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| Thursday 18 December 2014 |
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| Counter-Terrorism and Security Bill, As Amended
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| Clause 38, page 23, line 31, at end insert— |
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| | “(4A) | The Secretary of State must consult with Welsh Ministers before making |
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| | provisions under subsection (1) so far as relating to any Measure or Act of the |
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| | National Assembly of Wales. |
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| | (4B) | The Secretary of State must consult with Scottish Ministers before making |
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| | provisions under subsection (1) so far as relating any Act or instrument of the |
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| | (4C) | The Secretary of State must consult with the Northern Ireland Executive before |
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| | making provisions under subsection (1) so far as relating to any Act or instrument |
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| | of the Northern Ireland Assembly.’ |
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| | Member’s explanatory statement
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| | This would ensure that the Secretary of State could not amend legislation from the Scottish |
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| | Parliament or Welsh Assembly or Northern Ireland Assembly without first consulting with the |
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| | Scottish or Welsh Governments or the Northern Ireland Executive. |
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| Clause 36, page 22, line 22, leave out “Privacy and Civil Liberties Board” and |
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| insert “Counter Terrorism Oversight Panel” |
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| | Member’s explanatory statement
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| | This would rename the body created by clause 36. |
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| Clause 36, page 22, line 14, leave out subsection (1) and insert— |
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| | “(1) | The Secretary of State shall by regulations made by statutory instrument establish |
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| | (a) | provide advice and assistance to the persons appointed under— |
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| | (i) | section 36(1) of the Terrorism Act 2006; |
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| | (ii) | section 31(1) of the Terrorist Asset-Freezing &c. Act 2010; and |
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| | (iii) | section 20(1) of the Terrorism Prevention and Investigation |
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| | | in the discharge of their statutory functions. |
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| | (b) | review the operation, effectiveness and implications of the Anti- |
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| | Terrorism Crime and Security Act 2001, the Counter-Terrorism Act |
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| | 2008, [this Act] and any other law or prerogative power to the extent that |
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| | it relates to counter-terrorism; |
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| | (c) | consider whether such legislation contains appropriate safeguards, is |
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| | proportionate and remains necessary; |
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| | (d) | review intelligence-sharing guidance and practice to the extent that it |
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| | relates to counter-terrorism and the functions of the Board; |
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| | (e) | make recommendations to any public authority about the exercise of its |
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| | statutory functions relating to the prevention of terrorism; |
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| | (f) | undertake inquiries relating to counter-terrorism when invited to do so by |
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| | the Home Secretary, the Treasury or the Secretary of State for Northern |
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| | Ireland, or on the initiative of the Board; |
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| | (g) | encourage good practice in the prevention, investigation, detection and |
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| | prosecution of terrorism; |
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| | (h) | provide advice and assistance to Government on the development and |
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| | implementation of policy relating to the prevention of terrorism.” |
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| | Member’s explanatory statement
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| | This expands the remit of the body to match that which is described in the Government’s Terms of |
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| Clause 36, page 22, line 25, at end insert “in accordance with the Code of Public |
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| Clause 36, page 22, line 32, at end insert— |
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| | “(i) | the information-gathering powers of the board; |
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| | (j) | reporting requirements, and the formulation of and consultation on an |
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| | (k) | the access to such relevant classified material as may be required in order |
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| | for the board to undertake its functions under subsection (1);” |
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| | Member’s explanatory statement
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| | This increases the points that have to be included in regulations brought forward by the Secretary |
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| | of State to include information gathering powers, formulation of an annual work plan and relevant |
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| Clause 29, page 17, line 29, leave out subsection (7) and insert— |
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| | “(7) | To support panels exercising their functions under this section the Secretary of |
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| | (a) | provide guidance on the exercise of those functions; |
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| | (b) | provide a list of approved providers for de-radicalisation programmes |
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| | that may be referred to under subsection (4); and |
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| | (c) | ensure that the providers listed under paragraph (b) are subject to |
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| | Member’s explanatory statement
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| | This would give a greater role to the Secretary of State in supporting the role of local support |
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| | panels. The Secretary of State would have to provide guidance (rather than it being optional) and |
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| | she would also have to provide a list of approved providers for de-radicalisation programmes and |
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| | ensure they would be subject to monitoring. |
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| Clause 24, page 15, line 21, leave out subsection (5) and insert— |
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| | “(5) | Before giving guidance under this section, or revising guidance already given, the |
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| | Secretary of State must lay before Parliament— |
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| | (a) | the proposed guidance or proposed revisions; and |
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| | (b) | a draft of an order providing for the guidance, or revisions to the |
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| | guidance, to come into force. |
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| | (6) | The Secretary of State must make the order, and issue the guidance or (as the case |
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| | may be) make the revisions to the guidance, if the draft of the order is approved |
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| | by a resolution of each House of Parliament. |
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| | (7) | Guidance, or revisions to guidance, come into force in accordance with an order |
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| | (a) | is to be a statutory instrument; and |
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| | (b) | may contain transitional, transitory or saving provision.” |
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| | Member’s explanatory statement
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| | This would ensure that statutory guidance produced under Clause 24 was subject to an affirmative |
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| | resolution of each House. |
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