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Other Bills before Parliament

Counter-Terrorism Bill


Counter-Terrorism Bill
Part 1 — Powers to gather and share information

14

 

(a)   

the reference to using material includes allowing a check to be made

against it, or against information derived from it, or disclosing it to any

person;

(b)   

the reference to crime includes any conduct that—

(i)   

constitutes a criminal offence (whether under the law of a part

5

of the United Kingdom or of a country or territory outside the

United Kingdom), or

(ii)   

is, or corresponds to, conduct that, if it took place in the United

Kingdom, would constitute a criminal offence;

(c)   

the references to investigation and prosecution include, respectively,

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the investigation outside the United Kingdom of a crime or suspected

crime and a prosecution brought in respect of a crime in a country or

territory outside the United Kingdom.

(5)   

In this section—

“DNA sample” means any material that has come from a human body

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and consists of or includes human cells;

“DNA profile” means any information derived from a DNA sample;

“fingerprints” means a record (in any form and produced by any method)

of the skin pattern and other physical characteristics or features of a

person’s fingers or either of a person’s palms;

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“law enforcement authority” means a police force, the Serious Organised

Crime Agency or the Commissioners for Her Majesty’s Revenue and

Customs or an authority having functions under the law of a country or

territory outside the United Kingdom—

(a)   

corresponding to those of a police force, or

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(b)   

otherwise involving the investigation or prosecution of

offences;

“police force” means any of the following—

(a)   

the metropolitan police force;

(b)   

a police force maintained under section 2 of the Police Act 1996

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(c. 16) (police forces in England and Wales outside London);

(c)   

the City of London police force;

(d)   

any police force maintained under or by virtue of section 1 of

the Police (Scotland) Act 1967 (c. 77);

(e)   

the Police Service of Northern Ireland;

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(f)   

the Police Service of Northern Ireland Reserve;

(g)   

the Ministry of Defence Police;

(h)   

the Royal Navy Police;

(i)   

the Royal Military Police;

(j)   

the Royal Air Force Police;

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(k)   

the British Transport Police.

(6)   

The following are “the existing statutory restrictions” referred to in subsection

(1)—

(a)   

sections 63A and 64 of the Police and Criminal Evidence Act 1984

(c. 60);

45

(b)   

Articles 63A and 64 of the Police and Criminal Evidence (Northern

Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(c)   

paragraph 14 or 20(3) of Schedule 8 to the Terrorism Act 2000 (c. 11);

(d)   

section 2(2) of the Security Service Act 1989 (c. 5);

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

15

 

(e)   

section 1(2) of the Intelligence Services Act 1994 (c. 13).

Disclosure of information and the intelligence services

19      

Disclosure and the intelligence services

(1)   

A person may disclose information to any of the intelligence services for the

purposes of the exercise by that service of any of its functions.

5

(2)   

Information obtained by any of the intelligence services in connection with the

exercise of any of its functions may be used by that service in connection with

the exercise of any of its other functions.

(3)   

Information obtained by the Security Service for the purposes of any of its

functions may be disclosed by it—

10

(a)   

for the purpose of the proper discharge of its functions,

(b)   

for the purpose of the prevention or detection of serious crime, or

(c)   

for the purpose of any criminal proceedings.

(4)   

Information obtained by the Secret Intelligence Service for the purposes of any

of its functions may be disclosed by it—

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(a)   

for the purpose of the proper discharge of its functions,

(b)   

in the interests of national security,

(c)   

for the purpose of the prevention or detection of serious crime, or

(d)   

for the purpose of any criminal proceedings.

(5)   

Information obtained by GCHQ for the purposes of any of its functions may be

20

disclosed by it—

(a)   

for the purpose of the proper discharge of its functions, or

(b)   

for the purpose of any criminal proceedings.

(6)   

A disclosure under this section does not breach—

(a)   

any obligation of confidence owed by the person making the

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disclosure, or

(b)   

any other restriction on the disclosure of information (however

imposed).

(7)   

The provisions of this section are subject to section 20 (savings and other

supplementary provisions).

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20      

Disclosure and the intelligence services: supplementary provisions

(1)   

The provisions of section 19 (disclosure and use of information) do not affect

the duties with respect to the obtaining or disclosure of information imposed—

(a)   

on the Director-General of the Security Service, by section 2(2) of the

Security Service Act 1989 (c. 5);

35

(b)   

on the Chief of the Intelligence Service, by section 2(2) of the

Intelligence Services Act 1994;

(c)   

on the Director of GCHQ, by section 4(2) of that Act.

(2)   

Nothing in that section authorises a disclosure that—

(a)   

contravenes the Data Protection Act 1998 (c. 29), or

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(b)   

is prohibited by Part 1 of the Regulation of Investigatory Powers Act

2000 (c. 23).

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

16

 

(3)   

The provisions of that section are without prejudice to any rule of law

authorising the obtaining, use or disclosure of information by any of the

intelligence services.

(4)   

Schedule 1 contains amendments consequential on that section.

21      

Disclosure and the intelligence services: interpretation

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(1)   

In sections 19 and 20 “the intelligence services” means the Security Service, the

Secret Intelligence Service and GCHQ.

(2)   

References in section 19 to the functions of those services are—

(a)   

in the case of the Security Service, to the functions specified in section

1(2) to (4) of the Security Service Act 1989 (c. 5);

10

(b)   

in the case of the Secret Intelligence Service, to the functions specified

in section 1(1)(a) and (b) of the Intelligence Services Act 1994 (c. 13),

exercised in accordance with section 1(2) of that Act;

(c)   

in the case of GCHQ—

(i)   

to the functions specified in section 3(1)(a) of that Act, exercised

15

in accordance with section 3(2) of that Act, and

(ii)   

to the functions specified in section 3(1)(b) of that Act.

(3)   

In sections 19, 20 and this section “GCHQ” has the same meaning as in the

Intelligence Services Act 1994 (see section 3(3) of that Act).

(4)   

Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23)

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(meaning of “prevention” and “detection”), so far as it relates to serious crime,

applies for the purposes of section 19 as it applies for the purposes of the

provisions of that Act not contained in Chapter 1 of Part 1.

Part 2

Detention and questioning of terrorist suspects

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Pre-charge detention

22      

Grave exceptional terrorist threat

(1)   

In this Part “grave exceptional terrorist threat” means an event or situation

involving terrorism which causes or threatens—

(a)   

serious loss of human life,

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(b)   

serious damage to human welfare in the United Kingdom, or

(c)   

serious damage to the security of the United Kingdom.

(2)   

For the purposes of subsection (1)(b) an event or situation causes or threatens

damage to human welfare only if it causes or threatens—

(a)   

human illness or injury,

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(b)   

homelessness,

(c)   

damage to property,

(d)   

disruption of a supply of money, food, water, energy or fuel,

(e)   

disruption of a system of communication,

(f)   

disruption of facilities for transport, or

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(g)   

disruption of services relating to health.

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

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(3)   

The event or situation mentioned in subsection (1)—

(a)   

may occur or be inside or outside the United Kingdom, and

(b)   

may consist in planning or preparation for terrorism which if carried

out would meet one or more of the conditions in that subsection.

23      

Power to declare reserve power exercisable

5

(1)   

The Secretary of State may by order declare that the power conferred by Part 4

of Schedule 8 to the Terrorism Act 2000 (c. 11), inserted by Schedule 2 to this

Act, to apply for and extend detention under section 41 of that Act beyond 28

days (“the reserve power”) is exercisable.

(2)   

No such order may be made unless—

10

(a)   

an order is already in force under section 25 of the Terrorism Act 2006

(c. 11) (extension of maximum period of detention to 28 days), and

(b)   

the Secretary of State has received a report complying with the

requirements of section 24 (report of operational need for further

extension of maximum period of detention).

15

(3)   

The effect of an order under this section is that the reserve power is exercisable

in the case of all persons—

(a)   

then detained under section 41 of that Act, or

(b)   

subsequently detained under that section at a time when the order is in

force.

20

24      

Report of operational need for further extension of maximum period of

detention

(1)   

The report required by section 23(2)(b) is a report by—

(a)   

the Director of Public Prosecutions and the chief officer of a police force

in England and Wales,

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(b)   

the Crown Agent and the chief constable of a police force in Scotland, or

(c)   

the Director of Public Prosecutions for Northern Ireland and the Chief

Constable of the Police Service of Northern Ireland,

   

to the following effect.

(2)   

The report must—

30

(a)   

state that each of the persons making the report is satisfied that there

are reasonable grounds for believing that the detention of one or more

persons beyond 28 days will be necessary for one or more of the

purposes mentioned in subsection (3) below, and

(b)   

give details of the grounds for that belief.

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(3)   

The purposes referred to in subsection (2)(a) are—

(a)   

to obtain, whether by questioning or otherwise, evidence that relates to

the commission by the detained person or persons of a serious terrorist

offence,

(b)   

to preserve such evidence, or

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(c)   

pending the result of an examination or analysis of any such evidence

or of anything the examination or analysis of which is to be or is being

carried out with a view to obtaining such evidence.

(4)   

In subsection (3)(a) a “serious terrorist offence” means—

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

18

 

(a)   

an offence under the Terrorism Act 2000 (c. 11) or the Terrorism Act

2006 (c. 11), or

(b)   

any offence that has a terrorist connection,

   

in respect of which an offender who has attained the age of 21 (in England and

Wales, 18) is liable on conviction to a sentence of imprisonment for life.

5

(5)   

The report must also state that each of the persons making the report is

satisfied that the investigation in connection with which the detained person

or persons is or are detained is being conducted diligently and expeditiously.

(6)   

Until the coming into force of section 61 of the Criminal Justice and Court

Services Act 2000 (c. 43) (abolition of sentences of custody for life etc),

10

subsection (4) has effect with the omission of the words “(in England and

Wales, 18)”.

25      

Independent legal advice

(1)   

Before making an order under section 23 the Secretary of State must obtain for

the purposes of sections 26 and 27 independent legal advice as to whether the

15

Secretary of State can properly be satisfied of the matters mentioned in section

27(2).

(2)   

“Independent legal advice” means advice from a lawyer other than a

government lawyer.

(3)   

A “lawyer” means—

20

(a)   

as respects England and Wales, a person who, for the purposes of the

Legal Services Act 2007, is an authorised person in relation to an

activity which constitutes the exercise of a right of audience or the

conduct of litigation (within the meaning of that Act);

(b)   

as respects Scotland, an advocate (whether in practice as such or

25

employed to give legal advice), or a solicitor who holds a practising

certificate;

(c)   

as respects Northern Ireland—

(i)   

a barrister (whether in practice as such or employed to give

legal advice); or

30

(ii)   

a solicitor who holds a practising certificate.

(4)   

Until the commencement of the relevant provisions of the Legal Services Act

2007, the following is substituted for subsection (3)(a)—

“(a)   

as respects England and Wales—

(i)   

a barrister (whether in practice as such or employed to

35

give legal advice);

(ii)   

a solicitor who holds a practising certificate; or

(iii)   

a person other than a barrister or solicitor who is an

authorised advocate or authorised litigator (within the

meaning of the Courts and Legal Services Act 1990);”.

40

(5)   

A “government lawyer” means a lawyer who holds, or has held, an office

(other than judicial office) or employment under the Crown.

(6)   

If an order under section 23 is made the Secretary of State must lay before

Parliament at the same time as the statement required by section 27 a copy of

the advice obtained under this section.

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Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

19

 

(7)   

If it appears to the Secretary of State that the advice contains material whose

disclosure—

(a)   

would be damaging to the public interest, or

(b)   

might prejudice the prosecution of any person,

   

the duty of Secretary of State under subsection (6) is to lay before Parliament a

5

copy of a version of the advice, provided by or agreed with the independent

legal adviser, that does not contain such material.

26      

Notification of chairmen of certain committees

(1)   

The Secretary of State must on making an order under section 23 forthwith

notify—

10

(a)   

the chairman of the Home Affairs Committee of the House of

Commons,

(b)   

the chairman of the Joint Committee on Human Rights, and

(c)   

the chairman of the Intelligence and Security Committee.

(2)   

The Secretary of State must also, as soon as reasonably practicable, provide

15

each of those persons with a copy of—

(a)   

the report received under section 24 (report on operational need for

further extension of maximum period of detention), and

(b)   

the legal advice obtained under section 25 (independent legal advice).

(3)   

The information received under subsection (1) and the documents received

20

under subsection (2) are to be held by the recipients subject to the terms of their

oath as a privy counsellor (or if any recipient is not a privy counsellor, on

corresponding terms).

(4)   

The references in subsection (1) to the Home Affairs Committee of the House

of Commons and the Joint Committee on Human Rights shall—

25

(a)   

if the name of the Committee is changed, be taken (subject to paragraph

(b)) to be references to the Committee by its new name;

(b)   

if the functions of the Committee at the passing of this Act (or functions

substantially corresponding to those functions) become functions of a

different committee, be taken to be references to the committee by

30

whom the functions are for the time being exercisable.

27      

Statement to be laid before Parliament

(1)   

After making an order under section 23 the Secretary of State must lay before

Parliament a statement to the following effect.

(2)   

The statement must state that the Secretary of State is satisfied—

35

(a)   

that a grave exceptional terrorist threat has occurred or is occurring,

(b)   

that the reserve power is needed for the purpose of investigating the

threat and bringing to justice those responsible,

(c)   

that the need for that power is urgent, and

(d)   

that the provision in the order is compatible with Convention rights

40

(within the meaning of section 1 of the Human Rights Act 1998 (c. 42)).

(3)   

The statement may include such other information as to the reasons for the

decision to make the order as appears to the Secretary of State to be

appropriate.

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

20

 

(4)   

The statement must not include—

(a)   

the name of any person then detained under section 41 of the Terrorism

Act 2000 (c. 11), or

(b)   

any material that might prejudice the prosecution of any person.

(5)   

The statement must be laid before Parliament within two days after the day on

5

which the order was made or, if that is not practicable, as soon as is practicable.

28      

Parliamentary scrutiny

(1)   

Where an order under section 23 is made—

(a)   

the Secretary of State must as soon as is reasonably practicable lay the

order before Parliament, and

10

(b)   

the order shall lapse at the end of the period of seven days beginning

with the date of laying unless during that period each House of

Parliament passes a resolution approving it.

(2)   

If the order lapses under this section, the officer having custody of a person

whose detention—

15

(a)   

was authorised by virtue of the reserve power, and

(b)   

is not otherwise authorised by law,

   

must release that person immediately.

(3)   

Nothing in this section—

(a)   

prevents the making of a new order, or

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(b)   

affects anything done by virtue of the order before it lapsed.

29      

Parliamentary scrutiny: prorogation and adjournment

(1)   

If when an order is made under section 23 Parliament stands prorogued to a

day after the end of the period of five days beginning with the date on which

the order is made, Her Majesty shall by proclamation under the Meeting of

25

Parliament Act 1797 (c. 127) require Parliament to meet on a specified day

within that period.

(2)   

If when an order is made under that section the House of Commons stands

adjourned to a day after the end of the period of five days beginning with the

date on which the order is are made, the Speaker of the House of Commons

30

shall arrange for the House to meet on a day during that period.

(3)   

If when an order is made under that section the House of Lords stands

adjourned to a day after the end of the period of five days beginning with the

date on which the order is made, the Speaker of the House of Lords shall

arrange for the House to meet on a day during that period.

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(4)   

In subsections (2) and (3) a reference to the Speaker of the House of Commons

or the Speaker of the House of Lords includes a reference to a person

authorised by Standing Orders of the House of Commons or of the House of

Lords to act in place of the Speaker of the House of Commons or the Speaker

of the House of Lords in respect of the recall of the House during adjournment.

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30      

Duration

(1)   

An order under section 23 lapses at the end of the period of 30 days beginning

with the day on which the order was made.

 
 

 
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