UK Parliament / Open data

Counter-Terrorism and Border Security Bill

Debate on bills on Tuesday, 11 September 2018, in the House of Commons, led by Ben Wallace. The answering member was Nick Thomas-Symonds.
Programme motion (No. 2) agreed to. Report stage. New clause 2 agreed to on division (292 to 47). Clauses 2, 3, 6, 8-10, 14, 23, 25 and Schedules 3 and 4, amendments made. Clause 18, amendment 13 negatived on division (265 to 296). New clause 1 negatived on division (255 to 293). Third reading. Agreed to on division (376 to 10). Bill passed, with amendments.

About these Parliamentary proceedings

Reference

646 cc653-718 

Session

2017-19

Department

Home Office

Legislative stage

Third reading and Report stage

Chamber / Committee

House of Commons chamber
Counter-terrorism and Border Security Bill 2017-19. As amended in Committee.
Tuesday, 10 July 2018
Bills
House of Commons
Deposited Paper DEP2018-1023
Thursday, 4 October 2018
Deposited papers
House of Commons
Deposited Paper DEP2018-1021
Wednesday, 3 October 2018
Deposited papers
House of Commons

Proceeding contributions

Ben Wallace | 646 c655 (Link to this contribution)

I beg to move, That the clause be read a Second time.

John Bercow | 646 c655 (Link to this contribution)

With this it will be convenient to discuss the following:

Government amendments 1 to 5 and ...


Show all contributions (136)
Ben Wallace | 646 cc655-6 (Link to this contribution)

Today is obviously the anniversary of 9/11, a devastating terrorist attack that happened on the s...

Ed Davey | 646 c656 (Link to this contribution)

The Minister said a few moments ago that it will be for the prosecution to show that a person doe...

Ben Wallace | 646 c656 (Link to this contribution)

I disagree with the right hon. Gentleman. If a person produces a reasonable defence, as it would ...

Jim Cunningham | 646 c656 (Link to this contribution)

I do not want to digress too much but, under those circumstances, at which point could a person l...

Ben Wallace | 646 c657 (Link to this contribution)

The decision to deprive a person of their British citizenship would not be affected by this at al...

Keith Vaz | 646 c657 (Link to this contribution)

The Minister is obviously right. We have to deal with the issue of foreign fighters, and the best...

Ben Wallace | 646 c657 (Link to this contribution)

What I can say is that if a British citizen goes to a designated area and commits an offence, it ...

Joanna Cherry | 646 c657 (Link to this contribution)

As the Minister says, we already have quite a lot of offences with extraterritorial jurisdiction,...

Ben Wallace | 646 cc657-8 (Link to this contribution)

We have 400 people in this country who have returned from activity in hotspots, many of whom we b...

Ed Davey | 646 c658 (Link to this contribution)

Can the Minister say where else in British law it is an offence to be located somewhere, rather t...

Ben Wallace | 646 c658 (Link to this contribution)

I would have to speculate; I am not a barrister or lawyer, so I dare not venture down that road. ...

Ed Davey | 646 c658 (Link to this contribution)

Because they have done something wrong.

Ben Wallace | 646 c658 (Link to this contribution)

The question was, is there anywhere else in law where going somewhere becomes the offence? There ...

Lord Walney | 646 c658 (Link to this contribution)

I congratulate the Minister and the Government for—although belatedly—bringing in this power, for...

Ben Wallace | 646 cc658-9 (Link to this contribution)

I am happy to write to the hon. Gentleman with a specific number, if we trawl through the whole l...

William Cash | 646 c659 (Link to this contribution)

My right hon. Friend and I have had quite a lot of discussions on this issue. I have also had dis...

Ben Wallace | 646 c659 (Link to this contribution)

My hon. Friend knows that making people stateless is a hefty measure. From our legal advice, we c...

William Cash | 646 c659 (Link to this contribution)

Will the Minister allow me one further point? I had referred to the international convention, art...

Ben Wallace | 646 c660 (Link to this contribution)

As ever, my hon. Friend makes an articulate and knowledgeable point. My disagreement is that, no ...

Gavin Robinson | 646 c660 (Link to this contribution)

The Minister will know that there are particular issues around flags and their association with p...

Ben Wallace | 646 cc660-1 (Link to this contribution)

I know that throughout the passage of the Bill we spent days with the PSNI. On the point about th...

Joanna Cherry | 646 c661 (Link to this contribution)

I am a little puzzled. The Government have conceded that clause 3, as originally drafted, was imp...

Ben Wallace | 646 c662 (Link to this contribution)

The intention behind the three clicks provision was an ambition to ensure proportionality and pro...

Joanna Cherry | 646 c662 (Link to this contribution)

I am not satisfied with that explanation, because the reasonable excuse defence is only there for...

Ben Wallace | 646 cc662-3 (Link to this contribution)

The hon. Member for Torfaen is absolutely right; it is set out quite clearly in the 2000 Act. The...

Nick Thomas-Symonds | 646 cc663-7 (Link to this contribution)

I am grateful to the Minister for setting out the issue of the designated area offence.

Bef...

John Hayes | 646 c667 (Link to this contribution)

I hear what the hon. Gentleman says about Prevent, and welcome his warm support for its principle...

Nick Thomas-Symonds | 646 c667 (Link to this contribution)

I am grateful to the right hon. Gentleman for his intervention. I know the work that he did in th...

Caroline Johnson | 646 cc667-8 (Link to this contribution)

I will speak about new clause 2 and the context in which it has been brought forward. The first r...

Alex Chalk | 646 c668 (Link to this contribution)

Does my hon. Friend agree that one of the problems facing police and prosecutors when people come...

Caroline Johnson | 646 cc668-9 (Link to this contribution)

I thank my hon. Friend for his intervention. He puts what I was going to say much more eloquently...

Luke Graham | 646 c669 (Link to this contribution)

My hon. Friend is explaining to the House how terrible the attack in Salisbury has been. Does she...

Caroline Johnson | 646 c669 (Link to this contribution)

I agree that it is important in any part of police work that, where appropriate, information is s...

Stephen McPartland | 646 c669 (Link to this contribution)

Does my hon. Friend agree that our constituents would expect us to be able to stop people at the ...

Caroline Johnson | 646 c669 (Link to this contribution)

I thank my hon. Friend for a great intervention. He is right that for many of our constituents, i...

Huw Merriman | 646 c670 (Link to this contribution)

To continue on that theme, does my hon. Friend agree that the security elements of the White Pape...

Caroline Johnson | 646 c670 (Link to this contribution)

I agree. Terrorism is a global threat. It affects us in this country, but, as we remember on 11 S...

Michael Tomlinson | 646 c670 (Link to this contribution)

It was said earlier from a sedentary position, “Well, that’s what the EU is for”. Does my hon. Fr...

Gavin Robinson | 646 c670 (Link to this contribution)

I am happy for the hon. Lady to expand on her point before she gives way—I hope—again.

Caroline Johnson | 646 c670 (Link to this contribution)

The hon. Gentleman looked so keen to get to his feet.

It is absolutely right that we tackle...

Gavin Robinson | 646 c670 (Link to this contribution)

I am grateful to the hon. Lady for continually giving way as it allows us to develop some of the ...

Caroline Johnson | 646 cc670-1 (Link to this contribution)

I thank the hon. Gentleman for his question, although it is one for the Minister, rather than me....

Joanna Cherry | 646 c671 (Link to this contribution)

The hon. Lady is being very generous with taking interventions. She said a moment ago that leavin...

Caroline Johnson | 646 c671 (Link to this contribution)

I disagree with the hon. and learned Lady. Each country has a duty to protect its citizens. She s...

Joanna Cherry | 646 c671 (Link to this contribution)

Can the hon. Lady name any third country that has the same access to information-trading within t...

Caroline Johnson | 646 c671 (Link to this contribution)

I am afraid that—[Interruption.]

John Hayes | 646 c671 (Link to this contribution)

It may be—I do not say this with any acrimony—that the hon. and learned Member for Edinburgh Sout...

Joanna Cherry | 646 c671 (Link to this contribution)

Name a country that has the same access.

Caroline Johnson | 646 c671 (Link to this contribution)

I thank my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) for his int...

Huw Merriman | 646 c671 (Link to this contribution)

There is not a country that has left the EU yet. We are that test case. The reality is that the E...

Caroline Johnson | 646 c672 (Link to this contribution)

Again, I agree profoundly.

The Bill is the result of a thorough review carried out by not j...

Gavin Newlands | 646 cc672-4 (Link to this contribution)

I echo the comments made by both the Minister and the hon. Member for Torfaen (Nick Thomas-Symond...

Ben Wallace | 646 c674 (Link to this contribution)

The hon. Gentleman makes an honest and powerful point about Safaa Boular, whom he met. Terrorists...

Lindsay Hoyle | 646 c674 (Link to this contribution)

Order. Just to help: the Minister will obviously want to come back at the end of the debate, and ...

Ben Wallace | 646 c674 (Link to this contribution)

I apologise, Mr Deputy Speaker.

Gavin Newlands | 646 c674 (Link to this contribution)

Thank you, Mr Deputy Speaker. I fully accept the central point that the Minister is making, but h...

Ed Davey | 646 cc674-5 (Link to this contribution)

Across the House, we share a determination to tackle terrorism. Seventeen years ago today, I was ...

Nick Thomas-Symonds | 646 c675 (Link to this contribution)

There are obviously concerns about new clause 2 that we will have to consider in the other place;...

Ed Davey | 646 cc675-6 (Link to this contribution)

I am just going by what the Minister has tabled today.

David Anderson, the former independe...

Ben Wallace | 646 c676 (Link to this contribution)

The right hon. Gentleman makes the same mistake that the SNP Front-Bench team made. Contrary to n...

Ed Davey | 646 cc676-7 (Link to this contribution)

I am grateful to the Minister for trying to clarify the situation, but I will let others in the H...

Lord Walney | 646 cc677-8 (Link to this contribution)

I rise to speak strongly in favour of new clause 2, not least because I have spent the past nine ...

Bim Afolami | 646 c678 (Link to this contribution)

Will the hon. Gentleman give way?

Lord Walney | 646 c678 (Link to this contribution)

I will in just a moment. I very much hope that this legislation will get on to the statute book, ...

Lord Walney | 646 c678 (Link to this contribution)

I will give way to the hon. and learned Lady, and I hope she will answer to her constituents and ...

Joanna Cherry | 646 c678 (Link to this contribution)

I would just very gently say to the hon. Gentleman that it ill behoves him to question the motive...

Lord Walney | 646 c678 (Link to this contribution)

I cannot see any convincing argument for doing so. If the hon. and learned Lady wanted to make on...

Joanna Cherry | 646 c678 (Link to this contribution)

On a point of order, Sir Lindsay.

Lord Walney | 646 c678 (Link to this contribution)

A point of order? Oh, for goodness’—

Joanna Cherry | 646 c678 (Link to this contribution)

Is it really in order for this hon. Member to impugn my motives and suggest that I want to make t...

Lindsay Hoyle | 646 c679 (Link to this contribution)

I know that would not be the case with the hon. and learned Lady, and I am sure that was not the ...

Lord Walney | 646 c679 (Link to this contribution)

I think what we are hearing today is the real lack of scrutiny that the Scottish National party h...

Lord Walney | 646 c679 (Link to this contribution)

No, I am not giving way. Sit down. Sit down. After that absurd non-point of order, I am not going...

Lord Walney | 646 c679 (Link to this contribution)

I will of course give way to the right hon. Member for Kingston and Surbiton.

Ed Davey | 646 c679 (Link to this contribution)

I am grateful to the hon. Gentleman and he should know that I have a lot of respect for him. Ther...

Lord Walney | 646 cc679-680 (Link to this contribution)

I am of course aware of David Anderson’s views, and I am afraid I simply do not agree with him. W...

Ben Wallace | 646 c680 (Link to this contribution)

I was listening to the hon. Gentleman’s dulcet tones. He articulates the challenge with security....

Joanna Cherry | 646 c680 (Link to this contribution)

I am very grateful to the Minister for the many telephone conversations that we have had during t...

Ben Wallace | 646 cc680-1 (Link to this contribution)

Of course we listen to and respect current and former reviewers of terrorism. Lord Carlile, the f...

Ben Wallace | 646 cc681-2 (Link to this contribution)

I am sorry, but I want to press on, because I want to get to the final point and address Labour’s...

Lindsay Hoyle | 646 c682 (Link to this contribution)

I ask the Serjeant at Arms to investigate a delay in the Aye Lobby.

Lindsay Hoyle | 646 c687 (Link to this contribution)

I ask the Serjeant at Arms to investigate the delay in the No Lobby.

Nick Thomas-Symonds | 646 c687 (Link to this contribution)

I beg to move, That the clause be read a Second time.

John Bercow | 646 cc687-692 (Link to this contribution)

With this it will be convenient to discuss the following:

New clause 3—Access to a solicito...

Nick Thomas-Symonds | 646 c692 (Link to this contribution)

New clause 1 would make our continued participation in the European arrest warrant a negotiating ...

Stephen Doughty | 646 cc692-3 (Link to this contribution)

I completely agree with what my hon. Friend has said, and I support the new clause. Does he share...

Nick Thomas-Symonds | 646 c693 (Link to this contribution)

I entirely agree. The Brexit Secretary’s previous record is of real concern, and it is certainly ...

Kevin Foster | 646 c693 (Link to this contribution)

We are not seeking to send signals this evening; we are seeking to create an Act, and inserting t...

Nick Thomas-Symonds | 646 c694 (Link to this contribution)

With great respect to the hon. Gentleman, his argument seems to be circular. He will not vote for...

Robert Neill | 646 c694 (Link to this contribution)

I have a great deal of respect for the hon. Gentleman, and I understand the substance of where he...

Nick Thomas-Symonds | 646 cc694-5 (Link to this contribution)

As the hon. Gentleman knows, I have a great deal of respect for the work he does as Chair of the ...

Stephen Pound | 646 c695 (Link to this contribution)

I know that the Security Minister needs no reminding of the sensitivity of this matter. Does my h...

Nick Thomas-Symonds | 646 cc695-6 (Link to this contribution)

I am grateful to my hon. Friend for that intervention. He always speaks eloquently when he speaks...

James Heappey | 646 c696 (Link to this contribution)

I am interested in the shadow Minister’s suggestion. Would he have any concerns about whether suf...

Nick Thomas-Symonds | 646 c696 (Link to this contribution)

I am not aware of an area of law where there is currently a shortage of lawyers, but perhaps the ...

Stephen Doughty | 646 cc697-8 (Link to this contribution)

I do not want to detain the House for long, but having served as a member of the Bill Committee I...

Robert Neill | 646 cc698-9 (Link to this contribution)

I promise to keep my remarks short. Two important matters have been raised, and I take on board t...

Gavin Newlands | 646 cc699-701 (Link to this contribution)

It is a great pleasure to follow the irrepressible Chair of the Justice Committee, of which I am ...

Ed Davey | 646 cc701-2 (Link to this contribution)

I rise partly because I have been encouraged by the speech made by the Chair of the Select Commit...

Ben Wallace | 646 cc702-3 (Link to this contribution)

I will start if I may by addressing the amendments in this group. First, let me turn to the Anti-...

Nick Thomas-Symonds | 646 c703 (Link to this contribution)

I accept that point. Indeed, I set it out in my speech. Our concern is specifically in relation t...

Ben Wallace | 646 cc703-4 (Link to this contribution)

I agree. We have had the power regarding the Northern Ireland border, or any other border, since ...

Ed Davey | 646 c704 (Link to this contribution)

May I take the Minister back to the point about spies from other countries and people from other ...

Ben Wallace | 646 c704 (Link to this contribution)

I can clarify briefly. If we had a line of reporting that said, in a certain week, that there was...

Nick Thomas-Symonds | 646 c705 (Link to this contribution)

On the point about consultation with a lawyer, I have offered a very practical solution. Will the...

Ben Wallace | 646 c705 (Link to this contribution)

I know that the hon. Gentleman absolutely means the best in making his recommendation. I certainl...

Tony Lloyd | 646 c705 (Link to this contribution)

There is really no fundamental disagreement on the objective that the Minister is trying to achie...

Ben Wallace | 646 cc705-6 (Link to this contribution)

I am grateful to the hon. Gentleman for the tone of his comments. I am happy to give him as much ...

Stephen Doughty | 646 c706 (Link to this contribution)

If what the Government seek to achieve is no different from new clause 1, the Minister should jus...

Ben Wallace | 646 c706 (Link to this contribution)

I would say to them and to anyone else that the first duty of a Government is security, and it is...

Nick Thomas-Symonds | 646 c706 (Link to this contribution)

I certainly will not be withdrawing my new clause. Continued participation in the European arrest...

Ben Wallace | 646 c706 (Link to this contribution)

I would be interested to know whether the hon. Gentleman could name a single Labour Minister who,...

Nick Thomas-Symonds | 646 cc706-7 (Link to this contribution)

I do not find that explanation convincing in any sense.

Question put, That the clause be re...

Ben Wallace | 646 cc713-4 (Link to this contribution)

I beg to move, That the Bill be now read the Third time.

On 22 May last year, I was woken f...

Neil Coyle | 646 c714 (Link to this contribution)

I am grateful for the approach that the Minister and the Secretary of State have taken, and for t...

Ben Wallace | 646 c714 (Link to this contribution)

The hon. Gentleman made that point in Committee. I was due to meet him last week. Unfortunately, ...

Ben Wallace | 646 c714 (Link to this contribution)

The hon. Gentleman’s points are well made but, with respect to him, I need to draw to a close.

Nick Thomas-Symonds | 646 cc714-5 (Link to this contribution)

The UK national threat level, set by the independent Joint Terrorism Analysis Centre and the secu...

Gavin Newlands | 646 c715 (Link to this contribution)

I would like to echo the thanks expressed by the hon. Member for Torfaen (Nick Thomas-Symonds) to...

Mark Francois | 646 c716 (Link to this contribution)

I do not agree with it, but I want to hear it.

Gavin Newlands | 646 c716 (Link to this contribution)

I appreciate that.

The Minister himself, despite the late tabling of new clause 2, has been...

Ed Davey | 646 cc716-7 (Link to this contribution)

In his opening remarks, the Minister rightly reminded us of the terrorist outrages that have been...

Ben Wallace | 646 c717 (Link to this contribution)

As I said earlier, these are just mirrors of the powers that have been in force since 2000. When ...

Ed Davey | 646 c718 (Link to this contribution)

I am happy to reflect on that. As I said to the Minister in an earlier intervention, as a member ...

Neil Coyle | 646 c718 (Link to this contribution)

I welcome the Government’s attempt to use this Bill to close the terror insurance loophole, with ...

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