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| | (c) | in the case of an appointment by the Advocate General for Northern |
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| | Ireland, the person is a member of the Bar of Northern Ireland.” |
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| Clause 1, page 1, line 8, at end insert— |
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| | “(2) | This section shall be repealed on 31 December 2016 unless both Houses of |
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| | Parliament have passed a resolution that it should continue in force until a future |
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| | |
| | (3) | The date specified in a resolution of both Houses of Parliament under subsection |
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| | (2) may be modified by subsequent resolutions of both Houses of Parliament.” |
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| | Member’s explanatory statement
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| | This amendment would require a vote in Parliament to renew the power to temporarily seize |
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| | |
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| Clause 2, page 2, line 5, leave out subsection (2) and insert— |
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| | “(2) | The court may impose a temporary exclusion order on an individual following an |
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| | application from the Secretary of State if the court is satisfied that conditions A |
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| | |
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| Clause 2, page 2, line 6, after “D”, insert “or condition E” |
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| |
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| Clause 2, page 2, line 17, at end insert— |
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| | “(6A) | Condition E is that the Secretary of State has provided evidence, whether or not |
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| | conditions A to D are met, to substantiate that the individual has, inconsistently |
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| | with his duty of loyalty to the United Kingdom, conducted himself in a manner |
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| | seriously prejudicial to the vital interests of the United Kingdom and that he has |
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| | taken an oath, or made a formal declaration of allegiance to another state or |
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| | territory seized, governed or administered de facto by an organisation demanding |
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| | allegiance to that organisation, having given definite evidence of his |
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| | determination to repudiate his allegiance to the United Kingdom.” |
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| Clause 2, page 2, line 18, leave out “Secretary of State” and insert “court” |
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| |
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| Clause 3, page 2, line 29, after “years”, insert “or, where section 2(6A) applies, for |
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| a period of not less than two years specified by the Secretary of State.” |
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| |
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| Clause 11, page 7, line 21, at end insert— |
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| | |
| | (c) | in relation to proceedings relating to a temporary exclusion order |
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| | in the case of which the excluded individual is a person whose |
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| | principal place of residence immediately prior to leaving the |
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| | United Kingdom was in Scotland, means the Outer House of the |
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| | |
| | (d) | in relation to proceedings relating to a temporary exclusion order |
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| | in the case of which the excluded individual is a person whose |
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| | principal place of residence immediately prior to leaving the |
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| | United Kingdom was in Northern Ireland, means the High Court |
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| | |
| | (e) | in any other case, means the High Court in England and Wales;” |
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| |
| Schedule 1, page 30, line 14, at end insert— |
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| | “(c) | the individual subject whose travel document has been removed may |
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| | appeal against this decision in the courts over the evidence on which |
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| | conditions in paragraph 2(1)(a) and (b) of this Schedule were met, |
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| | (d) | the Secretary of State must by regulations make provisions about— |
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| | |
| | (ii) | a time limit by which an appeal must have been heard; |
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| | (e) | the power to make regulations under this section— |
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| | (i) | is exercisable by statutory instrument; |
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| | (ii) | includes power to make transitional, transitory or saving |
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| | |
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| |
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| | (f) | a statutory instrument containing regulations under this section is |
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| | subject to annulment in pursuance of a resolution of either House of |
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| | |
| | Member’s explanatory statement
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| | This amendment would create the right for an appeal in court following a temporary seizure of a |
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| | passport, and requires the Secretary of State to set out in regulations a relevant court and time |
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| | limit by which an appeal must have been heard. |
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| |
| Schedule 1, page 30, line 14, at end insert— |
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| | “(c) | the individual subject whose travel document has been removed may |
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| | appeal against this decision in the courts over the evidence on which |
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| | conditions in paragraph 2(1)(a) and (b) of this Schedule were met, |
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| | (d) | the appeal must have been heard within seven days of an application, |
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| | (e) | the Secretary of State must by regulation make provisions about the |
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| | |
| | (f) | the power to make regulations under this section— |
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| | (i) | is exercisable by statutory instrument; |
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| | (ii) | includes power to make transitional, transitory or saving |
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| | |
| | (g) | a statutory instrument containing regulations under this section is |
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| | subject to annulment in pursuance of a resolution of either House of |
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| | |
| | Member’s explanatory statement
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| | This amendment would create the right for an appeal in court following a temporary seizure of a |
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| | passport and require the appeal to have been heard within seven days. |
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| new clauses and new schedules relating to data retention; amendments |
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| to part 3; new clauses and nEw schedules relating to aviation, shipping |
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| and rail; amendments to part 4 |
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| |
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| |
| Clause 17, page 11, line 3, at end insert— |
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| | “(iii) | any information beyond that which is necessary to allow the |
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| | identification of the user from the public Internet Protocol |
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| | |
| | Member’s explanatory statement
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| | This amendment would make it explicit that the extra data retention provided for in Clause 17 does |
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| | not extend beyond that which is necessary for the purpose of identifying a user from the IP address. |
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| | This amendment is not intended to impact on the rest of the Data Retention and Investigatory |
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| | Powers Act, only the extra retention requirements created by Clause 17. |
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| |
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| New Clauses and new schedules relating to the risk of being drawn into |
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| terrorism; amendments to part 5 |
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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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| |
| |
| |
| 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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| Schedule 3, page 47, line 10, at end insert— |
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| | | “A person carrying out a function of an authority mentioned in section 1(2) of |
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| | the Local Government Act 1999 by virtue of a direction made under section 15 |
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| | |
| | Member’s explanatory statement
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| | This amendment would add the authority specified to those subject to the duty contained in clause |
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| | 21 and would make the relevant entry consistent with the corresponding entry in Schedule 4. |
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| |
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| Schedule 3, page 47, line 16, at end insert— |
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| | | “The principal of a secure college.” |
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| | Member’s explanatory statement
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| | This amendment would add the authority specified to those subject to the duty contained in clause |
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| | |
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| Schedule 3, page 47, leave out lines 20 to 22 |
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| | Member’s explanatory statement
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| | This amendment would remove an unnecessary entry. An institution within the higher education |
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| | sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 would |
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| | also be a qualifying institution within the meaning of section 11 of the Higher Education Act 2004 |
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| | (which has its own entry). |
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| |
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| Schedule 3, page 48, line 25, at end insert— |
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| | “(b) | courses of a description mentioned in Schedule 6 to the Education |
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| | Reform Act 1988 (higher education courses).” |
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| | Member’s explanatory statement
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| | This amendment would make the relevant entry consistent with the corresponding entry in |
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| | |
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| Schedule 3, page 49, leave out lines 5 and 6 |
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| | Member’s explanatory statement
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| | This amendment removes references to police authorities which no longer exist. |
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| Remaining proceedings on consideration |
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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 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 25, at end insert “in accordance with the Code of Public |
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| |
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| |
| |
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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 38, page 23, line 24, at end insert— |
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| | “( ) | Before making regulations under this section the Secretary of State must— |
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| | (a) | if the regulations contain provision that would fall within the legislative |
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| | competence of the Scottish Parliament if included in an Act of that |
|
| | Parliament, consult the Scottish Ministers; |
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| | (b) | if the regulations contain provision that would fall within the legislative |
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| | competence of the National Assembly for Wales if included in an Act of |
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| | that Assembly, consult the Welsh Ministers; |
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| | (c) | if the regulations contain provision that would fall within the legislative |
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| | competence of the Northern Ireland Assembly if included in an Act of |
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| | that Assembly, consult the Department of Justice in Northern Ireland.” |
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| | Member’s explanatory statement
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|
| | This amendment would require the Secretary of State to consult the relevant devolved |
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| | administration before making consequential provision by regulations under clause 38 if any of that |
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| | provision would fall within devolved competence. |
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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 |
|
| | 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 |
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| | |
| | (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 |
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| | of the Northern Ireland Assembly.’ |
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| | 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 |
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| | Scottish or Welsh Governments or the Northern Ireland Executive. |
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|