Counter-Terrorism and Security Bill

Page 17, line 17, leave out “due”

Page 17, line 22, at end insert—

“( )     In exercising the duty under subsection (1), each specified authority shall
have regard to the impact of this Part and of the manner of the exercise on
local communities and on persons who are pupils, students, clients,
patients or otherwise connected with the authority.”

Page 17, line 31, at end insert—

“( )     The general duty under subsection (1) is subject, in England and Wales, to
the duty in section 43(1) of the Education (No. 2) Act 1986 (freedom of
speech in universities, polytechnics and colleges), and in Scotland, to the
need to ensure that freedom of speech within the law is secured in
universities and other further and higher education institutions.”

Page 17, line 33, at end insert—

“( )     In performing the general duty imposed by subsection (1), a university, or
constituent college, school or hall or other institution as defined in section
11(a) and (b) of the Higher Education Act 2004 (qualifying institutions)
shall also have due regard to the maintenance of academic freedom and
freedom of expression within the law.”

Page 18, line 39, at end insert—

“( )     The Secretary of State shall not issue guidance to specified authorities
which are qualifying institutions within the meaning given in section 11 of
the Higher Education Act 2004 (qualifying institutions) until at least one
calendar month after laying a report before both House of Parliament
which includes estimates of the potential direct and indirect impact of
implementation of such guidance with regard to—

(a)   the culture of such authorities, particularly as regards academic
freedom and mutual trust within the same, and

(b)   the cost and bureaucracy arising within the same pursuant to this
Part.”

Page 18, line 43, at end insert—

“( )     Any guidance issued shall recognise the respective duties of specified
authorities in the education sector—

(a)   to secure freedom of speech;

(b)   to promote tolerance and encourage respect for democracy and
support for participation in it;

(c)   to offer a broad and balanced curriculum promoting spiritual,
moral and cultural development.”

Page 19, line 6, at end insert—

“(ba)   qualifying institutions within the meaning given in section 11 of the
Higher Education Act 2004 (qualifying institutions);”

Page 19, line 7, at end insert—

“(4A)    Guidance issued under subsection (1) takes effect on whatever day the
Secretary of State appoints by regulations made by statutory instrument.

(4B)    A statutory instrument containing regulations under this subsection may
not be made unless a draft of the instrument has been laid before each
House of Parliament and approved by a resolution of each House.”

Page 19, line 8, leave out subsection (5) and insert—

“( )     Before giving guidance under this section, or revising guidance already
given, the Secretary of State must lay before Parliament—

(a)   the proposed guidance or proposed revisions, and

(b)   a draft of an order providing for the guidance, or revisions to the
guidance, to come into force.

( )     The Secretary of State must make the order, and issue the guidance or (as
the case may be) make the revisions to the guidance, if the draft of the order
is approved by a resolution of each House of Parliament.

( )     Guidance, or revisions to guidance, come into force in accordance with an
order under this section.

( )     Such an order—

(a)   is to be a statutory instrument, and

(b)   may contain transitional, transitory or saving provision.

( )     Guidance under this section and guidance under section 28 may be issued
as a single document, in which case only a single order is required for both
sets of guidance to come into force.”

Page 19, line 10, leave out “and (3)” and insert “, (3) and (4A)”

Page 19, line 15, at end insert—

“( )     Any guidance issued under this section must comply with section 43 of the
Education Act (No 2) 1986 (freedom of speech in universities, polytechnics
and colleges) and with the need to ensure that freedom of speech is secured
in the equivalent bodies in Scotland.”

Page 19, line 15, at end insert—

“( )     When issuing guidance under this section in relation to universities and
other higher education institutions, the Secretary of State shall have due
regard to the principle of academic freedom and to the matters specified in
section 202(2) of the Education Reform Act 1988 (the university
commissioners).”

Page 19, leave out lines 19 and 20 and insert “—

(a)   inform the authority of any direction he or she is minded to give to
the authority for the purpose of enforcing the performance of that
duty;

(b)   give the authority a reasonable opportunity to make
representations;

(c)   after considering any representations, give a direction.”

Page 19, line 28, at end insert—

“( )     When giving directions under this section to universities and other higher
education institutions, the Secretary of State shall have due regard to the
principle of academic freedom and to the matters specified in section 202(2)
of the Education Reform Act 1988 (the university commissioners).”

Insert the following new Clause—

“Freedom of expression in universities etc

(1)     This section applies to a specified authority if it is the proprietor or
governing body of—

(a)   an institution that provides further education (within the meaning
given by section 2(3) of the Education Act 1996), or

(b)   an institution that provides courses of higher education (within the
meaning given by section 579(1) of that Act).

(2)     When carrying out the duty imposed by section 25(1), a specified authority
to which this section applies must, if subject to the duty imposed by section
43(1) of the Education (No. 2) Act 1986 (freedom of speech in universities
etc), have particular regard to it.

(3)     In relation to specified authorities that are subject to that duty, the
Secretary of State must have particular regard to it—

(a)   when issuing guidance under section 28;

(b)   when considering whether to give directions under section 29.”

Page 21, line 18, leave out “Assembly”

Insert the following new Clause—

“Reviews of operation of Part 1 etc

(1)     The person appointed under section 36(1) of the Terrorism Act 2006 (“the
independent reviewer”) is also responsible for reviewing the operation of
the provisions listed in subsection (2).

(2)     The provisions are—

(a)   Part 1 of the Anti-Terrorism, Crime and Security Act 2001;

(b)   Part 2 of that Act as it applies in cases where a use or threat of the
action referred to in section 4(2) of that Act would constitute
terrorism;

(c)   the Counter-Terrorism Act 2008;

(d)   Part 1 of this Act.

(3)     In each calendar year the independent reviewer must, by 31 January,
inform the Secretary of State and the Treasury what (if any) reviews under
this section the reviewer intends to carry out in that year.

Those reviews must be completed during that year or as soon as reasonably
practicable after the end of it.

(4)     The independent reviewer must send to the Secretary of State a report on
the outcome of each review as soon as reasonably practicable after the
review is completed.

(5)     On receiving a report under subsection (4), the Secretary of State must lay
a copy of it before Parliament.

(6)     The expenses and allowances that may be paid under section 36(6) of the
Terrorism Act 2006 include expenses and allowances in respect of functions
under this section.

(7)     In this section “terrorism” has the same meaning as in the Terrorism Act
2000 (see section 1(1) to (4) of that Act).”

Insert the following new Clause—

“Reviews of operation of other terrorism legislation

(1)     In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—

(a)   in subsection (2), for “carry out a review of those provisions and,”
substitute “carry out—

(b)   in subsection (4), for “subsection (2)” substitute “subsection (2)(a)”;

(c)   after subsection (4B) insert—

(2)     In section 31 of the Terrorist Asset-Freezing etc. Act 2010 (independent
review of operation of Part 1 of that Act), for subsection (2) substitute—

(3)     In section 20 of the Terrorism Prevention and Investigation Measures Act
2011 (reviews of the operation of that Act)—

(a)   for subsections (2) and (3) substitute—

(b)   omit subsections (7) to (9).”

Page 27, line 31, leave out paragraph (b)

Page 27, line 39, leave out subsection (4) and insert—

“( )     Regulations under this section must—

(a)   provide for the Secretary of State to appoint members of the board
after considering any recommendations made by the person
appointed under section 36(1) of the Terrorism Act 2006;

(b)   provide for the board to be chaired by that person and to be subject
to his or her direction and control.”

Page 29, line 22, at end insert—

“( )     A reference to a calendar year in the following subsections does not include
a year before 2016—

(a)   subsection (3) of section (Reviews of operation of Part 1 etc);

(b)   subsection (4C) of section 36 of the Terrorism Act 2006 (inserted by
section (Reviews of operation of other terrorism legislation)(1) above);

(c)   subsection (2) of section 31 of the Terrorist Asset-Freezing etc. Act
2010 (substituted by section (Reviews of operation of other terrorism
legislation)(2) above);

(d)   subsection (2) of section 20 of the Terrorism Prevention and
Investigation Measures Act 2011 (substituted by section (Reviews of
operation of other terrorism legislation)(3) above).”

Page 30, line 13, leave out “section” and insert “sections (Reviews of operation of Part
1 etc) to”