With this it will be convenient to discuss the following:
New clause 16—Control of new psychoactive substances—
‘(1) Any person supplying, or offering to supply, a synthetic psychoactive substance including but not restricted to—
(a) a powder;
(b) a pill;
(c) a liquid; or
(d) a herbal substance with the appearance of cannabis,
which is likely to be consumed by a person for the purpose of causing intoxication will be subject to a Synthetic Psychoactive Product Order prohibiting its supply.
(2) Any subsequent breach of that Order will be an offence.
(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.
(4) This section does not apply to alcohol, tobacco, or any drug currently scheduled under the Misuse of Drugs Act 1971 or the Medicines Act 1968.’.
New clause 26—Assault on workers in public facing roles—
‘(1) A person, being a member of the public, who assaults a worker—
(a) in the course of that worker’s employment, or
(b) by reason of that worker’s employment, commits an offence.
(2) No offence is committed—
(a) under subsection (1)(a) unless the person who assaults knows or ought to know that the worker is acting in the course of the worker’s employment;
(b) under subsection (1)(b) unless the assault is motivated, in whole or in part, by malice towards the worker by reason of the worker’s employment.
(3) In this section—
“worker” means a person whose employment involves dealing with members of the public, to any extent, but only if that employment involves—
(a) being physically present in the same place and at the same time as one or more members of the public; and
(b) (i) interacting with those members of the public for the purposes of the employment; or (ii) providing a service to either particular members of the public or the public generally.
“employment” in this context means any paid or unpaid work whether under a contract, apprenticeship, or otherwise.
(4) Evidence from a single source is sufficient evidence to establish for the purpose of subsection (1) whether a person is a worker.
(5) A person guilty of an offence under this Act is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding level 5 on the standard scale.’.
New clause 27—Long-term police authorisation requiring independent approval—
‘( ) The Regulation of Investigatory Powers Act 2000 is amended as follows—
(a) after section 32A (Authorisations requiring judicial approval) insert—
“32AA Long-term police authorisations requiring independent approval
(1) This section applies where a relevant person has granted a long-term authorisation under section 29.
(2) The authorisation is not to take effect until such time (if any) as the relevant independent body has made an order approving the grant of the authorisation.
(3) The relevant independent body may give approval under this section to the granting of an authorisation under section 29 if, and only if, the relevant independent body is satisfied that—
(a) at the time of the grant—
(i) there were reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b) are satisfied in relation to that authorisation, and
(ii) the relevant conditions were satisfied in relation to that authorisation, and
(b) at the time when the relevant independent body is considering the matter, there remain reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b) are satisfied in relation to that authorisation.
(4) For the purposes of subsection (3) the relevant conditions in relation to a grant by an individual holding an office, rank or position in a relevant law enforcement agency, that—
(a) the individual was a designated person for the purposes of section 29,
(b) the grant of an authorisation was not in breach of any prohibition imposed by virtue of section 29(7)(a) or any restriction imposed by virtue of section 30(3), and
(c) any other conditions that may be provided for by the Secretary of State were satisfied.
(5) In this section—
“relevant law enforcement authority” means—
(a) a police force in the United Kingdom, and
(b) the National Crime Agency.
“relevant judicial authority” means—
(a) in relation to England and Wales, the High Court of Justice in England and Wales,
(b) in relation to Scotland, the Court of Session, and
(c) in relation to Northern Ireland, the High Court of Justice in Northern Ireland.
“relevant person” means—
(a) an individual holding an office, rank or position in a police force in the United Kingdom, and
(b) an individual holding an office, rank or position in the National Crime Agency.
(6) In this section—
“relevant independent body” must be set out by the Home Secretary in a motion passed by both Houses of Parliament before this Clause is enacted.
“long-term” must be set out by the Home Secretary in a motion passed by both Houses of Parliament before this Clause is enacted.”.’.
New clause 31—Annual review of Schedule 7 to the Terrorism Act—
‘(1) The Independent Reviewer of Terrorism Legislation shall monitor and publish a report to Parliament providing an analysis of the application of Schedule 7 to the Terrorism Act 2000.
(2) The report shall include an assessment of those persons stopped, questioned or detained who have protected characteristics within the meaning of section 4 of the Equality Act 2010 (The protected characteristics).
(3) A Minister of the Crown, must not later than 3 months after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.’.
New clause 32—Sunset provision for Schedule 7 to the Terrorism Act 2000—
‘(1) Schedule 7 to the Terrorism Act 2000 shall be repealed, five years after the commencement of this Act, unless continued in force by an order under subsection (2).
(2) The Secretary of State may by order made by statutory instrument provide—
(a) that those provisions which are in force shall continue in force for a period not exceeding five years from the coming into operation of the order; or
(b) that those provisions which are for the time being in force shall cease to be in force.
(3) No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of both Houses of Parliament.’.
New clause 34—Public order offences committed against constables in private dwellings—
‘(1) In section 4A of the Public Order Act 1986, after subsection (3) there is inserted—
“(4) Subsection 2 and subsection 3(a) do not apply where the person who is harassed, alarmed or distressed is a constable who is present in the dwelling in the execution of his duty.”.
(2) In section 5 of the Public Order Act 1986, after subsection (3) there is inserted—
“(4) Subsection 2 and subsection 3(b) do not apply where the person who is harassed, alarmed or distressed is a constable who is present in the dwelling in the execution of his duty.”.
(3) In section 18 of the Public Order Act 1986, after subsection (2) there is inserted—
“(3) Subsection 2 and subsection (4) do not apply where the person who is harassed, alarmed or distressed is a constable who is present in the dwelling in the execution of his duty.”.’.
Government amendments 51 to 55
Amendment 148, page 98, line 17, in clause 127, leave out lines 17 and 18 and insert
‘Schedule 7 to the Terrorism Act 2000 is repealed.’.
Amendment 150, page 98, line 18, at end add—
‘(2) The Secretary of State shall by order make any amendments to Schedule 7 or 8 to the Terrorism Act 2000 recommended by the Independent Reviewer of Terrorism Legislation to limit the scope of its application.’.
Amendment 136, page 116, line 4, in clause 144, leave out subsection (2).
Government amendments 61, 65, 67, 69, 70, 71, 73, 78, 79 to 81.
Amendment 149, page 146, line 26, leave out schedule 7.
Amendment 151, page 147, line 15, in schedule 7, at end insert—
‘Power to stop, question and detain
1A (1) Schedule 7 to the Terrorism Act 2000 is amended as follows.
(2) Paragraph 2(4) is repealed.
(3) After paragraph 4 there is inserted—
4A An examining officer must ensure that all questioning, beginning at the commencement of the examination, is recorded and retained for as long as is deemed necessary, which must be no less than one year, so that it may be used in any complaints process that may follow.’.
Amendment 179, page 147, line 16, at end insert—
‘Limits on duty to give information and documents
1A In paragraph 5(1) of Schedule 7 to the Terrorism Act 2000, before “A person who is questioned” there is inserted “Subject to paragraph 9A below”.’.
Amendment 178, page 147, line 25, at end insert—
‘(2A) A person questioned under paragraph 2 or 3 may not be detained under paragraph 6 unless the examining officer has reasonable grounds to suspect that he is a person falling within section 40(1)(b).’.
Amendment 180, page 147, line 33, before paragraph 3 insert—
2A In paragraph 8(1) of Schedule 7 to the Terrorism Act 2000, before ‘An examining officer’ there is inserted ‘Subject to paragraph 9A below.’.
Amendment 181, page 148, line 20, at end insert—
3A In paragraph 9(1) of Schedule 7 to the Terrorism Act 2000, before “An examining officer” there is inserted “Subject to paragraph 9A below.”.
3B In Schedule 7 to the Terrorism Act 2000, after paragraph 9 there is inserted—
“Data stored on personal electronic devices
9A (1) For the purposes of this Schedule—
(a) the information or documents which a person can be required to give the examining officer under paragraph 5,
(b) the things which may be searched under paragraph 8, and
(c) the property which may be examined under paragraph 9,
do not include data stored on personal electronic devices unless the person is detained under paragraph 6.
(2) “Personal electronic device” includes a mobile phone, a personal computer and any other portable electronic device on which personal information is stored.”.’.
Amendment 156, page 148, line 38, at end insert—
‘(4) The copy, and information derived from it, may be used for no other purposes than those specified in subparagraph (3).’.
Amendment 182, page 148, line 38, at end insert—
‘Audio and video-recording of interviews
4A In paragraph 3(6) of Schedule 8 to the Terrorism Act 2000, the words “if the interview takes place in a police station” are omitted.’.
Amendment 157, page 148, line 38, at end insert—
‘Right to silence
4A In Schedule 7 to the Terrorism Act 2000, after paragraph 18 there is inserted—
18A Right to silence
Nothing in this Schedule—
(a) imposes a duty on a person to respond to questioning; or
(b) allows inferences to be drawn from their silence.”.’.
Amendment 152, page 148, line 42, at end insert—
‘(2A) In paragraph 6(1) the words “Subject to paragraph 8” are omitted.’.
Amendment 153, page 148, line 43, after ‘7(1)’, insert—
(a) the words “Subject to paragraphs 8 and 9” are omitted;
(b) ’.
Amendment 154, page 148, line 43, at end insert—
‘(3A) Paragraph 8 is omitted.’.
Amendment 155, page 149, line 1, at end insert—
‘(4A) Paragraph 9 is omitted.’.
Amendment 183, page 150, line 2, after ‘officer’ leave out
‘at such intervals as may be specified in, and otherwise in accordance with, the code of practice’
and insert—
‘(2A) The first review shall be carried out as soon as is reasonably practicable after the time of the person’s detention and not more than one hour from that time.
(2B) Subsequent reviews shall be carried out at intervals of not more than 2 hours.’.
Government amendments 84 to 86 and 91.