Session 2017-19
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Other Bills before Parliament


 
 

 

LORDS AMENDMENTS TO THE

Counter-Terrorism and Border Security Bill

[The page and line references are to HL Bill 131, the bill as first printed for the Lords]

Clause 3

1

Page 2, line 41, at end insert “, or

 

(b)    

the person’s action or possession was for the purposes of—

 

(i)    

carrying out work as a journalist, or

 

(ii)    

academic research.”

Clause 4

2

Page 3, line 4, at beginning insert “Subject to subsections (3) and (3A),”

 

3

Page 3, line 17, at end insert—

 

“(3A)    

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

 

or remaining in, a designated area where—

 

(a)    

the person enters, or remains in, a designated area

 

involuntarily, or

 

(b)    

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

 

connection with one or more of the purposes mentioned in

 

subsection (3B).

 

(3B)    

The purposes are—

 

(a)    

providing aid of a humanitarian nature;

 

(b)    

satisfying an obligation to appear before a court or other

 

body exercising judicial power;

 

(c)    

carrying out work for the government of a country other

 

than the United Kingdom (including service in or with the

 

country’s armed forces);

 
 

Bill 317                                                                                                        

57/1 

 

 


 
 

2

 
 

(d)    

carrying out work for the United Nations or an agency of

 

the United Nations;

 

(e)    

carrying out work as a journalist;

 

(f)    

attending the funeral of a relative or visiting a relative who

 

is terminally ill;

 

(g)    

providing care for a relative who is unable to care for

 

themselves without such assistance.

 

(3C)    

But a person does not commit an offence of entering or remaining

 

in a designated area by virtue of subsection (3A)(b) only if—

 

(a)    

the person enters or remains in the area exclusively for or in

 

connection with one or more of the purposes mentioned in

 

subsection (3B), or

 

(b)    

in a case where the person enters or remains in the area for

 

or in connection with any other purpose or purposes (in

 

addition to one or more of the purposes mentioned in

 

subsection (3B)), the other purpose or purposes provide a

 

reasonable excuse for doing so under subsection (2).

 

(3D)    

The Secretary of State may by regulations add a purpose to or

 

remove a purpose from subsection (3B).

 

(3E)    

For the purposes of subsection (3B)—

 

(a)    

the reference to the provision of aid of a humanitarian

 

nature does not include the provision of aid in

 

contravention of internationally recognised principles and

 

standards applicable to the provision of humanitarian aid;

 

(b)    

references to the carrying out of work do not include the

 

carrying out of any act which constitutes an offence in a part

 

of the United Kingdom or would do so if the act occurred in

 

a part of the United Kingdom;

 

(c)    

a person is “terminally ill” at any time if at that time the

 

person suffers from a progressive disease and the person’s

 

death in consequence of that disease can reasonably be

 

expected within 6 months.”

 

4

Page 3, line 24, at end insert—

 

““relative” means spouse or civil partner, brother, sister,

 

ancestor or lineal descendant;”

 

5

Page 4, line 12, at end insert—

 

“(4A)    

Regulations under this section cease to have effect at the end of the

 

period of 3 years beginning with the day on which they are made

 

(unless they cease to have effect at an earlier time as a result of their

 

revocation or by virtue of section 123(6ZA)(b)).

 

(4B)    

Subsection (4A) does not prevent the making of new regulations to

 

the same or similar effect.”

 

 
 

 


 
 

3

6

Page 4, line 15, after “regulations)” insert “—

 

(a)    

in subsection (4), after paragraph (b) insert—

 

“(ba)    

section 58B(7);”;

 

(b)    

in subsection (5), for “or (b)” substitute “, (b) or (ba)”;

 

(c)    

 

7

Page 4, line 21, at end insert—

 

“(6ZAA)    

Regulations laid before Parliament under subsection (6ZA)

 

designating an area outside the United Kingdom must be

 

accompanied by a statement setting out the grounds on which the

 

Secretary of State has determined that the condition for making the

 

regulations referred to in section 58C(2) is met in relation to that

 

area.”

 

8

Page 4, line 30, at end insert—

 

“(6ZD)    

Regulations under section 58C that only revoke previous

 

regulations under that section are subject to annulment in

 

pursuance of a resolution of either House of Parliament.”

Clause 6

9

Page 5, line 11, leave out subsection (1) and insert—

 

“(1)    

Section 17 of the Terrorism Act 2006 (commission of offences abroad) is

 

amended as follows.

 

(1A)    

Subsection (2) is amended in accordance with subsections (2) to (4) below.”

 

10

Page 5, line 16, at end insert—

 

““(cza)    

an offence under section 12(1) or (1A) of that Act (inviting or

 

expressing support for proscribed organisation);”

 

11

Page 5, line 23, at end insert—

 

“( )    

In subsection (3), after “citizen” insert “(subject to subsection (3A))”.

 

( )    

After subsection (3) insert—

 

“(3A)    

Subsection (1) applies in the case of an offence falling within

 

subsection (2)(cza) or (ca) only if at the time of committing the

 

offence the person is a United Kingdom national or a United

 

Kingdom resident.

 

(3B)    

In subsection (3A)—

 

“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,

 
 

 


 
 

4

 
 

(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.””

After Clause 16

12

Insert the following new Clause—

 

“Persons detained under port and border control powers

 

(1)    

Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

 

(2)    

In paragraph 6, after sub-paragraph (3) insert—

 

    “(4)  

A detained person must be informed of the right under this

 

paragraph on first being detained.”

 

(3)    

In paragraph 7, after sub-paragraph (2) insert—

 

    “(3)  

A detained person must be informed of the right under this

 

paragraph on first being detained.”

 

(4)    

In paragraph 9—

 

(a)    

for sub-paragraphs (1) and (2) substitute—

 

    “(1)  

This paragraph applies where a detained person

 

exercises the right under paragraph 7 to consult a

 

solicitor.

 

      (2)  

A police officer of at least the rank of superintendent may

 

direct that the right—

 

(a)    

may not be exercised (or further exercised) by

 

consulting the solicitor who attends for the

 

purpose of the consultation or who would so

 

attend but for the giving of the direction, but

 

(b)    

may instead be exercised by consulting a different

 

solicitor of the detained person’s choosing.

 

    (2A)  

A direction under this paragraph may be given before or

 

after a detained person’s consultation with a solicitor has

 

started (and if given after it has started the right to further

 

consult that solicitor ceases on the giving of the

 

direction).”, and

 

(b)    

omit sub-paragraphs (4) and (5).

 

(5)    

In paragraph 16—

 

(a)    

in sub-paragraph (8), omit “Subject to paragraph 17,”, and

 

(b)    

after sub-paragraph (9) insert—

 

  “(10)  

A detained person must be informed of the rights under

 

sub-paragraphs (1) and (6) on first being detained.”

 
 

 


 
 

5

 
 

(6)    

In paragraph 17—

 

(a)    

for sub-paragraphs (1) and (2) substitute—

 

    “(1)  

This paragraph applies where a detained person

 

exercises the right under paragraph 16(6) to consult a

 

solicitor.

 

      (2)  

A police officer not below the rank of superintendent

 

may, if it appears to the officer to be necessary on one of

 

the grounds mentioned in sub-paragraph (3), direct that

 

the right—

 

(a)    

may not be exercised (or further exercised) by

 

consulting the solicitor who attends for the

 

purpose of the consultation or who would so

 

attend but for the giving of the direction, but

 

(b)    

may instead be exercised by consulting a different

 

solicitor of the detained person’s choosing.

 

    (2A)  

A direction under this paragraph may be given before or

 

after a detained person’s consultation with a solicitor has

 

started (and if given after it has started the right to further

 

consult that solicitor ceases on the giving of the

 

direction).”, and

 

(b)    

in sub-paragraph (3), in the opening words for “(1)” substitute

 

“(2)”.”

Clause 19

13

Page 21, line 25, at end insert—

 

“(8)    

The Secretary of State must, within the period of 6 months

 

beginning with the day on which this Act is passed, make

 

arrangements for an independent review and report on the

 

Government strategy for supporting people vulnerable to being

 

drawn into terrorism.

 

(9)    

The report and any recommendations of the review under

 

subsection (8) must be laid before both Houses of Parliament within

 

the period of 18 months beginning with the day on which this Act

 

is passed.

 

(10)    

The laying of the report and recommendations under subsection (9)

 

must be accompanied by a statement by the Secretary of State

 

responding to each recommendation made as part of the

 

independent review.”

Clause 21

14

Page 22, line 4, leave out from “borders” to end of line 7

Clause 26

 

 


 
 

6

15

Page 25, line 32, after “16” insert “, (Persons detained under port and border control

 

powers)”

Schedule 1

16

Page 28, line 8, at end insert—

 

“(ca)    

the cases in which a person “holds” an account include those

 

where the person is entitled to operate the account;”

Schedule 3

17

Page 39, line 6, after “Kingdom” insert “in a way relevant to the interests of national

 

security”

 

18

Page 43, line 29, at end insert “, other than an article in respect of which an

 

authorisation is granted under paragraph 13A”

 

19

Page 44, line 16, at end insert “so far as those interests are also relevant to the

 

interests of national security”

 

20

Page 45, line 6, after “representations” insert “, before the end of whatever period

 

the Commissioner may specify,”

 

21

Page 45, line 8, at end insert “before the end of that period”

 

22

Page 45, line 15, leave out from “constable” to end of line 21 and insert “, the

 

responsible chief officer,”

 

23

Page 45, line 23, at end insert—

 

    “( )  

In sub-paragraph (3) “responsible chief officer” means—

 

(a)    

in a case where the article was taken in connection with an

 

investigation being conducted by a police force in England and

 

Wales, the chief officer of police of that police force;

 

(b)    

in a case where the article was taken in connection with an

 

investigation being conducted by the Police Service of Scotland,

 

the chief constable of the Police Service of Scotland;

 

(c)    

in a case where the article was taken in connection with an

 

investigation being conducted by the Police Service of Northern

 

Ireland, the Chief Constable of the Police Service of Northern

 

Ireland;

 
 

 


 
 

7

 
 

(d)    

in any other case—

 

(i)    

where the examining officer is a constable of a police force

 

in England and Wales, the chief officer of police of that

 

police force,

 

(ii)    

where the examining officer is a constable of the Police

 

Service of Scotland, the chief constable of the Police

 

Service of Scotland, or

 

(iii)    

where the examining officer is a constable of the Police

 

Service of Northern Ireland, the Chief Constable of the

 

Police Service of Northern Ireland.”

 

24

Page 45, line 35, at end insert—

 

    “( )  

A requirement under this paragraph to invite representations from, or to

 

provide information to, the person from whom an article was taken

 

applies only so far as it is reasonably practicable to do so.”

 

25

Page 45, line 36, at end insert—

 

“13A (1)  

This paragraph applies where—

 

(a)    

an article is retained by virtue of paragraph 11(2)(d) or (e), and

 

(b)    

the examining officer who retained the article considers that the

 

urgency condition is met in relation to the article.

 

      (2)  

The urgency condition is met in relation to an article if—

 

(a)    

there is an urgent need for the article to be examined or otherwise

 

used for the purpose of preventing—

 

(i)    

the carrying out of a hostile act, or

 

(ii)    

death or significant injury,

 

    

or for the purpose of mitigating the risk of any such act, death or

 

injury occurring, and

 

(b)    

the time it would take for the requirements of paragraphs 12 and

 

13 to be complied with in relation to the article would not enable

 

such use to take place with sufficient urgency.

 

      (3)  

The examining officer may apply to a senior officer for authorisation to

 

continue to retain and use the article.

 

      (4)  

An application under sub-paragraph (3) in relation to an article may be

 

made only to a senior officer who has not been directly involved in the

 

exercise of any power under this Part of this Schedule to take the article

 

or to question a person from whom the article was taken.

 

      (5)  

A senior officer may grant an authorisation under this paragraph for the

 

retention and use of the article if satisfied—

 

(a)    

that there are reasonable grounds for considering that the

 

urgency condition is met in relation to the article, and

 

(b)    

in the case of an article that consists of or includes confidential

 

material, that—

 

(i)    

arrangements are in place that are sufficient for ensuring

 

that the material is retained securely, and

 
 

 


 
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Revised 15 January 2019