Public Bill Committee: 26 June 2018                     

8

Counter-Terrorism and Border Security Bill, continued

(2)    

In subsection (1) the reference to material is a reference to a still or moving image,

an audio recording, or textual content (produced by any means).”

Gavin Newlands

NC2

To move the following Clause—

“Threshold for port and border control powers

(1)    

Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2)    

In paragraph 5 before “A person who is questioned” insert “Subject to paragraph

9A,”.

(3)    

After paragraph 6A(2) insert—

  “(2A)  

A person questioned under paragraph 2 or 3 may not be detained under

paragraph 6 unless the examining officer has reasonable grounds to

suspect that he is a person falling within section 40(1)(b).”

(4)    

In paragraph 8(1) before “An examining officer” insert “Subject to paragraph 9A

below,”.

(5)    

In paragraph 9(1) before “An examining officer” insert “Subject to paragraph 9A

below,”.

(6)    

After paragraph 9 insert—

“Data stored on electronic devices

9A  (1)  

For the purposes of this Schedule—

(a)    

the information or documents which a person can be required

to give the examining officer under paragraph 5,

(b)    

the things which may be searched under paragraph 8, and

(c)    

the property which may be examined under paragraph 9 do

not include data stored on personal electronic devices unless

the person is detained under paragraph 6.

      (2)  

“Personal electronic device” includes a mobile phone, a personal

computer and any other portable electronic device on which personal

information is stored.”

Member’s explanatory statement

This new clause would implement the recommendations of Parliament’s Joint Committee on

Human Rights and would require an officer to have reasonable grounds for suspecting an

individual is or has been concerned in the commission, preparation or instigation of acts of

terrorism before she could detain an individual for up to 6 hours under Schedule 7.

Public Bill Committee: 26 June 2018                     

9

Counter-Terrorism and Border Security Bill, continued

Gavin Newlands

NC3

To move the following Clause—

“Access to a solicitor

(1)    

Schedule 8 of the Terrorism Act 2000 is amended as follows.

(2)    

In paragraph 7 leave out “Subject to paragraphs 8 and 9”.

(3)    

In paragraph 7A—

(a)    

leave out sub-paragraph (3),

(b)    

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.”

(c)    

in sub-paragraph (7) at end insert “provided that the person is at all times

able to consult with a solicitor in private.”

(d)    

leave out subparagraph (8).

(4)    

Leave out paragraph 9.”

Member’s explanatory statement

This amendment would delete provisions in the Terrorism Act 2000 which restrict access to a

lawyer for those detained under Schedule 7.

Order of the House [11 June 2018]

That the following provisions shall apply to the Counter-Terrorism and Border

Security Bill:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 17 July.

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Proceedings on Consideration and up to and including Third Reading

4.    

Proceedings on Consideration and any proceedings in legislative grand

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

conclusion one hour before the moment of interruption on the day on which

those proceedings are commenced.

5.    

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

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

6.    

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

proceedings on Consideration and up to and including Third Reading.

Public Bill Committee: 26 June 2018                     

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Counter-Terrorism and Border Security Bill, continued

Other proceedings

7.    

Any other proceedings on the Bill may be programmed.