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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Tuesday 11 September 2018

Report Stage Proceedings

Counter-Terrorism and Border Security Bill,

As Amended

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Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.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

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

Read a seond time on division and added  NC2

To move the following Clause—

“Entering or remaining in a designated area

(1)    

The Terrorism Act 2000 is amended as follows.

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Counter-Terrorism and Border Security Bill, continued

(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

(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.

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Counter-Terrorism and Border Security Bill, continued

(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.

(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.”

amendments to Clauses 1 to 10

Secretary Sajid Javid

Agreed to  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.

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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.””

Secretary Sajid Javid

Agreed to  2

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

Secretary Sajid Javid

Agreed to  3

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

Secretary Sajid Javid

Agreed to  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

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

committing or preparing an act of terrorism.”

Secretary Sajid Javid

Agreed to  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.”

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Counter-Terrorism and Border Security Bill, continued

Secretary Sajid Javid

Agreed to  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).”

Secretary Sajid Javid

Agreed to  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).”

Secretary Sajid Javid

Agreed to  17

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

“(viia)    

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

Secretary Sajid Javid

Agreed to  18

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

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

new Clauses and new Schedules relating to Prevent and amendments to

Clause 18

Nick Thomas-Symonds

Gavin Newlands

Negatived on division  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.

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Counter-Terrorism and Border Security Bill, continued

(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.””

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

Negatived on division  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.”

remaining proceedings on Consideration

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),

(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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Counter-Terrorism and Border Security Bill, continued

(d)    

leave out sub-paragraph (8).

(4)    

leave out paragraph 9.”

Secretary Sajid Javid

Agreed to  6

Clause  14,  page  15,  line  24,  at end insert—

“(3A)    

But a charge may not be imposed in relation to the holding of a relevant event if

the event is a public procession, or public assembly, held for the purpose of—

(a)    

demonstrating support for, or opposition to, the views or actions of any

person or body of persons,

(b)    

publicising a cause or campaign, or

(c)    

marking or commemorating an event.”

Secretary Sajid Javid

Agreed to  7

Clause  14,  page  15,  line  25,  at end insert—

““public assembly” means an assembly of two or more persons in a public

place which is wholly or partly open to the air;

“public place” means—

(a)    

any highway or, in Scotland, any road within the meaning of the

Roads (Scotland) Act 1984, and

(b)    

any place to which at the material time the public, or any section

of the public, has access (on payment or otherwise) as of right or

by virtue of an express or implied permission;

“public procession” means a procession in a public place;”

Secretary Sajid Javid

Agreed to  19

Clause  23,  page  21,  line  34,  leave out “1 to 5” and insert “1, 2, 3, 4 or 5”

Secretary Sajid Javid

Agreed to  8

Clause  25,  page  23,  line  14,  at end insert—

“( )    

paragraph 18A of Schedule 4 and section 21(1) so far as relating to that

paragraph,”