Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 3 July 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: 46 to 47 and NC8

 

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withdrawn amendments at the end.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

 

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


 
 

Public Bill Committee: 3 July 2018                     

2

 

Counter-Terrorism and Border Security Bill, continued

 
 

(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

 

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

 



 
 

Public Bill Committee: 3 July 2018                     

3

 

Counter-Terrorism and Border Security Bill, continued

 
 

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.”

 

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.

 


 

Nick Thomas-Symonds

 

28

 

Clause  12,  page  13,  line  18,  at end insert—

 

“(ba)    

that there are reasonable  grounds for believing that the person to whom

 

the warrant relates has committed an offence;”

 

Member’s explanatory statement

 

This amendment would require a police officer applying for a power to enter and search the home

 

address of a person subject to notification requirements to demonstrate reasonable grounds for

 

believing that the person has committed an offence.

 

Stephen Doughty

 

46

 

Parliamentary Star    

Clause  12,  page  13,  line  40,  at end insert “, provided that all reasonable steps are

 

taken to avoid injury to, or disruption to the normal activities of other occupants of the

 

premises.”

 

Member’s explanatory statement

 

This amendment would ensure that officers entering premises must take reasonable steps to avoid

 

injury to or disruption to other unrelated individuals e.g. family members who are living at the

 

premises.

 


 

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.


 
 

Public Bill Committee: 3 July 2018                     

4

 

Counter-Terrorism and Border Security Bill, continued

 
 

Nick Thomas-Symonds

 

29

 

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

 

“(2A)    

The authority may not impose a charge where—

 

(a)    

the order or notice is made in relation to an event which is a public

 

procession or public assembly; and

 

(b)    

the event is taking place for one or more of the purposes set out in section

 

11(1) of the Public Order Act 1986.

 

(2B)    

In subsection (2A), “public procession” and “public assembly” have the same

 

meaning as in the Public Order Act 1986.”

 

Nick Thomas-Symonds

 

30

 

Clause  14,  page  16,  line  33,  leave out from “authorise” to “to” in line 34, and insert

 

“another constable”.

 


 

Gavin Newlands

 

14

 

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

 

Nick Thomas-Symonds

 

34

 

Schedule  2,  page  26,  line  16,  at end insert—

 

“(c)    

the Commissioner for the Retention and Use of Biometric Material has

 

consented under section 63G to the retention of the material.”

 

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: 3 July 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.

 

Nick Thomas-Symonds

 

33

 

Schedule  2,  page  35,  line  17,  at end insert—

 

“21(1)  

A person whose biometric data is retained under the provisions of this schedule

 

may apply to the Commissioner for the Retention and Use of Biometric

 

Material (“the Commissioner”) for the destruction of that data when the

 

conditions in sub-paragraph (2) are met.

 

      (2)  

The conditions referred to in sub-paragraph (1) are—

 

(a)    

that the retention of the biometric data has not been previously

 

authorised by the Commissioner or a court of law; and

 

(b)    

that the biometric data was taken from the person—

 

(i)    

in circumstances where the arrest or charging of the person

 

was substantially due to a mistake, whether of identity, place

 

or other material fact; or

 

(ii)    

the person was arrested but never charged for the relevant

 

offence.

 

      (3)  

On receiving an appeal under sub-paragraph (1), the Commissioner must seek

 

representations from the chief officer of police in the area in which the

 

biometric data was taken as to whether the data should be destroyed or not.

 

      (4)  

The Commissioner must determine an appeal under sub-paragraph (1) within

 

three months of receiving the appeal.”

 



 
 

Public Bill Committee: 3 July 2018                     

6

 

Counter-Terrorism and Border Security Bill, continued

 
 

Nick Thomas-Symonds

 

31

 

Clause  18,  page  19,  line  14,  at end insert—

 

“(8)    

After section 39 (Power to amend Chapter 2), insert—

 

“39A  

Review of support for people vulnerable to being drawn into

 

terrorism

 

(1)    

The Secretary of State must within 6 months of the passing of the

 

Counter-Terrorism and Border Security Act 2018 make arrangements for

 

an independent review and report on the Government strategy for

 

supporting people vulnerable to being drawn into terrorism.

 

(2)    

The report and any recommendations of the review under subsection (1)

 

must be laid before the House of Commons within 18 months of the

 

passing of the Counter-Terrorism and Border Security Act 2018.

 

(3)    

The laying of the report and recommendations under subsection (2) must

 

be accompanied by a statement by the Secretary of State responding to

 

each recommendation made as part of the independent review.””

 

Nick Thomas-Symonds

 

32

 

Clause  18,  page  19,  line  14,  at end insert—

 

“(8)    

Within 6 months of the passing of this Act, the Secretary of State must conduct a

 

review to establish whether local authorities have sufficient resources and

 

expertise to effectively carry out their duties in supporting people vulnerable to

 

being drawn into terrorism.

 

(9)    

Within 12 months of the passing of this Act, the Secretary of State must lay the

 

results of the review under subsection (8) before the House of Commons.”

 


 

Neil Coyle

 

45

 

Clause  19,  page  19,  line  20,  leave out paragraph (b) and insert—

 

“(b)    

after paragraph (b) insert—

 

“(c)    

the use of a motor vehicle during acts of terrorism; and

 

(d)    

any loss which falls within subsection (1A).””

 

Member’s explanatory statement

 

This amendment would ensure that personal injury sustained as a result of the use of a motor

 

vehicle during acts of terrorism would be covered by terrorism reinsurance arrangements.

 

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.


 
 

Public Bill Committee: 3 July 2018                     

7

 

Counter-Terrorism and Border Security Bill, continued

 
 

Neil Coyle

 

26

 

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

 

“(4)    

Where an event occurs which the Secretary of State has grounds to believe may

 

be an act of terrorism for the purposes of terrorism reinsurance, the Secretary of

 

State must within three days of the event make a statement that

 

(a)    

the event is or is not an act of terrorism for the purposes of terrorism

 

reinsurance; or

 

(b)    

there is not yet enough evidence to make a statement under paragraph (a)

 

and set a timeframe for when it is expected that such a statement is likely

 

to be made.

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to make a statement in relation to whether

 

an event is an act of terrorism within three days of the event occurring, or else provide a statement

 

of when such a statement is likely to be made.

 

Neil Coyle

 

27

 

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

 

“(4)    

After section 2 of the Reinsurance (Acts of Terrorism) Act 1993 (Reinsurance

 

arrangements to which this Act applies) insert

 

“2A    

Duty to advise on terrorism insurance

 

(1)    

Where the conditions in subsection (2) are met, an insurance provider has

 

a duty to advise on the available insurance related to losses sustained as

 

a result of acts of terrorism.

 

(2)    

The conditions referred to in subsection (1) are

 

(a)    

that a person asks the insurance provider for advice in relation to

 

insurance (whether related to terrorism or not); and

 

(b)    

that it seems to the insurance provider that the person may

 

benefit from insurance in relation to a loss which is covered by

 

terrorism reinsurance arrangements under this Act.

 

(3)    

In this section, “insurance provider” means

 

(a)    

a person regulated by the Financial Conduct Authority or the

 

Prudential Regulation Authority who sells insurance, or

 

underwrites the risk of such insurance, or

 

(b)    

the agent of such a person.””

 

Member’s explanatory statement

 

This amendment would require insurance providers to advise on the insurance available in

 

relation to losses sustained as a result of acts of terrorism.

 


 

Nick Thomas-Symonds

 

44

 

Schedule  3,  page  35,  line  37,  leave out “whether or not there are” and insert “where

 

there are reasonable”


 
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Revised 02 July 2018