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Lords amendments to the Counter-Terrorism and Security Bill


 
 

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(a)    

the Secretary of State, or

 

(b)    

a person to whom the Secretary of State delegates the function

 

under subsection (2) in relation to that body.

 

    

The Secretary of State must consult the Welsh Ministers before delegating

 

the function under subsection (2) in relation to institutions in Wales.

 

(5)    

A delegation under subsection (4)(b) must be made by giving notice in

 

writing to the person to whom the delegation is made if—

 

(a)    

that person is Her Majesty’s Chief Inspector of Education,

 

Children’s Services and Skills or Her Majesty’s Chief Inspector of

 

Education and Training in Wales, and the function is delegated in

 

relation to relevant further education bodies;

 

(b)    

that person is the Higher Education Funding Council for England

 

or the Higher Education Funding Council for Wales, and the

 

function is delegated in relation to relevant higher education

 

bodies.

 

(6)    

Otherwise, a delegation under subsection (4)(b) must be made by

 

regulations.

 

(7)    

The Secretary of State must publish any notice given under subsection (5).

 

(8)    

Regulations under subsection (6) are to be made by statutory instrument;

 

and any such instrument is subject to annulment in pursuance of a

 

resolution of either House of Parliament.

 

(9)    

In this section—

 

(a)    

“institution in England” means an institution whose activities are

 

carried on, or principally carried on, in England, and includes the

 

Open University;

 

(b)    

“institution in Wales” means an institution whose activities are

 

carried on, or principally carried on, in Wales.”

 

Insert the following new Clause—

 

“Power to give directions: section (Monitoring of performance: further and

 

higher education bodies)

 

(1)    

Where the Secretary of State is satisfied that a relevant further education

 

body or a relevant higher education body has failed to comply with a

 

requirement under section (Monitoring of performance: further and higher

 

education bodies)(2), the Secretary of State may give directions to the body

 

for the purpose of enforcing compliance.

 

(2)    

A direction under this section may be enforced, on an application made on

 

behalf of the Secretary of State, by a mandatory order.

 

(3)    

The Secretary of State must consult the Welsh Ministers before giving

 

directions under subsection (1) in relation to institutions in Wales.

 

(4)    

In this section “relevant further education body”, “relevant higher

 

education body” and “institution in Wales” have the same meaning as in

 

section (Monitoring of performance: further and higher education bodies).”

Clause 27

Page 16, line 5, at end insert—


 
 

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“( )    

“Function” does not include a function so far as it is exercised outside Great

 

Britain.”

 

Page 16, line 14, leave out “Assembly”

Before Clause 36

Insert the following new Clause—

“Reviews of operation of Part 1 etc

(1)    

The person appointed under section 36(1) of the Terrorism Act 2006 (“the

independent reviewer”) is also responsible for reviewing the operation of

the provisions listed in subsection (2).

(2)    

The provisions are—

(a)    

Part 1 of the Anti-Terrorism, Crime and Security Act 2001;

(b)    

Part 2 of that Act as it applies in cases where a use or threat of the

action referred to in section 4(2) of that Act would constitute

terrorism;

(c)    

the Counter-Terrorism Act 2008;

(d)    

Part 1 of this Act.

(3)    

In each calendar year the independent reviewer must, by 31 January,

inform the Secretary of State and the Treasury what (if any) reviews under

this section the reviewer intends to carry out in that year.

    

Those reviews must be completed during that year or as soon as reasonably

practicable after the end of it.

(4)    

The independent reviewer must send to the Secretary of State a report on

the outcome of each review as soon as reasonably practicable after the

review is completed.

(5)    

On receiving a report under subsection (4), the Secretary of State must lay

a copy of it before Parliament.

(6)    

The expenses and allowances that may be paid under section 36(6) of the

Terrorism Act 2006 include expenses and allowances in respect of functions

under this section.

(7)    

In this section “terrorism” has the same meaning as in the Terrorism Act

2000 (see section 1(1) to (4) of that Act).”

Insert the following new Clause—

“Reviews of operation of other terrorism legislation

(1)    

In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—

(a)    

in subsection (2), for “carry out a review of those provisions and,”

substitute “carry out—

(a)    

a review of the provisions of the Terrorism Act 2000,

and

(b)    

a review of the provisions of Part 1 of this Act,

    

and,”;

(b)    

in subsection (4), for “subsection (2)” substitute “subsection (2)(a)”;

(c)    

after subsection (4B) insert—


 
 

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“(4C)    

In each calendar year the person appointed under

 

subsection (1) must, by 31 January, inform the Secretary of

 

State what (if any) reviews under subsection (2)(b) the

 

person intends to carry out in that year.

 

    

Those reviews must be completed during that year or as

 

soon as reasonably practicable after the end of it.”

 

(2)    

In section 31 of the Terrorist Asset-Freezing etc. Act 2010 (independent

 

review of operation of Part 1 of that Act), for subsection (2) substitute—

 

“(2)    

In each calendar year the person appointed under subsection (1)

 

must, by 31 January, inform the Treasury what (if any) reviews

 

under this section the person intends to carry out in that year.

 

    

Those reviews must be completed during that year or as soon as

 

reasonably practicable after the end of it.”

 

(3)    

In section 20 of the Terrorism Prevention and Investigation Measures Act

 

2011 (reviews of the operation of that Act)—

 

(a)    

for subsections (2) and (3) substitute—

 

“(2)    

In each calendar year the independent reviewer must, by 31

 

January, inform the Secretary of State what (if any) reviews

 

under this section the reviewer intends to carry out in that

 

year.

 

    

Those reviews must be completed during that year or as

 

soon as reasonably practicable after the end of it.”;

 

(b)    

omit subsections (7) to (9).”

Clause 36

Page 22, line 25, leave out paragraph (b)

Page 22, line 33, leave out subsection (4) and insert—

“( )    

Regulations under this section must—

(a)    

provide for the Secretary of State to appoint members of the board

after considering any recommendations made by the person

appointed under section 36(1) of the Terrorism Act 2006;

(b)    

provide for the board to be chaired by that person and to be subject

to his or her direction and control.”

Clause 39

Page 24, line 16, at end insert—

“( )    

A reference to a calendar year in the following subsections does not include

a year before 2016—

(a)    

subsection (3) of section (Reviews of operation of Part 1 etc);

(b)    

subsection (4C) of section 36 of the Terrorism Act 2006 (inserted by

section (Reviews of operation of other terrorism legislation)(1) above);

(c)    

subsection (2) of section 31 of the Terrorist Asset-Freezing etc. Act

2010 (substituted by section (Reviews of operation of other terrorism

legislation)(2) above);

(d)    

subsection (2) of section 20 of the Terrorism Prevention and

Investigation Measures Act 2011 (substituted by section (Reviews of

operation of other terrorism legislation)(3) above).”


 
 

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Clause 42

Page 25, line 6, leave out paragraph (a) and insert—

“(a)    

sections 28 to 30 and 32;”

Page 25, line 7, leave out “section” and insert “sections (Reviews of operation of Part

1 etc) to”

Page 25, line 12, leave out “Part 2” and insert “paragraphs 12 to 14”

Page 25, line 12, leave out “that Part” and insert “those paragraphs”

Page 25, line 13, leave out paragraph (d) and insert—

“(d)    

sections 21 and 25, section (Freedom of expression in universities

etc)(2) and (4) and sections (Monitoring of performance: further and

higher education bodies) to 26”

After Schedule 1

Insert the following new Schedule—

“Urgent temporary exclusion orders: reference to the court etc

Application

1          

This Schedule applies if the Secretary of State—

(a)    

makes the urgent case decisions in relation to an individual, and

(b)    

imposes a temporary exclusion order on the individual.

Statement of urgency

2          

The temporary exclusion order must include a statement that the

Secretary of State reasonably considers that the urgency of the case

requires the order to be imposed without obtaining the permission of the

court under section (Temporary exclusion orders: prior permission of the

court).

Reference to court

3    (1)  

Immediately after giving notice of the imposition of the temporary

exclusion order, the Secretary of State must refer to the court the

imposition of the order on the individual.

      (2)  

The function of the court on the reference is to consider whether the

urgent case decisions were obviously flawed.

      (3)  

The court’s consideration of the reference must begin within the period

of 7 days beginning with the day on which notice of the imposition of the

temporary exclusion order is given to the individual.

      (4)  

The court may consider the reference—

(a)    

in the absence of the individual,

(b)    

without the individual having been notified of the reference, and

(c)    

without the individual having been given an opportunity (if the

individual was aware of the reference) of making any

representations to the court.


 
 

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      (5)  

But that does not limit the matters about which rules of court may be

 

made.

 

Decision by court

 

4    (1)  

In a case where the court determines that any of the relevant decisions of

 

the Secretary of State is obviously flawed, the court must quash the

 

temporary exclusion order.

 

      (2)  

If sub-paragraph (1) does not apply, the court must confirm the

 

temporary exclusion order.

 

      (3)  

If the court determines that the decision of the Secretary of State that the

 

urgency condition is met is obviously flawed, the court must make a

 

declaration of that determination (whether it quashes or confirms the

 

temporary exclusion order under the preceding provisions of this

 

paragraph).

 

Procedures on reference

 

5    (1)  

In determining a reference under paragraph 3, the court must apply the

 

principles applicable on an application for judicial review.

 

      (2)  

The court must ensure that the individual is notified of the court’s

 

decision on a reference under paragraph 3.

 

Interpretation

 

6    (1)  

References in this Schedule to the urgency condition being met are

 

references to condition E being met by virtue of section 2(6A)(b)

 

(urgency of the case requires a temporary exclusion order to be imposed

 

without obtaining the permission of the court).

 

      (2)  

In this Schedule “the urgent case decisions” means the relevant decisions

 

and the decision that the urgency condition is met.

 

      (3)  

In this Schedule “the relevant decisions” means the decisions that the

 

following conditions are met—

 

(a)    

condition A;

 

(b)    

condition B;

 

(c)    

condition C;

 

(d)    

condition D.”

 

Insert the following new Schedule—

 

“Temporary exclusion orders: proceedings

 

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

 

TEO proceedings;

 

“the relevant court” means—

 

(a)    

in relation to TEO proceedings, the court;

 

(b)    

in relation to appeal proceedings, the Court of Appeal or the

 

Inner House of the Court of Session;


 
 

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“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;

 

“TEO proceedings” means proceedings on—

 

(a)    

an application under section (Temporary exclusion orders:

 

prior permission of the court),

 

(b)    

a reference under Schedule (Urgent temporary exclusion

 

orders: reference to the court etc),

 

(c)    

a review under section (Review of decisions relating to

 

temporary exclusion orders), or

 

(d)    

an application made by virtue of paragraph 6 of this

 

Schedule (application for order requiring anonymity).

 

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 relevant 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.

 

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.


 
 

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      (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;

 

(b)    

that such an application is always considered in the absence of

 

every party to the proceedings (and every party’s legal

 

representative);

 

(c)    

that the relevant court is required to give permission for material

 

not to be disclosed if it considers that the disclosure of the

 

material would be contrary to the public interest;

 

(d)    

that, if permission is given by the relevant court not to disclose

 

material, it must consider requiring the Secretary of State to

 

provide a summary of the material to every party to the

 

proceedings (and every party’s legal representative);

 

(e)    

that the relevant court is required to ensure that such a summary

 

does not contain material the disclosure of which would be

 

contrary to the public interest.

 

      (2)  

Rules of court relating to TEO proceedings or appeal proceedings must

 

secure that provision to the effect mentioned in sub-paragraph (3)

 

applies in cases where the Secretary of State—

 

(a)    

does not receive the permission of the relevant court to withhold

 

material, but elects not to disclose it, or

 

(b)    

is required to provide a party to the proceedings with a summary

 

of material that is withheld, but elects not to provide the

 

summary.

 

      (3)  

The relevant court must be authorised—

 

(a)    

if it considers that the material or anything that is required to be

 

summarised might adversely affect the Secretary of State’s case

 

or support the case of a party to the proceedings, to direct that the

 

Secretary of State—

 

(i)    

is not to rely on such points in the Secretary of State’s

 

case, or

 

(ii)    

is to make such concessions or take such other steps as the

 

court may specify, or

 

(b)    

in any other case, to ensure that the Secretary of State does not

 

rely on the material or (as the case may be) on that which is

 

required to be summarised.

 

      (4)  

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.

 

Article 6 rights

 

5    (1)  

Nothing in paragraphs 2 to 4, or in rules of court made under any of

 

those paragraphs, is to be read as requiring the relevant court to act in a

 

manner inconsistent with Article 6 of the Human Rights Convention.


 
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