Public Bill Committee: 5 July 2018                     

8

Counter-Terrorism and Border Security Bill, continued

Nick Thomas-Symonds

37

Schedule  3,  page  36,  line  7,  at end insert—

  “(6A)  

The Investigatory Powers Commissioner (“the Commissioner”) must be

informed when a person is stopped under the provisions of this paragraph.

    (6B)  

The Commissioner must make an annual report on the use of powers under this

paragraph.”

Nick Thomas-Symonds

35

Schedule  3,  page  40,  line  27,  at end insert—

“11A (1)  

This paragraph applies where—

(a)    

an examining officer intends to retain an article under paragraph (2);

and

(b)    

the person who owns or was carrying or transporting the article alleges

that the article contains confidential material.

      (2)  

Where sub-paragraph (1) applies, the examining officer—

(a)    

may not examine the article; and

(b)    

must immediately provide the article to the Investigatory Powers

Commissioner (the “Commissioner”).

      (3)  

On receiving an article under sub-paragraph (2), the Commissioner must

determine whether or not the article contains confidential material.

      (4)  

Where the Commissioner determines the article contains confidential material,

the Commissioner may authorise the examination and retention of material in

accordance with the provisions of paragraph 12(5).

      (5)  

Where the Commissioner determines the article does not contain confidential

material, the Commissioner must return the article to the examining officer to

determine whether the material should be retained under paragraph 11(2).”

Nick Thomas-Symonds

36

Schedule  3,  page  40,  line  31,  at end insert—

  “(2A)  

The person who owns or was carrying or transporting an article which is

retained under paragraph 11(2)(d) or (e) must be notified by the examining

officer when the Commissioner is informed that the article has been retained.”

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)

Nick Thomas-Symonds

38

Schedule  3,  page  46,  line  27,  leave out from “would” to the end of line 28 and

insert “create an immediate risk of physical injury to any person or persons.”

Public Bill Committee: 5 July 2018                     

9

Counter-Terrorism and Border Security Bill, continued

Nick Thomas-Symonds

40

Schedule  3,  page  46,  line  28,  at end insert—

  “(3A)  

Where the examining officer believes that there is an immediate risk of

physical injury to any person or persons under subparagraph (3), they must

allow the detainee to consult a solicitor by telephone.”

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.”

Nick Thomas-Symonds

39

Schedule  3,  page  46,  line  34,  leave out from “would” to the end of line 35 and

insert “create an immediate risk of physical injury to any person or persons.”

Nick Thomas-Symonds

41

Schedule  3,  page  46,  line  35,  at end insert—

  “(6A)  

Where the examining officer believes that there is an immediate risk of

physical injury to any person or persons under subparagraph (6), they must

allow the detainee to consult a solicitor by telephone.”

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.”

Nick Thomas-Symonds

43

Schedule  3,  page  46,  line  37,  at end insert—

  “(7A)  

The examining officer may require that the detainee consult only a solicitor

who has been approved by the Law Society for providing advice to persons

detained under the provisions of this schedule.”

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.

Nick Thomas-Symonds

42

Schedule  3,  page  47,  line  31,  leave out “and hearing” and insert “but not hearing”

Public Bill Committee: 5 July 2018                     

10

Counter-Terrorism and Border Security Bill, continued

Stephen Doughty

47

Schedule  3,  page  48,  line  9,  at end insert—

“26A (1)  

This paragraph applies where a person detained under the powers contained in

section 20 and schedule 3 is released without further action, charge or

proceedings being taken against them within a period of 6 months.

      (2)  

A person so released shall have an enforceable right to compensation in

relation to any costs incurred by them in relation to—

(a)    

any non-refundable or amendable travel by air, sea, or land postponed

or cancelled during the period of their detention,

(b)    

pre-paid accommodation cancelled as a result of travel cancelled as a

consequence of (a), and

(c)    

reasonable repair of any damage to property seized during the period

of detention that is not retained for evidential purposes, or replacement

of property damaged or destroyed on a like for like basis.

      (3)  

The Secretary of State may by regulations made by statutory instrument set out

arrangements for such compensation to be paid.

      (4)  

A statutory instrument under subsection (3) may not be made unless a draft of

the instrument has been laid before and approved by resolution of each House

of Parliament.

Member’s explanatory statement

This amendment provides for reimbursement of travel and accommodation costs incurred as a

result of a person being detained, who subsequently is not subject to further action, and for

compensation or replacement of property damaged or destroyed during detention.

Mr Ben Wallace

48

Schedule  4,  page  78,  line  30,  at end insert—

“Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015

No. 196)

28A(1)  

In regulation 4(2) of the Civil Legal Services (Financial) Regulations

(Northern Ireland) 2015 (exceptions from requirement to make a

determination in respect of an individual’s financial resources), after sub-

paragraph (a) insert—

“(aa)    

is detained under Schedule 7 to the Terrorism Act 2000 or

under Part 1 of Schedule 3 to the Counter-Terrorism and

Border Security Act 2018;”.

      (2)  

Nothing in sub-paragraph (1) affects any power under the Access to Justice

(Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend

any provision of the regulations amended by that sub-paragraph.

Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 (S.R. (N.I.) 2015

No. 201)

28B(1)  

In Schedule 2 to the Civil Legal Services (Remuneration) Order (Northern

Ireland) 2015 (advice and assistance)—

(a)    

for the title to Part 2 substitute “Matters other than those relating to

PACE, Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the

Counter-Terrorism and Border Security Act 2018”;

Public Bill Committee: 5 July 2018                     

11

Counter-Terrorism and Border Security Bill, continued

(b)    

in the title to Part 3 after “matters” insert “, Schedule 7 to the

Terrorism Act 2000 matters or Schedule 3 to the Counter-Terrorism

and Border Security Act 2018 matters”;

(c)    

in note (1) to Table 1 in Part 3 (which refers to work relating to

interviews conducted under the Police and Criminal Evidence

(Northern Ireland) Order 1989), at the end insert “, Schedule 7 to the

Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and

Border Security Act 2018”.

      (2)  

Nothing in sub-paragraph (1) affects any power under the Access to Justice

(Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend

any provision of the Order amended by that sub-paragraph.”

Member’s explanatory statement

This amendment would ensure that provision of legal advice and assistance, and the remuneration

payable for such advice and assistance, to persons detained in Northern Ireland under Schedule 7

to the Terrorism Act 2000, or under Schedule 3 to the Bill, is available in the same way as applies

in relation to persons arrested and detained under the Police and Criminal Evidence (Northern

Ireland) Order 1989.

Mr Ben Wallace

49

Schedule  4,  page  80,  line  27,  at end insert—

“( )    

in regulation 5 (notification of return), in paragraph (1), omit “for a

period of three days or more”.”

Member’s explanatory statement

Regulation 5 of the Counter-Terrorism Act 2008 (Foreign Travel Notification Requirements)

Regulations 2009 requires a person to whom the notification requirements apply who leaves the

United Kingdom for a period of three days or more to notify the police of the date of their return

and the point of their arrival in the United Kingdom within three days of their return (if they did

not notify this information before leaving the United Kingdom). This amendment would ensure that

regulation 5 applies to a person who leaves the United Kingdom for any period of time instead of

only for periods of three days or more.

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

Public Bill Committee: 5 July 2018                     

12

Counter-Terrorism and Border Security Bill, continued

(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).”

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: 5 July 2018                     

13

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.

Neil Coyle

NC4

To move the following Clause—

“Review of the changing nature of terrorism reinsurance requirements

(1)    

The Pool Reinsurance Company Limited must provide an annual report to the

Secretary of State setting out—

(a)    

an assessment of the nature of terrorism reinsurance requirements; and

(b)    

any recommendations on how terrorism reinsurance arrangements

should be amended to address terrorism reinsurance requirements.

(2)    

The Secretary of State must lay the report and any recommendations made under

subsection (1) before the House of Commons within three months of receipt.

(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 under subsection (1)(b).”

Member’s explanatory statement

This new clause would ensure that terrorism reinsurance arrangements are kept under annual

review by Pool Re and would require the Secretary of State to respond to Pool Re’s

recommendations in relation to terrorism reinsurance.

Public Bill Committee: 5 July 2018                     

14

Counter-Terrorism and Border Security Bill, continued

Neil Coyle

NC5

To move the following Clause—

“Fundraising for victims of terrorism: restrictions on profits

(1)    

Organisations that provide services for the purposes of raising donations shall not

be entitled to profit from those services where the conditions in subsection (2) are

met.

(2)    

The conditions referred to in subsection (1) are that—

(a)    

the purpose of raising funds is wholly or substantially to support persons

who have sustained a loss due to acts of terrorism; and

(b)    

the persons donating the funds are doing so without any expectation of

personal benefit.

(3)    

In this section “profits” means any income derived from providing services for

the purposes of raising donation in excess of the cost of providing those services.”

Member’s explanatory statement

This new clause would mean that organisations such as online donation platforms would not be

able to make a profit from supporting charitable fundraising for those affected by acts of terrorism.

Nick Thomas-Symonds

NC6

To move the following Clause—

“Continued participation in the European Arrest Warrant

(1)    

It is an objective of the Government, in negotiating the withdrawal of the United

Kingdom from the European Union, to seek continued United Kingdom

participation in the European Arrest Warrant in relation to persons suspected of

specified terrorism offences.

(2)    

In this section, “specified terrorism offences” has the same meaning as Schedule

15 of the Criminal Justice Act 2003.”

Member’s explanatory statement

This new clause would require the Government to adopt the continued participation of the UK in

the European Arrest Warrant in relation to people suspected of terrorist offences as a negotiating

objective in the withdrawal negotiations with the European Union.

Nick Thomas-Symonds

NC7

To move the following Clause—

“Continued participation in Eurojust and Europol

It is an objective of the Government, in negotiating the withdrawal of the United

Kingdom from the European Union, to seek continued United Kingdom