Second Legislative Scrutiny Report: Counter-Terrorism and Border Security Bill Contents

Annex: Consolidated amendments

References are to HL Bill 131

Amendment 1

To leave out Clause 1 of the Bill

Amendment 2

Page 1, line 10, leave out paragraph (b) and insert–

“(b) in doing so intends to encourage support for a proscribed organisation.”

Amendment 3

Page 1, line 12, at end insert–

“It is not an offence under subsection (1A) to express an opinion that a proscribed organisation should cease to be proscribed”.

Amendment 4

Page 1, line 15, leave out subsections (2) and (3).

Amendment 5

Page 2, line 6, at end insert -

“A person does not commit an offence under subsection (1A) if there is a reasonable excuse for the publication of that image, such as historical research, academic research or family photographs, and where the publication of that image was not intended to support or further the activities of a proscribed organisation”.

Amendment 6

To leave out Clause 3 of the Bill.

Amendment 7

Page 2, line 29, at the end insert–

“and the person intends to commit or encourage acts of terrorism.”

Amendment 8

Page 2, line 29, at the end insert–

“and the person has viewed the material in a way which gives rise to a reasonable suspicion that the person is viewing that material with a view to committing a terrorist act”.

Amendment 9

Page 2, line 41, at end insert–

“(3B) The Secretary of State must issue guidance on what constitutes a reasonable excuse for the purposes of subsection (3)”

Amendment 10

Page 5, leave out lines leave out subsection (3)

Amendment 11

Page 5, line 23, at end insert

(5) After paragraph (3) insert -

“(4) Save that an offence is only committed under paragraph (ca) of subsection (2) where:

(a) the relevant acts were an offence in the country where the acts took place; or

(b) the individual

(i) is a British national; or

(ii) has been present in the United Kingdom for a continuous period of at least six months in the last ten years.”

Amendment 12

Page 5, line 31, leave out subsection (3)

Amendment 13

Page 14, line 36, at end insert–

“() After section 53 (period for which notification requirements apply), insert

53A Review of the necessity and proportionality of notification

(1)A person to whom the notification requirements apply may apply to the chief officer of police for the area in which that person resides, for a determination that the person should no longer continue to be subject to the notification requirements (“an application for review”).

(2)An application for review may be made after a person has been subject to notification requirements for a period of 5 years and every 5 years thereafter, following a determination of the review.

(3)The chief officer of police to whom such an application for review is made shall review the necessity and proportionality of the notification requirements and shall make a decision as to whether that person should continue to be subject to the notification requirements.

(4)Where a determination has been made under subsection (3) that the person should no longer continue to be subject to the notification requirements, then that person is no longer subject to the notification requirements.

(5)Where a determination has been made under subsection (3) that the person should continue to be subject to the notification requirements, the applicant has a full right of appeal to the Special Immigration Appeals Commission within 21 days of the date of decision”

Amendment 14

Page 15, line 16 to 17, leave out “the risks posed by the person to whom the warrant relates” and insert “whether the person to whom the warrant relates is in breach of his or her notification requirements.”

Amendment 15

Page 15, line 25, at end insert–

“() that there are reasonable grounds to believe that the person to whom the warrant relates is in breach of his or her notification requirements,”

Amendment 16

Page 15, line 26, after “necessary” insert “and proportionate”

Amendment 17

Page 29, line 5, leave out paragraph 2

Amendment 18

Page 29, line 29, leave out paragraph (4).

Page 32, line 3, leave out paragraph (4).

Page 33, line 4, leave out paragraph (4).

Page 34, line 33, leave out paragraph (4).

Page 36, line 4, leave out paragraph (4).

Page 37, line 28, leave out paragraph 19.

Amendment 19

Page 21, line 25, at end insert–

“() After section 40 (Indemnification), insert–

‘40A Independent review of preventing people being drawn into terrorism and support for those vulnerable to being drawn into terrorism

(6)The Secretary of State must make arrangements for an independent review of the Government’s Prevent strategy for preventing people from being drawn into terrorism and for supporting those vulnerable to being drawn into terrorism within 6 months of this provision entering into force.

(7)The Secretary of State must report on the findings of the review. This report must be laid before Parliament within 18 months of this provision entering into force.’

Amendment 20

Page 38, line 36, leave out “exercise the powers under this paragraph whether or not there are” and insert “only exercise the powers under this paragraph where there are reasonable”.

Amendment 21

Page 38, line 38, after “activity” insert “and where it is necessary and proportionate to do so”.

Amendment 22

Page 49, line 19. At end insert -

“() The detainee shall be informed of the rights in subparagraph (1) when first detained.”

Amendment 23

Page 49, line 43, leave out paragraph(b)

Amendment 24

Page 50, line 29, leave out paragraph 26.

Amendment 25

Page 53, line 12, at the end, insert:

“() The detainee shall be informed of the rights in sub-paragraph (1) when first detained.”

Amendment 26

Page 54, line 12, leave out paragraph 32

Amendment 27

Leave out Clause 4.

Amendment 28:

Page 3, line 17, at end insert–

“or

(c) the person has been granted authorisation by the Secretary of State to enter or remain in a designated area.

Amendment 29

Page 3, line 18, insert–

“(4) The Secretary of State shall set out in regulations provisions regarding authorisation under section (3)(c) including:

(a) The grounds for applying for an authorisation;

(b) The procedure for applying for an authorisation both by an individual and by an organisation on behalf of individuals;

(c) The timescales for determining an authorisation; and

(d) The rights of appeal against a decision.





Published: 12 October 2018