Counter-Terrorism and Security Bill

Gary Streeter Excerpts

Tuesday 16th December 2014 Commons Chamber

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

[The Temporary Chair (Mr Gary Streeter)]

With this it will be convenient to consider the following:

Clause 35 stand part.

Schedule 5 stand part.

[James Brokenshire]

Clauses 34 and 35 address two discrete but important aspects. Clause 34 amends the Terrorism Act 2000, so that an offence is committed if an insurer or reinsurer reimburses a payment that they know, or have reasonable cause to suspect, has been made in response to a terrorist demand. Like other terrorist-financing offences, the measure will have extraterritorial effect. As a result of the measure, we will ensure and put beyond any doubt that UK insurance companies do not form part of a terrorism ransom chain, and that those who make payments to terrorist entities cannot be reimbursed for the payment.

Clause 35 introduces schedule 5, which contains amendments to the power to examine goods at ports contained in schedule 7 to the Terrorism Act 2000, as well as amendments to other enactments relating to that power. Those changes follow on from a number of recommendations that David Anderson, the independent reviewer of terrorism legislation, highlighted in terms of the need for certain clarifications in respect of the specific schedule 7 power. The purpose of these changes is to clarify the legal position in relation to where goods may be examined and the examination of goods that comprise items of post, and to put beyond doubt the basis in law for this vital investigative capability.

--- Later in debate ---

[Diana Johnson]

I beg to move amendment 24, page 22, line 14, leave out subsection (1) and insert—

“(1) The Secretary of State shall by regulations made by statutory instrument establish a body to—

(a) provide advice and assistance to the persons appointed under—

(i) section 36(1) of the Terrorism Act 2006,

(ii) section 31(1) of the Terrorist Asset-Freezing &c. Act 2010, and

(iii) section 20(1) of the Terrorism Prevention and Investigation Measures Act 2011,

in the discharge of their statutory functions;

(b) review the operation, effectiveness and implications of the Anti-Terrorism Crime and Security Act 2001, the CounterTerrorism Act 2008, this Act, and any other law or prerogative power to the extent that it relates to counter-terrorism;

(c) consider whether such legislation contains appropriate safeguards, is proportionate and remains necessary;

(d) review intelligence-sharing guidance and practice to the extent that it relates to counter-terrorism and the functions of the Board;

(e) make recommendations to any public authority about the exercise of its statutory functions relating to the prevention of terrorism;

(f) undertake inquiries relating to counter-terrorism when invited to do so by the Home Secretary, the Treasury or the Secretary of State for Northern Ireland, or on the initiative of the Board;

(g) encourage good practice in the prevention, investigation, detection and prosecution of terrorism.

(h) provide advice and assistance to Government on the development and implementation of policy relating to the prevention of terrorism.”

This expands the remit of the body to match that which is described in the Government‘s Terms of Reference for this body.

[The Temporary Chair (Mr Gary Streeter)]

With this it will be convenient to discuss the following:

Amendment 23, page 22, line 22, leave out “Privacy and Civil Liberties Board” and insert “Counter Terrorism Oversight Panel”.

This would rename the body created by Clause 36.

Amendment 25,  page 22, line 25, at end insert

“in accordance with the Code of Public Appointments”.

Amendment 26,  page 22, line 32, at end insert—

“(i) the information-gathering powers of the board;

(j) reporting requirements, and the formulation of and consultation on an annual work plan;

(k) the access to such relevant classified material as may be required in order for the board to undertake its functions under subsection (1);”

This increases the points that have to be included in regulation brought forward by the Secretary of State to include information gathering powers, formulation of an annual work plan and relevant to classified material.

Amendment 8, page 22, line 32, at end insert—

“(3A) Regulations under section (3) shall include provision requiring the board to undertake an inquiry into the retention of and access to data relating to professions that operate under a duty of confidentiality.”

Amendment 9, page 22, line 34, at end insert—

“(4A) Regulations under section (3) shall provide for the membership of the board to include representatives of professions who operate under a duty of confidentiality.”

Amendment 10, page 23, line 9, at end insert—

““professions who operate under a duty of confidentiality” shall include, but not be limited to, journalists, legal representatives, medical professionals and Members of Parliament.”

Clause 36 stand part.

Clause 37 stand part.

Amendment 18, in clause 38, page 23, line 31, at end insert—

“(4A) The Secretary of State must consult with Welsh Ministers before making provisions under subsection (1) so far as relating to any Measure or Act of the National Assembly of Wales.

(4B) The Secretary of State must consult with Scottish Ministers before making provisions under subsection (1) so far as relating to any Act or instrument of the Scottish Parliament.

(4C) The Secretary of State must consult with the Northern Ireland Executive before making provisions under subsection (1) so far as relating to any Act or instrument of the Northern Ireland Assembly.”

This would ensure that the Secretary of State could not amend legislation from the Scottish Parliament or Welsh Assembly or Northern Ireland Assembly without first consulting with the Scottish or Welsh Governments or the Northern Ireland Executive.

Clauses 38 to 41 stand part.

Government amendment 12.

Clauses 42 and 43 stand part.

New clause 3—Intercept Evidence—use in legal proceedings—

“(1) Section 18 of the Regulation of Investigatory Powers Act 2000 (c.23) is amended as follows.

(2) After paragraph 1(f) insert—

“(g) any proceedings relating to an offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence triable only on indictment (“an indictable-only offence”) under section 51 of the Crime and Disorder Act 1998.””

This new Clause removes the exclusion of intercept evidence from legal proceedings in criminal prosecutions.

New clause 7—Review of Intelligence and Security Committee of Parliament resources and powers—

“The Secretary must, within a reasonable time period, consult the Intelligence and Security Committee of Parliament and lay a report before Parliament within six months of the commencement of this Act, on the resources and powers of the Intelligence and Security Committee of Parliament.”

[Diana Johnson]

This group of amendments relates to the Government’s plans to create a privacy and civil liberties board. Clause 36 does not actually tell us very much—it is an enabling clause—so I have tabled amendments 24 and 25 to allow us to debate what the board will actually do.

As the clause is drafted, we have a name for the board, and there are three possible ways it could go. First, we have an idea of what a privacy and civil liberties board could look like from its name, which invokes the idea of a body with a wide remit of work on privacy and civil liberties issues in the United Kingdom, and which would safeguard human rights. Such a body would be very similar to the Joint Committee on Human Rights, which was created by a Labour Government.

Secondly, the Home Office has published terms of reference, which suggest a body that will support the independent reviewer of terrorism legislation in providing oversight of counter-terrorism legislation in the UK and investigating the operation of that legislation. We think that what is contained in the terms of reference is sensible and would provide both capacity and openness in the oversight of counter-terrorism policy. However, as I have said, clause 36 is quite an empty provision at the moment.

The third possible version of the board is as currently constituted in clause 36, which gives the Home Secretary powers to create—in future, if she wishes to do so—procedures, membership and the work plan for the board and provisions on publishing of reports. All those details are left to future secondary legislation.

If the body is created it is important that it has strong powers. Our amendments 23 to 26 would help achieve that. The post of independent reviewer of terrorism legislation has been around for over 40 years and its current formulation was created by a Labour Government. The post works well, and both holders of it since 2001 have served with real distinction. That does not mean that we are opposed to further strengthening of the oversight arrangements. Earlier this year, the current independent reviewer, David Anderson, QC, identified the limitations of his reviewer role, including the fact that it was restricted to certain statutes and the fact that significant powers, including those in the Counter-Terrorism Act 2008, were excluded and were therefore going unreviewed. He also pointed out that as a part-time reviewer without proper administrative support, he has extremely limited capacity.