Notices of Amendments: 5 September 2018                  

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Counter-Terrorism and Border Security Bill, continued

Secretary Sajid Javid

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,”

Member’s explanatory statement

This amendment is consequential on Amendment 11.

Secretary Sajid Javid

9

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.

Nick Thomas-Symonds

26

Schedule  3,  page  36,  line  7,  at end insert—

“(6A)    

The Investigatory Powers Commissioner (“the Commissioner”) must be

informed when a person is stopped under the provisions of this paragraph.

(6B)    

The Commissioner must make an annual report on the use of powers under this

paragraph.”

Secretary Sajid Javid

10

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

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

Notices of Amendments: 5 September 2018                  

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Counter-Terrorism and Border Security Bill, continued

Secretary Sajid Javid

11

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.

Secretary Sajid Javid

12

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.

Notices of Amendments: 5 September 2018                  

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Counter-Terrorism and Border Security Bill, continued

Secretary Sajid Javid

20

Schedule  4,  page  79,  line  21,  at end insert—

“Criminal Procedure and Investigations Act 1996 (c. 25)

31A      

In section 29 of the Criminal Procedure and Investigations Act 1996 (power to

order preparatory hearing), in subsection (6)(e), after “purposes of terrorism”

insert “, eliciting information about armed forces etc, entering or remaining in

a designated area”.”

Member’s explanatory statement

This amendment is consequential on NC2.

Secretary Sajid Javid

21

Schedule  4,  page  79,  line  22,  at end insert—

“31B      

The Terrorism Act 2000 is amended as follows.”

Member’s explanatory statement

This amendment is consequential on Amendment 23.

Secretary Sajid Javid

22

Schedule  4,  page  79,  line  23,  leave out “of the Terrorism Act 2000”

Member’s explanatory statement

This amendment is consequential on Amendment 21.

Secretary Sajid Javid

23

Schedule  4,  page  79,  line  23,  at end insert—

“32A      

In section 23A (forfeiture: other terrorism offences etc), in the list of

provisions in subsection (2)(a), after the entry relating to section 57, 58 or 58A

insert—

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

32B      

In section 118 (defences), in subsection (5)(a), after “58A,” insert “58B,”.”

Member’s explanatory statement

This amendment is consequential on NC2.

Secretary Sajid Javid

24

Schedule  4,  page  79,  line  29,  at end insert—

“34A      

In section 27 (meaning of “terrorism offence”), in the list of provisions in

subsection (1)(a), after the entry relating to sections 56 to 58A insert—

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

Member’s explanatory statement

This amendment is consequential on NC2.

Secretary Sajid Javid

25

Schedule  4,  page  79,  line  36,  at end insert—

“35A      

In section 41 (offences to which Part 4 applies: terrorism offences), in

subsection (1)(a), in the entry relating to sections 56 to 61, after “purposes of

Notices of Amendments: 5 September 2018                  

11

Counter-Terrorism and Border Security Bill, continued

terrorism” insert “eliciting information about members of armed forces etc,

entering or remaining in a designated area”.”

Member’s explanatory statement

This amendment is consequential on NC2. It clarifies that the offence under the new section 58B

is included among the offences to which Part 4 of the Counter-Terrorism Act 2008 applies (which

provides for notification requirements for persons convicted of terrorism offences).

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.