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1341

 

House of Commons

 
 

Wednesday 7 January 2015

 

Consideration of Bill

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Counter-Terrorism and Security Bill, As Amended


 

Note

 

The Amendments have been arranged in accordance with the Counter-Terrorism

 

and Security Bill Programme (No. 2) Order (6 January 2015).

 


 

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.


 
 

Consideration of Bill:                               

1342

 

, 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.

 

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—


 
 

Consideration of Bill:                               

1343

 

, continued

 
 

“(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.

 

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.


 
 

Consideration of Bill:                               

1344

 

, continued

 
 

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”

 

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.


 
 

Consideration of Bill:                               

1345

 

, continued

 
 

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.

 

 

Order of the House [2 December 2014]

 

That the following provisions shall apply to the Counter-Terrorism and Security Bill—

 

Committal

 

1.    

The Bill shall be committed to a Committee of the whole House.

 

Proceedings in Committee

 

2.    

Proceedings in the Committee of the whole House shall be completed in three

 

days.

 

3.    

The proceedings shall be taken on the days shown in the first column of the

 

following Table and in the order so shown.

 

4.    

The proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at the times specified in the second column of the Table.

 

TABLE

 

Proceedings

Time for conclusion of proceedings

 
 

First Day

 
 

Part 2, new Clauses relating to Part 2,

Three hours after the commencement

 
 

new Schedules relating to Part 2

of proceedings on the first day

 
 

Part 3, new Clauses relating to Part 3,

Six hours after the commencement of

 
 

new Schedules relating to Part 3, Part

those proceedings

 
 

4, new Clauses relating to Part 4,

  
 

new Schedules relating to Part 4

  
 

Second Day

 
 

Chapter 1 of Part 1, new Clauses

Three hours after the commencement

 
 

relating to Chapter 1 of Part 1, new

of proceedings on the second day

 
 

Schedules relating to Chapter 1 of

  
 

Part 1

  
 

Chapter 2 of Part 1, new Clauses

Six hours after the commencement of

 
 

relating to Chapter 2 of Part 1, new

those proceedings

 
 

Schedules relating to Chapter 2 of

  
 

Part 1

  

 
 

Consideration of Bill:                               

1346

 

, continued

 
 

Third Day

 
 

Clause 21, Schedule 3, Clauses 22 to

Three hours after the commencement

 
 

27, new Clauses relating to Chapter 1

of proceedings on the third day

 
 

of Part 5, new Schedules relating to

  
 

Chapter 1 of Part 5, Clauses 28 to 30,

  
 

Schedule 4, Clauses 31 to 33, new

  
 

Clauses relating to Chapter 2 of Part

  
 

5, new Schedules relating to Chapter

  
 

2 of Part 5

  
 

Part 6, new Clauses relating to Part 6,

The moment of interruption on the

 
 

new Schedules relating to Part 6, Part

third day

 
 

7, remaining new Clauses, remaining

  
 

new Schedules, remaining

  
 

proceedings on the Bill

  
 

Consideration and Third Reading

 

5.    

Any proceedings on Consideration and proceedings on Third Reading shall

 

be taken in two days in accordance with the following provisions of this

 

Order.

 

6.    

Any proceedings on Consideration shall (so far as not previously concluded)

 

be brought to a conclusion one hour before the moment of interruption on the

 

second day.

 

7.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on the second day.

 

Programming committee

 

8.    

Standing Order No. 83B (Programming committees) shall not apply to the

 

proceedings on the Bill in Committee of the whole House, to any proceedings

 

on Consideration or to proceedings on Third Reading.

 

Other Proceedings

 

9.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

ORDER OF THE HOUSE [6 January 2015]

 

Secretary Theresa May

 

That the following provisions shall apply to the Counter-Terrorism and Security Bill,


 
 

Consideration of Bill:                               

1347

 

, continued

 
 

in place of paragraphs (5) to (7) of the Order of 2 December 2014:

 

1.    

Proceedings on Consideration and proceedings on Third Reading shall be

 

taken in two days in accordance with the following provisions of this Order.

 

2.    

Proceedings on Consideration—

 

(a)    

shall be taken on the days shown in the first column of the following

 

Table and in the order so shown;

 

(b)    

shall (so far as not previously concluded) be brought to a conclusion

 

at the times shown in the second column.

 

TABLE

 

Proceedings

Time for conclusion of

 
  

proceedings

 
 

First day

  
 

New Clauses and new Schedules relating to

7.00pm

 
 

powers to seize travel documents or temporary

  
 

exclusion from the United Kingdom;

  
 

amendments to Part 1; New Clauses and new

  
 

Schedules relating to terrorism prevention and

  
 

investigation measures; amendments to Part 2;

  
 

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

  
 

Second day

  
 

New Clauses and new Schedules relating to

6.00pm

 
 

the risk of being drawn into terrorism;

  
 

amendments to Part 5; new Clauses and new

  
 

Schedules relating to the Terrorism Act 2000;

  
 

amendments to Part 6; remaining new Clauses

  
 

and new Schedules; remaining proceedings on

  
 

consideration

  
 

3.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at 7.00pm on the second day.

 


 
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Revised 7 January 2015