Session 2014 - 15
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1293

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 18 December 2014

 

Consideration of Bill


 

Counter-Terrorism and Security Bill, As Amended


 

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 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.

 

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.

 

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—


 
 

Notices of Amendments:                               

1294

 

, continued

 
 

(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 Counter-Terrorism 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  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; and

 

(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 regulations brought forward by the Secretary

 

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

 

to classified material.


 
 

Notices of Amendments:                               

1295

 

, continued

 
 

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); and

 

(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 of State 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.

 

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.

 


 
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