Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 10 July 2018

 

Public Bill Committee Proceedings

 

Counter-Terrorism and Border Security Bill


 

[Seventh Sitting]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 

Gavin Newlands

 

Negatived on division  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

 

Not called  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

 

Not called  25

 

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


 
 

Public Bill Committee Proceedings: 10 July 2018            

2

 

Counter-Terrorism and Border Security Bill, continued

 
 

Nick Thomas-Symonds

 

Not called  42

 

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

 

Stephen Doughty

 

Not moved  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.

 

Schedule Agreed to.

 

Clause 21 Agreed to.

 


 

Mr Ben Wallace

 

Agreed to  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.


 
 

Public Bill Committee Proceedings: 10 July 2018            

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Counter-Terrorism and Border Security Bill, continued

 
 

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”;

 

(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.”

 

Mr Ben Wallace

 

Agreed to  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”.”

 

Schedule, as amended, Agreed to.

 

Clauses 22 to 26 Agreed to.

 


 

Stephen Doughty

 

Not moved  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.


 
 

Public Bill Committee Proceedings: 10 July 2018            

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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

 

Not called  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.”

 


 

Gavin Newlands

 

Not called  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),


 
 

Public Bill Committee Proceedings: 10 July 2018            

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Counter-Terrorism and Border Security Bill, continued

 
 

(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.”

 


 

Neil Coyle

 

Not called  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).”

 


 

Neil Coyle

 

Negatived on division  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.”

 



 
 

Public Bill Committee Proceedings: 10 July 2018            

6

 

Counter-Terrorism and Border Security Bill, continued

 
 

Nick Thomas-Symonds

 

Negatived on division  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.”

 


 

Nick Thomas-Symonds

 

Not called  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

 

participation in Eurojust and Europol’s activities relating to preventing acts of

 

terrorism.”

 


 

Stephen Doughty

 

Withdrawn after debate  NC8

 

To move the following Clause—

 

         

“Passenger data sharing by travel providers

 

(1)    

Providers of travel services by air, sea or land for persons who embark or arrive

 

in the United Kingdom, must transfer passenger name record data to relevant

 

agencies within the United Kingdom, in advance of travel, provided that such

 

data are collected by providers in the normal course of their business.

 

(2)    

For the purposes of subsection (1) relevant agencies include, but are not limited

 

to, United Kingdom—

 

(a)    

police forces,

 

(b)    

intelligence agencies, and

 

(c)    

border security and immigration control agencies.

 

(3)    

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

 

(a)    

the specific types of minimum data required, which shall include names,

 

dates of birth and passport or travel document information, required

 

under subsection (1),

 

(b)    

arrangements and safeguards for handling of the data required, and the

 

process for transferring of such data, required under subsection (1), and

 

(c)    

a restitution scheme to allow individuals to provide relevant information

 

to protect against wrongful denial of travel.


 
 

Public Bill Committee Proceedings: 10 July 2018            

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Counter-Terrorism and Border Security Bill, continued

 
 

(4)    

The agencies listed in subsection (2) may compare the data obtained under

 

subsection (1) against relevant law enforcement databases in order to identify

 

persons that may have been convicted of terrorist offences, serious crime or

 

hostile state activity.”

 

Bill, as amended, to be reported.

 


 

 

Revised 10 July 2018