Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 26 June 2018

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 1 to 25 and NC1 to NC3

 

Counter-Terrorism and Border Security Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 25 June (Standing Order 83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 26

 

June meet—

 

(a)  

at 2.00 pm on Tuesday 26 June; 

 

(b)  

at 11.30 am on Thursday 28 June;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 3 July;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 5 July;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 10 July;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 12 July;

 

(g)  

at 9.25 am and 2.00 pm on Tuesday 17 July;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:


 
 

Public Bill Committee: 26 June 2018                     

2

 

Counter-Terrorism and Border Security Bill, continued

 
 

TABLE

 

Date

Time

Witness

 
 

Tuesday 26 June

Until no later than

Metropolitan Police; Crown

 
  

10.55 am

Prosecution Service

 
 

Tuesday 26 June

Until no later than

The Law Society

 
  

11.25 am

  
 

Tuesday 26 June

Until no later than

Max Hill QC, Independent

 
  

2.45 pm

Reviewer of Terrorism

 
   

Legislation

 
 

Tuesday 26 June

Until no later than

The Law Society of Scotland

 
  

3.15 pm

  
 

Tuesday 26 June

Until no later than

Liberty; Criminal Bar

 
  

3.45 pm

Association

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 11; Schedule 1; Clauses 12 to 17; Schedule 2;

 

Clauses 18 to 20; Schedule 3; Clause 21; Schedule 4; Clauses 22 to 26; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

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

 

conclusion at 5.00 pm on Tuesday 17 July.

 

Mr Ben Wallace has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 


 

Mr Ben Wallace

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 


 

Mr Ben Wallace

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 


 

Nick Thomas-Symonds

 

2

 

Parliamentary Star    

Clause  1,  page  1,  line  5,  at end insert—

 

“(A1)    

Section 12 of the Terrorism Act 2000 (support) is amended as follows.

 

(B1)    

In subsection (1), after paragraph (b), insert—


 
 

Public Bill Committee: 26 June 2018                     

3

 

Counter-Terrorism and Border Security Bill, continued

 
 

“(c)    

in doing so is reckless as to whether another person will be encouraged

 

to support a proscribed organisation.””

 

Member’s explanatory statement

 

This amendment would amend the existing offence of inviting support for a proscribed

 

organisation so that a person must be reckless as to whether another person is encouraged to

 

support a proscribed organisation to commit the offence.

 

Nick Thomas-Symonds

 

3

 

Parliamentary Star    

Clause  1,  page  1,  leave out line 6 and insert—

 

“(1)    

After subsection (1) insert–”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment (2).

 

Nick Thomas-Symonds

 

1

 

Parliamentary Star    

Clause  1,  page  1,  line  10,  leave out paragraph (b) and insert—

 

“(b)    

in doing so, intends to encourage support for a proscribed organisation”.

 

Member’s explanatory statement

 

This amendment would mean that the offence is only committed where a person intends to

 

encourage support for a proscribed organisation.

 


 

Nick Thomas-Symonds

 

4

 

Parliamentary Star    

Clause  2,  page  2,  line  6,  at end insert—

 

“(1C)    

It is a defence for a person charged with an offence under subsection (1A) to

 

prove that he had a reasonable excuse for the publication of the image.”

 

Member’s explanatory statement

 

This amendment explicitly sets out that a person charged with the new offence under subsection

 

(3) has a defence if they can prove a reasonable excuse for the publication of the image.

 


 

Nick Thomas-Symonds

 

5

 

Parliamentary Star    

Clause  3,  page  2,  line  13,  after “occasions” insert “in a 12 month period”

 

Member’s explanatory statement

 

This amendment would mean that a person would have to view the relevant information three or

 

more times in a 12 month period to commit the offence.

 

Nick Thomas-Symonds

 

6

 

Parliamentary Star    

Clause  3,  page  2,  line  15,  after “kind” insert “, provided that on each occasion the

 

person intends to provide practical assistance to a person who prepares or commits an act

 

of terrorism.”

 

Member’s explanatory statement

 

This amendment would require a person viewing information likely to be useful to a person

 

committing or preparing an act of terrorism to intend to provide practical assistance of that kind

 

in order to commit the offence.


 
 

Public Bill Committee: 26 June 2018                     

4

 

Counter-Terrorism and Border Security Bill, continued

 
 

Nick Thomas-Symonds

 

7

 

Parliamentary Star    

Clause  3,  page  2,  line  26,  at end insert—

 

“(4)    

In subsection (3), leave out from “section” to the end of the subsection and insert

 

“where—

 

(a)    

the person sets out a reasonable excuse for their action or possession; and

 

(b)    

the excuse in paragraph (a) is not disproved beyond reasonable doubt.””

 

Member’s explanatory statement

 

This amendment would mean that a person has a defence to the offences in section 58 of the

 

Terrorism Act 2000 as amended if they raise a reasonable excuse and that excuse cannot be

 

disproved beyond reasonable doubt.

 

Nick Thomas-Symonds

 

8

 

Parliamentary Star    

Clause  3,  page  2,  line  26,  at end insert—

 

“(5)    

After subsection (3), insert—

 

“(3A)    

A reasonable excuse under subsection (3) may include, but is not limited

 

to, that the material has been viewed, possessed or collected—

 

(a)    

for the purposes of journalism;

 

(b)    

for the purposes of research;

 

(c)    

by an elected official, or an individual acting on behalf of an

 

elected official, in the course of their duties; or

 

(d)    

by a public servant in the course of their duties.

 

(6)    

At the end of subsection (5) insert—

 

“(c)    

“elected official” has the same meaning as section 23 of the Data

 

Protection       Act 2018; and

 

(d)    

“public servant” means an officer or servant of the Crown or of any

 

public authority.””

 

Member’s explanatory statement

 

This amendment would explicitly set out non-exhaustive grounds on which a reasonable excuse

 

defence might be made out.

 

Nick Thomas-Symonds

 

9

 

Parliamentary Star    

Clause  3,  page  2,  line  26,  at end insert—

 

“(7)    

The Secretary of State must within 12 months of the passing of this Act make

 

arrangement for an independent review and report on the operation of section 58

 

of the Terrorism Act 2000 as amended by subsection (2).

 

(8)    

The review under subsection (7) must be laid before both Houses of Parliament

 

within 18 months of the passing of this Act.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to conduct a review and report to Parliament

 

on the operation of the new offence inserted by this clause.

 

Gavin Newlands

 

12

 

Parliamentary Star    

Page  2,  line  7,  leave out Clause 3

 



 
 

Public Bill Committee: 26 June 2018                     

5

 

Counter-Terrorism and Border Security Bill, continued

 
 

Nick Thomas-Symonds

 

10

 

Parliamentary Star    

Clause  6,  page  3,  line  36,  at end insert—

 

“(7)    

Sentencing guidelines for offences for which the maximum sentence has been

 

increased under this section must be published within six months of the passing

 

of this Act by the following bodies—

 

(a)    

in relation to England and Wales, the Sentencing Council for England

 

and Wales;

 

(b)    

in relation to Scotland, the Scottish Sentencing Council; and

 

(c)    

in relation to Northern Ireland, the Lord Chief Justice’s Sentencing

 

Group.”

 

Member’s explanatory statement

 

This amendment would require the bodies responsible for sentencing guidelines to produce new

 

guidelines in relation to offences for which the maximum sentence would be increased under

 

Clause 6.

 


 

Gavin Newlands

 

13

 

Parliamentary Star    

Clause  14,  page  15,  line  20,  at end insert—

 

“(2A)    

The authority may not impose any charge where the relevant event is a public

 

procession or assembly as defined by section 16 of the Public Order Act 1986

 

taking place for the purposes set out at section 11(1) of the same Act.”

 

Member’s explanatory statement

 

This amendment would ensure that a new power to impose charges in connection with anti-terror

 

measures at events or particular sites would not restrict protest rights through the imposition of

 

costs that organisers are unable to pay.

 


 

Gavin Newlands

 

14

 

Parliamentary Star    

Schedule  2,  page  26,  line  5,  leave out paragraph 2

 

Gavin Newlands

 

15

 

Parliamentary Star    

Schedule  2,  page  26,  line  29,  leave out sub-paragraph 3(4)

 

Member’s explanatory statement

 

These paragraphs extend from two years to five years the time period for which invasive biometric

 

data, including fingerprints and DNA, can be retained. This amendment and amendments 16, 17,

 

18, 19 and 20 would mean that the time period remains at two years.

 

Gavin Newlands

 

16

 

Parliamentary Star    

Schedule  2,  page  29,  line  3,  leave out sub-paragraph 7(4)

 

Member’s explanatory statement

 

These paragraphs extend from two years to five years the time period for which invasive biometric

 

data, including fingerprints and DNA, can be retained. This amendment and amendments 15, 17,

 

18, 19 and 20 would mean that the time period remains at two years.


 
 

Public Bill Committee: 26 June 2018                     

6

 

Counter-Terrorism and Border Security Bill, continued

 
 

Gavin Newlands

 

17

 

Parliamentary Star    

Schedule  2,  page  30,  line  3,  leave out sub-paragraph 10(4)

 

Member’s explanatory statement

 

These paragraphs extend from two years to five years the time period for which invasive biometric

 

data, including fingerprints and DNA, can be retained. This amendment and amendments 15, 16,

 

18, 19 and 20 would mean that the time period remains at two years.

 

Gavin Newlands

 

18

 

Parliamentary Star    

Schedule  2,  page  31,  line  32,  leave out sub-paragraph 13(4)

 

Member’s explanatory statement

 

These paragraphs extend from two years to five years the time period for which invasive biometric

 

data, including fingerprints and DNA, can be retained. This amendment and amendments 15, 16,

 

17, 19 and 20 would mean that the time period remains at two years.

 

Gavin Newlands

 

19

 

Parliamentary Star    

Schedule  2,  page  33,  line  4,  leave out sub-paragraph 16(4)

 

Member’s explanatory statement

 

These paragraphs extend from two years to five years the time period for which invasive biometric

 

data, including fingerprints and DNA, can be retained. This amendment and amendments 15, 16,

 

17, 18 and 20 would mean that the time period remains at two years.

 

Gavin Newlands

 

20

 

Parliamentary Star    

Schedule  2,  page  34,  line  28,  leave out paragraph 19

 

Member’s explanatory statement

 

These paragraphs extend from two years to five years the time period for which invasive biometric

 

data, including fingerprints and DNA, can be retained. This amendment and amendments 15, 16,

 

17, 18 and 19 would mean that the time period remains at two years.

 


 

Neil Coyle

 

11

 

Parliamentary Star    

Clause  19,  page  19,  line  27,  at end insert—

 

“(c)    

the acts of terrorism referred to in paragraph (b) occurred on or after 1

 

January 2017”.

 

Member’s explanatory statement

 

This amendment would mean that the extension of terrorism reinsurance arrangements to losses

 

that cannot be directly linked to physical damage would apply to those businesses that had

 

financial losses due to terrorist acts occurring on or after 1 January 2017.

 



 
 

Public Bill Committee: 26 June 2018                     

7

 

Counter-Terrorism and Border Security Bill, continued

 
 

Gavin Newlands

 

21

 

Parliamentary Star    

Schedule  3,  page  46,  line  17,  leave out “and 26”

 

Gavin Newlands

 

22

 

Parliamentary Star    

Schedule  3,  page  46,  line  26,  leave out sub-paragraph (3)

 

Gavin Newlands

 

23

 

Parliamentary Star    

Schedule  3,  page  46,  line  33,  leave out sub-paragraph (6) and insert—

 

    “(6)  

Sub-paragraph (5) does not apply if the examining officer reasonably believes

 

that the time it would take to consult a solicitor in person would create an

 

immediate risk of physical injury to any person.”

 

Gavin Newlands

 

24

 

Parliamentary Star    

Schedule  3,  page  46,  line  37,  at end insert, “provided that the person is at all times

 

able to consult with a solicitor in private.”

 

Gavin Newlands

 

25

 

Parliamentary Star    

Schedule  3,  page  47,  line  29,  leave out paragraph 26

 

Member’s explanatory statement

 

This amendment would delete provisions in the Bill which restrict access to a lawyer for those

 

detained under Schedule 3 for the purpose of assessing whether they are or have been engaged in

 

hostile activity.

 


 

Stephen Doughty

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“Monitoring and removal of unlawful content

 

(1)    

Internet search engine providers, video and image sharing platforms, and social

 

media platforms shall—

 

(a)    

maintain effective procedures for routinely checking whether material

 

posted on their platforms has been posted by or on behalf of a proscribed

 

organisation, or indirectly to encourage support for a proscribed

 

organisation;

 

(b)    

ensure that for the purposes of (a), effective manual and automatic

 

procedures are maintained to check for variants of names, slogans, or

 

imagery which would reasonably identify material as relating to a

 

proscribed organisation;

 

(c)    

remove or block such content with six hours of its being identified by

 

internal procedures; and

 

(d)    

remove or block such content within 24 hours of receiving an external

 

complaint of its existence on the provider’s platforms.


 
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Revised 26 June 2018