House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill:
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(c)
in the case of an appointment by the Advocate General for Northern

Ireland, the person is a member of the Bar of Northern Ireland.”

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

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This section shall be repealed on 31 December 2016 unless both Houses of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.”

Member’s explanatory statement

This amendment would require a vote in Parliament to renew the power to temporarily seize

passports.

Mr David Winnick


Clause  2,  page  2,  line  5,  leave out subsection (2) and insert—

“(2)
The court may impose a temporary exclusion order on an individual following an

application from the Secretary of State if the court is satisfied that conditions A

to D are met.”

Sir William Cash

Sir Edward Leigh


Clause  2,  page  2,  line  6,  after “D”, insert “or condition E”

Sir William Cash

Sir Edward Leigh


Clause  2,  page  2,  line  17,  at end insert—

“(6A)
Condition E is that the Secretary of State has provided evidence, whether or not

conditions A to D are met, to substantiate that the individual has, inconsistently

with his duty of loyalty to the United Kingdom, conducted himself in a manner

seriously prejudicial to the vital interests of the United Kingdom and that he has

taken an oath, or made a formal declaration of allegiance to another state or

territory seized, governed or administered de facto by an organisation demanding

allegiance to that organisation, having given definite evidence of his

determination to repudiate his allegiance to the United Kingdom.”

Consideration of Bill:
1331

, continued

Mr David Winnick


Clause  2,  page  2,  line  18,  leave out “Secretary of State” and insert “court”

Sir William Cash

Sir Edward Leigh


Clause  3,  page  2,  line  29,  after “years”, insert “or, where section 2(6A) applies, for

a period of not less than two years specified by the Secretary of State.”

Mr David Winnick


Clause  11,  page  7,  line  21,  at end insert—

““the court”

(c)
in relation to proceedings relating to a temporary exclusion order

in the case of which the excluded individual is a person whose

principal place of residence immediately prior to leaving the

United Kingdom was in Scotland, means the Outer House of the

Court of Session;

(d)
in relation to proceedings relating to a temporary exclusion order

in the case of which the excluded individual is a person whose

principal place of residence immediately prior to leaving the

United Kingdom was in Northern Ireland, means the High Court

in Northern Ireland; and

(e)
in any other case, means the High Court in England and Wales;”

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

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,

(d)
the Secretary of State must by regulations make provisions about—

(i)
the relevant court;

(ii)
a time limit by which an appeal must have been heard;

(e)
the power to make regulations under this section—

(i)
is exercisable by statutory instrument;

(ii)
includes power to make transitional, transitory or saving

provision;

Consideration of Bill:
1332

, continued

(f)
a statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.”

Member’s explanatory statement

This amendment would create the right for an appeal in court following a temporary seizure of a

passport, and requires the Secretary of State to set out in regulations a relevant court and time

limit by which an appeal must have been heard.

Yvette Cooper

Mr David Hanson

Diana Johnson

Phil Wilson

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,

(d)
the appeal must have been heard within seven days of an application,

(e)
the Secretary of State must by regulation make provisions about the

relevant court,

(f)
the power to make regulations under this section—

(i)
is exercisable by statutory instrument;

(ii)
includes power to make transitional, transitory or saving

provision;

(g)
a statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.”

Member’s explanatory statement

This amendment would create the right for an appeal in court following a temporary seizure of a

passport and require the appeal to have been heard within seven days.

new clauses and new schedules relating to data retention; amendments

to part 3; new clauses and nEw schedules relating to aviation, shipping

and rail; amendments to part 4

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  17,  page  11,  line  3,  at end insert—

“(iii)
any information beyond that which is necessary to allow the

identification of the user from the public Internet Protocol

address.”

Member’s explanatory statement

This amendment would make it explicit that the extra data retention provided for in Clause 17 does

not extend beyond that which is necessary for the purpose of identifying a user from the IP address.

This amendment is not intended to impact on the rest of the Data Retention and Investigatory

Powers Act, only the extra retention requirements created by Clause 17.

Consideration of Bill:
1333

, continued

New Clauses and new schedules relating to the risk of being drawn into

terrorism; amendments to part 5

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); 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.

Consideration of Bill:
1334

, continued

Amendments to Part 5

Secretary Theresa May


Schedule  3,  page  47,  line  10,  at end insert—


“A person carrying out a function of an authority mentioned in section 1(2) of

the Local Government Act 1999 by virtue of a direction made under section 15

of that Act.”

Member’s explanatory statement

This amendment would add the authority specified to those subject to the duty contained in clause

21 and would make the relevant entry consistent with the corresponding entry in Schedule 4.

Secretary Theresa May


Schedule  3,  page  47,  line  16,  at end insert—


“The principal of a secure college.”

Member’s explanatory statement

This amendment would add the authority specified to those subject to the duty contained in clause

21.

Secretary Theresa May


Schedule  3,  page  47,  leave out lines 20 to 22

Member’s explanatory statement

This amendment would remove an unnecessary entry. An institution within the higher education

sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 would

also be a qualifying institution within the meaning of section 11 of the Higher Education Act 2004

(which has its own entry).

Secretary Theresa May


Schedule  3,  page  48,  line  25,  at end insert—

“(b)
courses of a description mentioned in Schedule 6 to the Education

Reform Act 1988 (higher education courses).”

Member’s explanatory statement

This amendment would make the relevant entry consistent with the corresponding entry in

Schedule 4.

Secretary Theresa May


Schedule  3,  page  49,  leave out lines 5 and 6

Member’s explanatory statement

This amendment removes references to police authorities which no longer exist.

Consideration of Bill:
1335

, continued

Remaining proceedings on consideration

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 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  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  25,  at end insert “in accordance with the Code of Public

Appointments”

Consideration of Bill:
1336

, continued

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.

Secretary Theresa May


Clause  38,  page  23,  line  24,  at end insert—

“( )
Before making regulations under this section the Secretary of State must—

(a)
if the regulations contain provision that would fall within the legislative

competence of the Scottish Parliament if included in an Act of that

Parliament, consult the Scottish Ministers;

(b)
if the regulations contain provision that would fall within the legislative

competence of the National Assembly for Wales if included in an Act of

that Assembly, consult the Welsh Ministers;

(c)
if the regulations contain provision that would fall within the legislative

competence of the Northern Ireland Assembly if included in an Act of

that Assembly, consult the Department of Justice in Northern Ireland.”

Member’s explanatory statement

This amendment would require the Secretary of State to consult the relevant devolved

administration before making consequential provision by regulations under clause 38 if any of that

provision would fall within devolved competence.

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.



© Parliamentary copyright	Revised 6 January 2015