Notices of Amendments: 28 June 2018                     

8

Counter-Terrorism and Border Security Bill, continued

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 (3) 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.”

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.”

Notices of Amendments: 28 June 2018                     

9

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.”

Nick Thomas-Symonds

39

Schedule  3,  page  46,  line  34,  at end insert—

  “(6A)  

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”

Notices of Amendments: 28 June 2018                     

10

Counter-Terrorism and Border Security Bill, continued

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).”

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

Notices of Amendments: 28 June 2018                     

11

Counter-Terrorism and Border Security Bill, continued

(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),

(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.

Notices of Amendments: 28 June 2018                     

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Counter-Terrorism and Border Security Bill, continued

(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.

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.”

Notices of Amendments: 28 June 2018                     

13

Counter-Terrorism and Border Security Bill, continued

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

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

terrorism.”

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.

Other proceedings

7.    

Any other proceedings on the Bill may be programmed.

Notices of Amendments: 28 June 2018                     

14

Counter-Terrorism and Border Security Bill, continued

Order of the Committee [26 June 2018]

That—

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 26

June meet—

(a)  

at 2.00 pm on Tuesday 26 June; 

(b)  

at 11.30 am on Thursday 28 June;

(c)  

at 9.25 am and 2.00 pm on Tuesday 3 July;

(d)  

at 11.30 am and 2.00 pm on Thursday 5 July;

(e)  

at 9.25 am and 2.00 pm on Tuesday 10 July;

(f)  

at 11.30 am and 2.00 pm on Thursday 12 July;

(g)  

at 9.25 am and 2.00 pm on Tuesday 17 July;

(2)  

the Committee shall hear oral evidence in accordance with the following

Table:

TABLE

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 11; Schedule 1; Clauses 12 to 17; Schedule 2;

Clauses 18 to 20; Schedule 3; Clause 21; Schedule 4; Clauses 22 to 26; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)  

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

conclusion at 5.00 pm on Tuesday 17 July.