Counter-Terrorism and Security Bill

David Amess Excerpts

Tuesday 9th December 2014 Commons Chamber

[Diana Johnson]

I thank the Minister for going through all the questions that I posed. On the basis of what he has said, I happily beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 17 ordered to stand part of the Bill.



Clause 18

Authority-to-carry schemes

Question proposed, That the clause stand part of the Bill.

[The Temporary Chair (Mr David Amess)]

With this it will be convenient to discuss the following:

Clauses 19 and 20 stand part.

That schedule 2 be the Second schedule to the Bill.

[James Brokenshire]

Part 4 and schedule 2 deal with aviation, maritime and rail security. For the benefit of the Committee, I will go through each of the provisions, listen to right hon. and hon. Members’ contributions and then respond to their questions. I welcome the right hon. Member for Delyn (Mr Hanson) to the Opposition Front Bench. He has taken a close interest in these issues.

Clause 18 provides a new legal basis for the operation of authority-to-carry schemes, which are commonly known as no-fly schemes. We have a scheme in place that relates to passengers being carried to the UK. The clause makes provision for a broader scheme that relates to individuals who are arriving or are expected to arrive in the UK, and individuals who are leaving or are expected to leave the UK.

Authority to carry is necessary to prevent the entry or return to the UK of foreign nationals who pose a terrorism-related threat and to mitigate the threat of an attack, primarily on aircraft. It is also necessary to disrupt the return to the UK, and prevent the departure from the UK, of British nationals who are subject to legal restrictions on their travel. Under the clause, any scheme must set out the carriers to which it applies and the classes of individuals a carrier may be refused authority to carry to or from the UK. Classes of individuals may be specified in a scheme only if it is necessary in the public interest. When travelling to the UK, that could include persons who are excluded or have been deported from the UK, individuals whose presence in the UK would not be conducive to the public good, and those who would otherwise be inadmissible to the UK. It may also include individuals subject to a temporary exclusion order under clause 2.

When travelling from the UK, carriers might be directed not to carry individuals subject to a TPIM or a post-custodial licence preventing travel following a conviction for a terrorism-related offence. The scheme may also include individuals who have had their passport cancelled or not issued on public interest grounds, or seized under powers in schedule 1. Any scheme must set out the process for carriers to request authority to carry, and state how that authority is granted or refused. That may include requirements for carriers to provide passenger information by a certain time before departure, or for carriers to be able to receive information that grants or refuses authority to carry in a way compatible with the Government’s border system.

We will work with carriers to resolve any compliance issues, but if a carrier fails to comply, clause 19 provides regulations to impose a civil penalty on those who breach a scheme. The new regulations set out how a penalty will be calculated, imposed and enforced, and must provide a means for carriers to object to a proposed penalty. The regulations are subject to the affirmative procedure, and the authority-to-carry scheme to which the regulations refer must be laid in Parliament at the same time.

Clause 20 makes provision for schedule 2 to the Bill. Part 1 of schedule 2 amends passenger, crew and service information relating to aircraft and ships, and may be extended to international trains through secondary legislation. Paragraphs 1(2) and 1(3) mean that a carrier may be required to be able to receive communications about information that it has provided to the border authorities in a way compatible with the Government’s border system. That might be a simple receipt, or an alert about errors in the format of the information.

Paragraphs 1(4) and 1(7) of schedule 2 allow the regulations to introduce requirements for advance information about persons on flights or voyages to and from the UK that do not operate to a published schedule—collectively referred to as “general aviation” and “general maritime.” The regulations will set out the classes of ships or aircraft to which they apply, the information required, the time by which it must be supplied, and how it is to be supplied. That will allow a much clearer picture of incoming and outgoing traffic and the identification of aircraft and ships that require close attention from the border authorities. Those paragraphs also provide for regulations to impose a civil penalty for a failure to comply with new requirements to provide information. The regulations may set out how a penalty will be calculated, administered and enforced, and make provision for an appeal.