Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 4 September 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 1 to 14 and NC1

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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 the

 

order in which they relate to the Bill.

 

 


 

Nick Thomas-Symonds

 

NC1

 

Parliamentary Star    

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: 4 September 2018                  

2

 

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.

 

 


 

Secretary Sajid Javid

 

1

 

Parliamentary Star    

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.

 

(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

 

Parliamentary Star    

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

 

Parliamentary Star    

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.


 
 

Notices of Amendments: 4 September 2018                  

3

 

Counter-Terrorism and Border Security Bill, continued

 
 

Secretary Sajid Javid

 

4

 

Parliamentary Star    

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.”

 

Member’s explanatory statement

 

See the explanatory statement for Amendment 2.

 


 

Secretary Sajid Javid

 

5

 

Parliamentary Star    

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

 

6

 

Parliamentary Star    

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.”

 

Member’s explanatory statement

 

Clause 14 inserts a new section 22CA into the Road Traffic Regulation Act 1984 which enables

 

charges to be imposed in connection with traffic regulation orders or notices made or issued in

 

order to protect a relevant event from terrorism risks. This amendment would provide that such

 

charges cannot be imposed in relation to public processions or assemblies held for certain

 

purposes.


 
 

Notices of Amendments: 4 September 2018                  

4

 

Counter-Terrorism and Border Security Bill, continued

 
 

Secretary Sajid Javid

 

7

 

Parliamentary Star    

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;”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 6.

 


 

Nick Thomas-Symonds

 

13

 

Parliamentary Star    

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.””

 


 

Secretary Sajid Javid

 

8

 

Parliamentary Star    

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,”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 11.


 
 

Notices of Amendments: 4 September 2018                  

5

 

Counter-Terrorism and Border Security Bill, continued

 
 

Secretary Sajid Javid

 

9

 

Parliamentary Star    

Clause  25,  page  23,  line  24,  leave out paragraph (d) and insert—

 

“(d)    

paragraphs 17 and 18, 19 to 25 and 26 to 31 of Schedule 4 and section

 

21(1) so far as relating to those paragraphs.”

 

Member’s explanatory statement

 

This amendment is consequential on Amendments 8, 11 and 12.

 


 

Secretary Sajid Javid

 

10

 

Parliamentary Star    

Schedule  3,  page  42,  line  35,  at end insert—

 

    “( )  

Representations under sub-paragraph (1) must be made in writing.”

 

Member’s explanatory statement

 

Paragraph 13 of Schedule 3 to the Bill provides for the making of representations by affected

 

parties about how the powers of the Investigatory Powers Commissioner under paragraph 12 of

 

that Schedule should be exercised. This amendment would require such representations to be made

 

in writing.

 

Nick Thomas-Symonds

 

14

 

Parliamentary Star    

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

 


 

Secretary Sajid Javid

 

11

 

Parliamentary Star    

Schedule  4,  page  73,  line  29,  at end insert—

 

“Legal Aid (Scotland) Act 1986 (c. 47)

 

18A      

In section 8A of the Legal Aid (Scotland) Act 1986 (criminal advice and

 

assistance: automatic availability in certain circumstances), in subsection (2)

 

at the end insert—

 

“(d)    

a person who is detained under section 41 of, or Schedule 7 to,

 

the Terrorism Act 2000, or

 

(e)    

a person who is detained under Part 1 of Schedule 3 to the

 

Counter-Terrorism and Border Security Act 2018.””

 

Member’s explanatory statement

 

Section 8A of the Legal Aid (Scotland) Act 1986 confers power on the Scottish Ministers to provide

 

for legal advice and assistance in relation to criminal matters to be available, without reference

 

to certain financial limits or criteria, to the description of clients listed in that section. This

 

amendment would add to that description persons who are detained in Scotland under Schedule 3

 

to the Bill or under section 41 of, or Schedule 7 to, the Terrorism Act 2000. See also the

 

explanatory statement to Amendment 12.


 
 

Notices of Amendments: 4 September 2018                  

6

 

Counter-Terrorism and Border Security Bill, continued

 
 

Secretary Sajid Javid

 

12

 

Parliamentary Star    

Schedule  4,  page  77,  line  25,  at end insert—

 

“Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions)

 

(Scotland) Regulations 2011 (S.S.I. 2011/217)

 

25A(1)  

In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial

 

Conditions and Contributions) (Scotland) Regulations 2011—

 

(a)    

the words from “to whom” to the end become paragraph (a), and

 

(b)    

at the end of that paragraph insert “, or

 

(b)    

who is detained—

 

(i)    

under section 41 of, or Schedule 7 to, the

 

Terrorism Act 2000, or

 

(ii)    

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 Legal Aid (Scotland)

 

Act 1986 to revoke or amend any provision of the regulations amended by that

 

sub-paragraph.”

 

Member’s explanatory statement

 

This amendment would secure that legal advice and assistance will be available to persons

 

detained in Scotland under Schedule 3 to the Bill, or under section 41 of, or Schedule 7 to, the

 

Terrorism Act 2000, without reference to the financial limits set out in section 8 of the Legal Aid

 

(Scotland) Act 1986. See also the explanatory statement to Amendment 11.

 

 

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.


 
 

Notices of Amendments: 4 September 2018                  

7

 

Counter-Terrorism and Border Security Bill, continued

 
 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 


 

 

Revised 05 September 2018