civil Liberties Board” and

insert “Counter Terrorism Oversight Panel”

Member’s explanatory statement

This would rename the body created by Clause 36.

Committee of the whole House:
1287

, continued

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  36,  page  22,  line  25,   at end insert “in accordance with the Code of Public

Appointments”

Diana Johnson

Mr David Hanson

Phil Wilson

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

“(i)
the information-gathering powers of the board;

(j)
reporting requirements, and the formulation of and consultation on an

annual work plan;

(k)
the access to such relevant classified material as may be required in order

for the board to undertake its functions under subsection (1);”

Member’s explanatory statement

This increases the points that have to be included in regulation brought forward by the Secretary

of State to include information gathering powers, formulation of an annual work plan and relevant

to classified material.

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.”

Committee of the whole House:
1288

, continued

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  38,  page  23,  line  31,  at end insert—

“(4A)
The Secretary of State must consult with Welsh Ministers before making

provisions under subsection (1) so far as relating to any Measure or Act of the

National Assembly of Wales.

(4B)
The Secretary of State must consult with Scottish Ministers before making

provisions under subsection (1) so far as relating to any Act or instrument of the

Scottish Parliament.

(4C)
The Secretary of State must consult with the Northern Ireland Executive before

making provisions under subsection (1) so far as relating to any Act or instrument

of the Northern Ireland Assembly.”

Member’s explanatory statement

This would ensure that the Secretary of State could not amend legislation from the Scottish

Parliament or Welsh Assembly or Northern Ireland Assembly without first consulting with the

Scottish or Welsh Governments or the Northern Ireland Executive.

Secretary Theresa May

Clause  42,  page  25,  line  3,  at end insert—

“( )
section 18(10);”

Member’s explanatory statement

The effect of this amendment would be that the repeal of section 124 of the Nationality,

Immigration and Asylum Act 2002 would come into force on whatever day Secretary of State

appoints by regulations (rather than automatically on the day on which the Bill receives Royal

Assent).

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:
1289

, continued

Mr David Davis

Mr Dominic Raab

Mr Peter Bone

Mr Philip Hollobone

Steve Baker

NC3

To move the following Clause—


“Intercept Evidence — use in legal proceedings

(1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c.23) is amended

as follows.

(2)
After paragraph 1(f) insert—

“(g)
any proceedings relating to an offence which, if committed in

England and Wales at the time of the conviction, would have

constituted an offence triable only on indictment (“an indictable-

only offence”) under section 51 of the Crime and Disorder Act

1998.””

Member’s explanatory statement

This new Clause removes the exclusion of intercept evidence from legal proceedings in criminal

prosecutions.

Diana Johnson

Mr David Hanson

Phil Wilson

NC7

To move the following Clause—


“Review of Intelligence and Security Committee of Parliament resources and

powers

The Secretary must, within a reasonable time period, consult the Intelligence and

Security Committee of Parliament and lay a report before Parliament within six

months of the commencement of this Act, on the resources and powers of the

Intelligence and Security Committee of Parliament.”

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.



© Parliamentary copyright	Revised 16 December 2014