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1

 

House of Commons

 
 

Tuesday 11 September 2018

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Counter-Terrorism and Border Security Bill,


 

As Amended


 

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withdrawn amendments at the end.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 Counter-Terrorism and Border Security Bill (Programme (No.

 

2)) Motion to be proposed by Secretary Sajid Javid.

 

 


 

New Clauses and New Schedules creating offences relating to terrorism;

 

amendments to Clauses 1 to 10; new Clauses and new Schedules relating

 

to Prevent and amendments to Clause 18

 

New Clauses and New Schedules creating offences relating to terrorism

 

Secretary Sajid Javid

 

NC2

 

To move the following Clause—

 

         

“Entering or remaining in a designated area

 

(1)    

The Terrorism Act 2000 is amended as follows.

 

(2)    

After section 58A insert—

 

“Entering or remaining in designated areas overseas

 

58B    

Entering or remaining in a designated area

 

(1)    

A person commits an offence if—

 

(a)    

the person enters, or remains in, a designated area, and


 
 

Consideration of Bill (Report Stage): 11 September 2018      

2

 

Counter-Terrorism and Border Security Bill, continued

 
 

(b)    

the person is a United Kingdom national, or a United Kingdom

 

resident, at the time of entering the area or at any time during

 

which the person remains there.

 

(2)    

It is a defence for a person charged with an offence under this section to

 

prove that the person had a reasonable excuse for entering, or remaining

 

in, the designated area.

 

(3)    

A person does not commit an offence under this section of entering, or

 

remaining in, a designated area if—

 

(a)    

the person is already travelling to, or is already in, the area on the

 

day on which it becomes a designated area, and

 

(b)    

the person leaves the area before the end of the period of one

 

month beginning with that day.

 

(4)    

A person guilty of an offence under this section is liable on conviction on

 

indictment to imprisonment for a term not exceeding 10 years, or to a

 

fine, or to both.

 

(5)    

In this section—

 

“designated area” means an area outside the United Kingdom that

 

is for the time being designated for the purposes of this section

 

in regulations under section 58C;

 

“United Kingdom national” means an individual who is—

 

(a)    

a British citizen, a British overseas territories citizen, a

 

British National (Overseas) or a British Overseas

 

citizen,

 

(b)    

a person who under the British Nationality Act 1981 is a

 

British subject, or

 

(c)    

a British protected person within the meaning of that

 

Act;

 

“United Kingdom resident” means an individual who is resident in

 

the United Kingdom.

 

(6)    

The reference in subsection (3) to the day on which an area becomes a

 

designated area is a reference to the day on which regulations under

 

section 58C come into force designating the area for the purposes of this

 

section.

 

(7)    

Nothing in this section imposes criminal liability on any person acting on

 

behalf of, or holding office under, the Crown.

 

58C    

Section 58B: designated areas

 

(1)    

The Secretary of State may by regulations designate an area outside the

 

United Kingdom as a designated area for the purposes of section 58B if

 

the following condition is met.

 

(2)    

The condition is that the Secretary of State is satisfied that it is necessary,

 

for the purpose of protecting members of the public from a risk of

 

terrorism, to restrict United Kingdom nationals and United Kingdom

 

residents from entering, or remaining in, the area.

 

(3)    

The reference in subsection (2) to the public includes a reference to the

 

public of a country other than the United Kingdom.


 
 

Consideration of Bill (Report Stage): 11 September 2018      

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Counter-Terrorism and Border Security Bill, continued

 
 

(4)    

Where an area is designated by regulations under this section, the

 

Secretary of State must—

 

(a)    

keep under review whether the condition in subsection (2)

 

continues to be met in relation to the area, and

 

(b)    

if the Secretary of State determines that the condition is no longer

 

met, revoke the regulations (or revoke them so far as they have

 

effect in relation to that area if the regulations designate more

 

than one area).

 

(5)    

In this section “designated area”, “United Kingdom national” and

 

“United Kingdom resident” have the same meaning as in section 58B.”

 

(3)    

In section 123 (orders and regulations), after subsection (6) insert—

 

“(6ZA)    

Regulations under section 58C—

 

(a)    

must be laid before Parliament after being made, and

 

(b)    

cease to have effect at the end of the period of 40 days beginning

 

with the day on which they are made unless before the end of that

 

period the regulations are approved by a resolution of each

 

House of Parliament.

 

(6ZB)    

For the purposes of subsection (6ZA) the period of 40 days is to be

 

computed in accordance with section 7(1) of the Statutory Instruments

 

Act 1946.

 

(6ZC)    

Subsection (6ZA)(b)—

 

(a)    

is without prejudice to anything previously done or to the power

 

of the Secretary of State to make new regulations under section

 

58C;

 

(b)    

does not apply to regulations that only revoke previous

 

regulations under that section.”

 

Member’s explanatory statement

 

This new clause would provide for an offence under the Terrorism Act 2000 of entering, or

 

remaining in, an area outside the United Kingdom that has been designated in regulations made

 

by the Secretary of State. In making such regulations the Secretary of State would need to be

 

satisfied that it is necessary to restrict UK nationals and residents from entering or remaining in

 

the area for the purpose of protecting the public from a risk of terrorism.

 

 


 

amendments to Clauses 1 to 10

 

Secretary Sajid Javid

 

1

 

Clause  2,  page  2,  line  9,  at end insert—

 

“( )    

After subsection (3) insert—

 

“(4)    

A constable may seize an item of clothing or any other article if the

 

constable—

 

(a)    

reasonably suspects that it is evidence in relation to an offence

 

under subsection (1), and

 

(b)    

is satisfied that it is necessary to seize it in order to prevent the

 

evidence being concealed, lost, altered or destroyed.


 
 

Consideration of Bill (Report Stage): 11 September 2018      

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Counter-Terrorism and Border Security Bill, continued

 
 

(5)    

In connection with exercising the power in subsection (4), a constable

 

may require a person to remove the item of clothing or other article if the

 

person is wearing it.

 

(6)    

But the powers conferred by subsections (4) and (5) may not be exercised

 

so as to seize, or require a person to remove, an item of clothing being

 

worn next to the skin or immediately over a garment being worn as

 

underwear.””

 

Member’s explanatory statement

 

Section 13 of the Terrorism Act 2000 provides for an offence of wearing, carrying or displaying

 

an item of clothing or other article in such a way as to arouse reasonable suspicion that the person

 

is a member or supporter of a proscribed organisation. This amendment would further amend that

 

section so as to confer a power on constables in certain circumstances to seize such items or

 

articles.

 


 

Secretary Sajid Javid

 

2

 

Clause  3,  page  2,  line  16,  leave out “on three or more different occasions”

 

Member’s explanatory statement

 

Clause 3 amends section 58 of the Terrorism Act 2000 so as to make it an offence to view on 3 or

 

more occasions over the internet documents or records containing information likely to be useful

 

to terrorists. This amendment would remove the requirement for the material to be viewed 3 or

 

more times. Instead Amendment 4 makes it clear that the circumstances in which a reasonable

 

excuse defence will apply include those where the person did not know that the document would

 

contain such information.

 

Secretary Sajid Javid

 

3

 

Clause  3,  page  2,  line  16,  after “views” insert “, or otherwise accesses,”

 

Member’s explanatory statement

 

This amendment would broaden the offence of viewing material (see the explanatory statement to

 

Amendment 2) so that it also includes accessing the material in any other way.

 

Secretary Sajid Javid

 

4

 

Clause  3,  page  2,  line  19,  leave out subsection (3) and insert—

 

“(3)    

After subsection (1) insert—

 

“(1A)    

The cases in which a person collects or makes a record for the purposes

 

of subsection (1)(a) include (but are not limited to) those where the

 

person does so by means of the internet (whether by downloading the

 

record or otherwise).”

 

(4)    

After subsection (3) insert—

 

“(3A)    

The cases in which a person has a reasonable excuse for the purposes of

 

subsection (3) include (but are not limited to) those in which at the time

 

of the person’s action or possession, the person did not know, and had no

 

reason to believe, that the document or record in question contained, or


 
 

Consideration of Bill (Report Stage): 11 September 2018      

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Counter-Terrorism and Border Security Bill, continued

 
 

was likely to contain, information of a kind likely to be useful to a person

 

committing or preparing an act of terrorism.”

 

Member’s explanatory statement

 

See the explanatory statement for Amendment 2.

 


 

Secretary Sajid Javid

 

5

 

Clause  6,  page  3,  line  28,  at end insert—

 

“( )    

In section 38B (information about acts of terrorism), in subsection (5)(a), for

 

“five years” substitute “10 years.”

 

Member’s explanatory statement

 

It is an offence under section 38B of the Terrorism Act 2000 to fail to disclose information that

 

might be of material assistance in preventing an act of terrorism or in securing the apprehension,

 

prosecution or conviction of a terrorist. This amendment would increase the maximum sentence

 

for this offence from 5 years to 10 years.

 


 

Secretary Sajid Javid

 

15

 

Clause  8,  page  5,  line  37,  at end insert—

 

“160A    

An offence under section 58B of that Act (entering or remaining in a

 

designated area).”

 

Member’s explanatory statement

 

This amendment is consequential on NC2. It would provide for the new offence of entering or

 

remaining in a designated area to be included in the list of specified terrorism offences in Schedule

 

15 to the Criminal Justice Act 2003.

 

Secretary Sajid Javid

 

16

 

Clause  8,  page  6,  line  38,  at end insert—

 

“9C      

An offence under section 58B of that Act (entering or remaining in a

 

designated area).”

 

Member’s explanatory statement

 

This amendment is consequential on NC2. It would provide for the new offence of entering or

 

remaining in a designated area to be included in the list of offences that may trigger a special

 

custodial sentence under section 236A of the Criminal Justice Act 2003.

 



 
 

Consideration of Bill (Report Stage): 11 September 2018      

6

 

Counter-Terrorism and Border Security Bill, continued

 
 

Secretary Sajid Javid

 

17

 

Clause  9,  page  7,  line  37,  at end insert—

 

“(viia)    

section 58B (entering or remaining in a designated area),”

 

Member’s explanatory statement

 

This amendment is consequential on NC2. It would provide for the new offence of entering or

 

remaining in a designated area to be included in the definition of “terrorism offence” in section

 

210A(10) of the Criminal Procedure (Scotland) Act 1995.

 


 

Secretary Sajid Javid

 

18

 

Clause  10,  page  9,  line  5,  after “etc),” insert—

 

“section 58B (entering or remaining in a designated area),”

 

Member’s explanatory statement

 

This amendment is consequential on NC2. It would provide for the new offence of entering or

 

remaining in a designated area to be included in the list of specified terrorism offences in Schedule

 

2 to the Criminal Justice (Northern Ireland) Order 2008.

 


 

new Clauses and new Schedules relating to Prevent and amendments to

 

Clause 18

 

Nick Thomas-Symonds

 

Gavin Newlands

 

13

 

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.””

 



 
 

Consideration of Bill (Report Stage): 11 September 2018      

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Counter-Terrorism and Border Security Bill, continued

 
 

New Clauses, new Schedules and amendments relating to European Arrest

 

Warrants; remaining proceedings on Consideration

 

New Clauses, new Schedules and amendments relating to European Arrest

 

Warrants

 

Nick Thomas-Symonds

 

Gavin Newlands

 

NC1

 

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.

 

 


 

remaining proceedings on Consideration

 

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—

 

         

“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.”


 
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Revised 10 September 2018