Session 2014 - 15
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373

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 15 December 2014

 

Committee of the whole House

 

Proceedings

 

Counter-Terrorism and Security Bill


 

[SECOND Day]


 

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

 

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This section shall be repealed on 31 December 2016 unless both Houses of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

 

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

 

Caroline Lucas

 

Not selected  27

 

Page  1,  line  5,  leave out Clause 1

 

Clause Agreed to.

 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

Negatived on division  17

 

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.”

 

Secretary Theresa May

 

Agreed to  13

 

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


 
 

:                                             

374

 

, continued

 
 

    “( )  

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).”

 

Caroline Lucas

 

Not selected  28

 

Page  26,  line  1,  leave out Schedule 1

 

Schedule, as amended, Agreed to.

 

Clauses 2 to 10 Agreed to.

 

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

 

Not called  14

 

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

 

Not called  15

 

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

 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

Caroline Lucas

 

Not called  16

 

Clause  11,  page  7,  leave out line 41

 

Clause Agreed to.

 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

Caroline Lucas

 

Not called  NC4

 

To move the following Clause


 
 

:                                             

375

 

, continued

 
 

         

“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

 

Not called  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.

 

(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.


 
 

:                                             

376

 

, continued

 
 

(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

 

Not called  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.”

 


 

Yvette Cooper

 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

Not called  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. 


 
 

:                                             

377

 

, continued

 
 

(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

 

Not called  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.”

 


 

Yvette Cooper

 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

Not called  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


 
 

:                                             

378

 

, continued

 
 

(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

 

Not called  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;


 
 

:                                             

379

 

, continued

 
 

(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—

 

(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;


 
contents continue
 

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