Counter-Terrorism and Border Security Bill
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Reference
793 cc32-66 Session
2017-19Legislative stage
Committee stageChamber / Committee
House of Lords chamberRelated items
Wednesday, 12 September 2018
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Wednesday, 10 October 2018
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Wednesday, 17 October 2018
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Wednesday, 24 October 2018
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Monday, 29 October 2018
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House of Lords
Proceeding contributions
Moved by
Lord Rosser
1: Clause 1, page 1, line 8, after “belief” insert “, as part of...
My Lords, this Bill creates an offence of expressing an opinion or belief that is supportive of a...
Show all contributions (132)
My Lords. Clause 1 makes a neat distinction between free speech and incitement. New subsection (1...
My Lords, I start by making it clear that I am completely opposed to people encouraging the membe...
My Lords, with great respect to the noble Baroness, I think that we have just heard a gross exagg...
I am grateful to the noble Lord for giving way. Does he agree that the test of recklessness is a ...
Of course I agree with that, but in my view, and as I thought I made clear, the test of recklessn...
I rise only to criticise the use of the term “should expect”. It seems to introduce an objective ...
When I referred to the noble Lord as an expert on recklessness I was not making a personal slight...
Does the noble Lord agree that context is still a very important matter? If someone is preaching ...
There may be a philosophical difference between my noble friend and myself: I take what those who...
My Lords, I have various amendments in this group, but I start with a general point: all the amen...
The noble Baroness has indicated to the House that she speaks, in effect, on behalf of the Joint ...
Indeed they are, my Lords, and that was why I very deliberately mentioned security as well as lib...
Surely “directed at” is really equivalent to “published”, and the world at large is published, to...
My Lords, I asked what it means. The noble Lord, Lord Faulks, has given his view. If it means “pu...
My Lords, my Amendment 6 is in this group. I am grateful for the support from the Opposition Fron...
Will my noble friend tell the Committee whether he thinks there is a distinction between “for the...
My Lords, that is a very technical question.
It is rather important.
It might be important, but I do not know the answer.
This exemption is needed because the v...
My Lords, I did not take part in the Second Reading debate because I was not able to be at the wi...
The noble Lord raises an extremely good point about who is a journalist. When I was being briefed...
I have great affection and respect for the noble Earl, but that is no good at all. The idea of cr...
The noble Lord’s anxieties may be further compounded by looking at the terms of the amendment, be...
The noble Viscount has reinforced my point with greater eloquence than I could have done.
My Lords, it is an uncomfortable fact that the law as it stands has not been as effective as it m...
My Lords, I shall speak briefly to Amendments 3, 4, 5 and 6. I accept that there may well be a ne...
May I just finish this point? Then of course I will give way to my noble friend. I hope the Gover...
I understand what my noble friend says about Amendment 5 but I am little puzzled by why suggestin...
I wondered that myself but came to the conclusion, having weighed up the language, that to argue ...
I will give way. On this matter I share the views of the noble Lord, Lord Davies.
4.15 pm
I know that the noble Lord will be very familiar with the quotation I was mindful of in what he j...
I shall respond to that intervention and then revert to Amendment 6. I have a lot of sympathy wit...
Will the noble Lord give way?
I will, but I say for the avoidance of doubt that I have the misfortune to be deaf in one ear. Th...
The noble Viscount is fortunate to be deaf in only one ear; I and many others here are rather dea...
My Lords, the point made by the noble Lords, Lord Anderson and Lord Carlile, is entirely right. A...
I remind the Committee that we give journalists a privileged position in the Data Protection Act ...
That is true but there are many aspects of the law where it is not true. I look nervously at my n...
Just before the Minister responds, can I add a word, I hope not too tiresomely, on Amendment 5? I...
My Lords, I apologise for not having spoken on Second Reading, but I came to this debate on the b...
I hesitate to join this discussion, but I support the intention behind all the amendments in this...
My Lords, several noble Lords have opposed Amendment 6, in my name, partially on the grounds that...
I suspect that the discussion about journalism and journalists focuses the Committee’s attention ...
My Lords, I am reminded of the words of the noble Lord, Lord King of Bridgwater, at Second Readin...
My Lords, I thank all noble Lords for their many and varied points on the amendments and, up fron...
Perhaps I should have asked this question earlier of some of the noble and learned Lords here or ...
I look to the cavalry behind me to answer that as I am not an expert in criminal law, but noble a...
I do not see myself as a horse and therefore I am not the cavalry, but some hate crimes are rathe...
Yes, the noble and learned Lord is quite right. Many of them would be caught, particularly in an ...
The noble Baroness used the word “aimed”. I thought that “directed” may have meant “targeted” as ...
My Lords, we are dealing with many difficult issues here. I thank the noble Baroness. We will, of...
The noble Baroness says it is difficult to define. Presumably, the court would then have to inter...
The court might also say that it is evidence, along with other types of evidence, which leads it ...
I apologise for interrupting the Minister. Can she reassure the Committee that the Home Secretary...
The point the noble Lord makes moves us very much into the territory of Amendment 59. However, I ...
It was simply about the deproscription of organisations that basically do not exist any more.
...I have probably answered that, but I know that we will have a full debate on Amendment 59.
...
I thank all noble Lords who spoke on this group of amendments. It has been a very wide-ranging de...
Moved by
Baroness Hamwee
7: Clause 2, page 1, line 15, leave out subsections (2) and ...
My Lords, I shall also speak to Amendment 8 in this group. Clause 2 amends Section 13 of the 2000...
My Lords, in my view it is very important that photographs which may have a dramatic effect on th...
My Lords, my noble friend Lord Thomas of Gresford and I oppose this clause standing part of this ...
My Lords, I support all the amendments in this group. Amendment 7, in the name of my noble friend...
My Lords, the amendments in this group seek to provide clarity on the issues in question before t...
My Lords, under Clause 2 it will be an offence to publish an image of an item of clothing or othe...
Will the Minister address the example I gave at Second Reading and again today of somebody who do...
I was going to explain it in my own words, but I think the notes agree with me. On the innocent s...
I invite the Minister to consider that with her department, particularly in view of her concessio...
Before the Minister responds, perhaps I could clarify that point. She is saying that in the examp...
As the noble Lord has just explained, it is about the whole context in which this happens. In any...
My Lords, I thank the Minister for her response. This is not intended as a criticism, but in intr...
Moved by
Lord Rosser
10: Clause 2, page 2, line 20, at end insert—
“(5) Before ...
Clause 2(4) confers on the police power to seize clothing or any other article, including flags, ...
My Lords, briefly, I support the amendment. Judging from the Minister’s non-verbal reaction to it...
My Lords, as the noble Lord, Lord Rosser, has explained, the amendments relate to the new power t...
I was not so much asking as supporting the noble Lord, Lord Carlile, in his earlier suggestion th...
After the debate, I shall go back and check, but those are the ones we have consulted on this asp...
Ignoring what I just said—I am not sure how that happened—I hope that, with the explanation I hav...
I thank the Minister for her response and thank other noble Lords who participated in this brief ...
Generally, the seizure would be with a view to prosecution, yes.
I am grateful to the Minister for that clarification, and in thanking her once again for her resp...
Moved by
Lord Rosser
11: Clause 3, page 2, line 27, after “accesses,” insert “as part...
Clause 3 provides for a new offence of obtaining or viewing information online of a kind that is ...
My Lords, I have Amendments 12 and 13 in this group. The JCHR accepts that technology has moved o...
My Lords, I rise to support the amendments in this group. Section 58 of the Terrorism Act 2000 al...
My Lords, I understand that this clause is one of several in the Bill intended to deal with the s...
My Lords, these amendments seek, in various ways, to raise the threshold for the offence of viewi...
I would like to explain my concerns to the Minister. In order for a police officer to make an arr...
My Lords, I bring the noble Lord back to the issue that I flagged—that a judgment needs to be mad...
I once again thank all noble Lords who have participated in this debate and I thank the Minister ...
Moved by
Lord Kennedy of Southwark
14: Clause 3, page 2, line 37, leave out from “whi...
My Lords, my Amendment 14 is supported by my noble friend Lord Rosser. Clause 3 seeks to create a...
My Lords, as the noble Lord, Lord Kennedy, has said, Amendments 15 and 16 are the same. What cons...
My Lords, I respectfully introduce a note of caution about Amendments 15 and 16. We are dealing w...
My Lords, I support the amendments in this group, although I have some reservations about all of ...
My Lords, there have been calls both in your Lordships’ House and in the House of Commons to plac...
I am sorry, but I am driven to say to the Minister that, as an ex-archaeologist, we have a saying...
I expect it does, but I shall need to get my mind around the point.
Of course, the statemen...
My Lords, before the noble Lord responds, I was wondering, as the Minister was speaking, why the ...
My Lords, I recognise the noble Baroness’s point. I understand that that provision went into the ...
That is an interesting response and I will have to think about it. I share the concern of the nob...
My Lords, I thank all noble Lords for their contributions to this debate and the noble Earl, Lord...
Moved by
Lord Anderson of Ipswich
17: Clause 4, page 3, leave out lines 9 to 11 and i...
My Lords, in moving Amendment 17, I shall speak also to consequential Amendment 30. In doing so I...
I have to tell noble Lords that if Amendment 17 is agreed I cannot call Amendment 18 by reason of...
My Lords, I speak to my Amendment 19 and support the other amendments in the group. I am aware th...
My Lords, Amendment 20 in the group is in my name. The Committee has looked already at why journa...
My Lords, I briefly return to our discussion to Amendment 17, moved so well by the noble Lord, Lo...
My Lords, I rise to support the amendment moved by my noble friend Lord Anderson of Ipswich. It h...
My Lords, I accept entirely that it is better, if at all possible, to clarify what constitutes no...
My Lords, I tabled Amendments 21 and 22 in this group. I was not surprised, given the authors, to...
My Lords, I support the amendment in the name of the noble Lord, Lord Anderson. We should be grat...
My Lords, it is lovely to be following somebody who has been described as almost infallible, so I...
That was the noble Lord, Lord Anderson.
I am sorry. I shall not go through the various arguments. I put my name to this amendment. It is ...
We have Amendment 23 in this group, which is very similar, certainly in intent, to that moved by ...
My Lords, clearly all the amendments in this group have their merits, but we seem to be rallying ...
Can the noble Lord help the Committee by saying what legislation they would be committing an offe...
My understanding is that it is an offence to travel to an area to engage as a foreign fighter. I ...
Is not the Foreign Enlistment Act 1870 still extant? I think it is.
I am not sure about that, and I am grateful to the noble Lord for assisting. There is, of course,...
I am very grateful to noble Lords for their interventions. At the end of the day, the principle t...
My Lords, Clause 4 provides a new offence of entering or remaining in a designated area overseas....
My Lords, I am extremely grateful to the Minister for his thorough and courteous response, and in...
My Lords, I beg to move that the House be resumed. In moving this Motion, I suggest that the Comm...
My Lords, surely we should return at 8.33 pm?
My Lords, it has been decided that the break will be 45 minutes.
House resumed. Committee t...