1

House of Commons

Thursday 28 June 2018

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

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withdrawn amendments at the end.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 Order of the Committee [26 June 2018].

Nick Thomas-Symonds

2

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—

“(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

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).

Public Bill Committee: 28 June 2018                     

2

Counter-Terrorism and Border Security Bill, continued

Nick Thomas-Symonds

1

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

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

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

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.

Nick Thomas-Symonds

7

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.

Public Bill Committee: 28 June 2018                     

3

Counter-Terrorism and Border Security Bill, continued

Nick Thomas-Symonds

8

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

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

Page  2,  line  7,  leave out Clause 3

Nick Thomas-Symonds

10

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.”

Public Bill Committee: 28 June 2018                     

4

Counter-Terrorism and Border Security Bill, continued

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

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

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

Gavin Newlands

15

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

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.

Gavin Newlands

17

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.

Public Bill Committee: 28 June 2018                     

5

Counter-Terrorism and Border Security Bill, continued

Gavin Newlands

18

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

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

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

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.

Gavin Newlands

21

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

Gavin Newlands

22

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

Public Bill Committee: 28 June 2018                     

6

Counter-Terrorism and Border Security Bill, continued

Gavin Newlands

23

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

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

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

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.

(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).”

Public Bill Committee: 28 June 2018                     

7

Counter-Terrorism and Border Security Bill, continued

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.

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),