UK Parliament / Open data

Counter-Terrorism and Border Security Bill

Lords committee stage first day. Clauses 1 to 3 agreed to. Clause 4 under consideration. Part 1 of 2.

About these Parliamentary proceedings

Reference

793 cc32-66 

Session

2017-19

Legislative stage

Committee stage

Chamber / Committee

House of Lords chamber
Counter-terrorism and Border Security Bill 2017-19. Brought from the Commons
Wednesday, 12 September 2018
Bills
House of Lords
Second legislative scrutiny report: Counter-Terrorism and Border Security Bill. Human Rights Joint Select Committee eleventh report with formal minutes.
Wednesday, 10 October 2018
Parliamentary committees
House of Lords
House of Commons
Delegated Powers and Regulatory Reform Committee thirty-fifth report.
Wednesday, 17 October 2018
Parliamentary committees
House of Lords
Counter-Terrorism and Border Security Bill. Constitution Committee (HL) fourteenth report.
Wednesday, 24 October 2018
Parliamentary committees
House of Lords

Show all related items (8)
Counter-Terrorism and Border Security Bill
Monday, 29 October 2018
Parliamentary proceedings
House of Lords
Deposited Paper DEP2018-1111
Sunday, 11 November 2018
Deposited papers
House of Lords
Deposited Paper DEP2018-1116
Monday, 12 November 2018
Deposited papers
House of Lords
Deposited Paper DEP2018-1115
Monday, 12 November 2018
Deposited papers
House of Lords

Proceeding contributions

Lord Rosser | 793 c1127 (Link to this contribution)

Moved by

Lord Rosser

1: Clause 1, page 1, line 8, after “belief” insert “, as part of...

Lord Rosser | 793 cc1127-8 (Link to this contribution)

My Lords, this Bill creates an offence of expressing an opinion or belief that is supportive of a...


Show all contributions (132)
Baroness D'Souza | 793 c1128 (Link to this contribution)

My Lords. Clause 1 makes a neat distinction between free speech and incitement. New subsection (1...

Baroness Jones of Moulsecoomb | 793 cc1128-1130 (Link to this contribution)

My Lords, I start by making it clear that I am completely opposed to people encouraging the membe...

Lord Carlile of Berriew | 793 cc1130-1 (Link to this contribution)

My Lords, with great respect to the noble Baroness, I think that we have just heard a gross exagg...

Viscount Hailsham | 793 c1131 (Link to this contribution)

I am grateful to the noble Lord for giving way. Does he agree that the test of recklessness is a ...

Lord Carlile of Berriew | 793 c1131 (Link to this contribution)

Of course I agree with that, but in my view, and as I thought I made clear, the test of recklessn...

Lord Thomas of Gresford | 793 c1131 (Link to this contribution)

I rise only to criticise the use of the term “should expect”. It seems to introduce an objective ...

Lord Carlile of Berriew | 793 c1131 (Link to this contribution)

When I referred to the noble Lord as an expert on recklessness I was not making a personal slight...

Baroness D'Souza | 793 c1131 (Link to this contribution)

Does the noble Lord agree that context is still a very important matter? If someone is preaching ...

Lord Carlile of Berriew | 793 cc1131-2 (Link to this contribution)

There may be a philosophical difference between my noble friend and myself: I take what those who...

Baroness Hamwee | 793 c1132 (Link to this contribution)

My Lords, I have various amendments in this group, but I start with a general point: all the amen...

Lord Faulks | 793 c1132 (Link to this contribution)

The noble Baroness has indicated to the House that she speaks, in effect, on behalf of the Joint ...

Baroness Hamwee | 793 c1133 (Link to this contribution)

Indeed they are, my Lords, and that was why I very deliberately mentioned security as well as lib...

Viscount Hailsham | 793 c1133 (Link to this contribution)

Surely “directed at” is really equivalent to “published”, and the world at large is published, to...

Baroness Hamwee | 793 c1134 (Link to this contribution)

My Lords, I asked what it means. The noble Lord, Lord Faulks, has given his view. If it means “pu...

Earl Attlee | 793 c1134 (Link to this contribution)

My Lords, my Amendment 6 is in this group. I am grateful for the support from the Opposition Fron...

Viscount Hailsham | 793 c1134 (Link to this contribution)

Will my noble friend tell the Committee whether he thinks there is a distinction between “for the...

Earl Attlee | 793 c1134 (Link to this contribution)

My Lords, that is a very technical question.

Earl Attlee | 793 c1135 (Link to this contribution)

It might be important, but I do not know the answer.

This exemption is needed because the v...

Lord Davies of Stamford | 793 cc1135-7 (Link to this contribution)

My Lords, I did not take part in the Second Reading debate because I was not able to be at the wi...

Earl Attlee | 793 c1137 (Link to this contribution)

The noble Lord raises an extremely good point about who is a journalist. When I was being briefed...

Lord Davies of Stamford | 793 c34 (Link to this contribution)

I have great affection and respect for the noble Earl, but that is no good at all. The idea of cr...

Viscount Hailsham | 793 c34 (Link to this contribution)

The noble Lord’s anxieties may be further compounded by looking at the terms of the amendment, be...

Lord Davies of Stamford | 793 c34 (Link to this contribution)

The noble Viscount has reinforced my point with greater eloquence than I could have done.

Lord Anderson of Ipswich | 793 cc34-1138 (Link to this contribution)

My Lords, it is an uncomfortable fact that the law as it stands has not been as effective as it m...

Viscount Hailsham | 793 c1138 (Link to this contribution)

My Lords, I shall speak briefly to Amendments 3, 4, 5 and 6. I accept that there may well be a ne...

Viscount Hailsham | 793 c1138 (Link to this contribution)

May I just finish this point? Then of course I will give way to my noble friend. I hope the Gover...

Lord Faulks | 793 c1138 (Link to this contribution)

I understand what my noble friend says about Amendment 5 but I am little puzzled by why suggestin...

Viscount Hailsham | 793 c1138 (Link to this contribution)

I wondered that myself but came to the conclusion, having weighed up the language, that to argue ...

Viscount Hailsham | 793 c1139 (Link to this contribution)

I will give way. On this matter I share the views of the noble Lord, Lord Davies.

4.15 pm

Lord Davies of Stamford | 793 c1139 (Link to this contribution)

I know that the noble Lord will be very familiar with the quotation I was mindful of in what he j...

Viscount Hailsham | 793 c1139 (Link to this contribution)

I shall respond to that intervention and then revert to Amendment 6. I have a lot of sympathy wit...

Viscount Hailsham | 793 c1139 (Link to this contribution)

I will, but I say for the avoidance of doubt that I have the misfortune to be deaf in one ear. Th...

Lord Carlile of Berriew | 793 c1139 (Link to this contribution)

The noble Viscount is fortunate to be deaf in only one ear; I and many others here are rather dea...

Viscount Hailsham | 793 cc1139-1140 (Link to this contribution)

My Lords, the point made by the noble Lords, Lord Anderson and Lord Carlile, is entirely right. A...

Earl Attlee | 793 c1140 (Link to this contribution)

I remind the Committee that we give journalists a privileged position in the Data Protection Act ...

Viscount Hailsham | 793 c1140 (Link to this contribution)

That is true but there are many aspects of the law where it is not true. I look nervously at my n...

Lord Brown of Eaton-under-Heywood | 793 c1140 (Link to this contribution)

Just before the Minister responds, can I add a word, I hope not too tiresomely, on Amendment 5? I...

Lord Harris of Haringey | 793 cc1140-1 (Link to this contribution)

My Lords, I apologise for not having spoken on Second Reading, but I came to this debate on the b...

Lord Hylton | 793 c1142 (Link to this contribution)

I hesitate to join this discussion, but I support the intention behind all the amendments in this...

Earl Attlee | 793 c1142 (Link to this contribution)

My Lords, several noble Lords have opposed Amendment 6, in my name, partially on the grounds that...

Lord Judge | 793 c1142 (Link to this contribution)

I suspect that the discussion about journalism and journalists focuses the Committee’s attention ...

Lord Paddick | 793 cc1142-3 (Link to this contribution)

My Lords, I am reminded of the words of the noble Lord, Lord King of Bridgwater, at Second Readin...

Baroness Williams of Trafford | 793 c1144 (Link to this contribution)

My Lords, I thank all noble Lords for their many and varied points on the amendments and, up fron...

Baroness Jones of Moulsecoomb | 793 c37 (Link to this contribution)

Perhaps I should have asked this question earlier of some of the noble and learned Lords here or ...

Baroness Williams of Trafford | 793 c1145 (Link to this contribution)

I look to the cavalry behind me to answer that as I am not an expert in criminal law, but noble a...

Lord Judge | 793 c1145 (Link to this contribution)

I do not see myself as a horse and therefore I am not the cavalry, but some hate crimes are rathe...

Baroness Williams of Trafford | 793 cc1145-6 (Link to this contribution)

Yes, the noble and learned Lord is quite right. Many of them would be caught, particularly in an ...

Baroness Hamwee | 793 c1146 (Link to this contribution)

The noble Baroness used the word “aimed”. I thought that “directed” may have meant “targeted” as ...

Baroness Williams of Trafford | 793 c1147 (Link to this contribution)

My Lords, we are dealing with many difficult issues here. I thank the noble Baroness. We will, of...

Lord Harris of Haringey | 793 c1147 (Link to this contribution)

The noble Baroness says it is difficult to define. Presumably, the court would then have to inter...

Baroness Williams of Trafford | 793 cc1147-8 (Link to this contribution)

The court might also say that it is evidence, along with other types of evidence, which leads it ...

Lord Carlile of Berriew | 793 c1149 (Link to this contribution)

I apologise for interrupting the Minister. Can she reassure the Committee that the Home Secretary...

Baroness Williams of Trafford | 793 c1149 (Link to this contribution)

The point the noble Lord makes moves us very much into the territory of Amendment 59. However, I ...

Lord Carlile of Berriew | 793 c1149 (Link to this contribution)

It was simply about the deproscription of organisations that basically do not exist any more.

...
Baroness Williams of Trafford | 793 cc38-1150 (Link to this contribution)

I have probably answered that, but I know that we will have a full debate on Amendment 59.

...

Lord Rosser | 793 cc1150-1 (Link to this contribution)

I thank all noble Lords who spoke on this group of amendments. It has been a very wide-ranging de...

Baroness Hamwee | 793 cc1151-39 (Link to this contribution)

Moved by

Baroness Hamwee

7: Clause 2, page 1, line 15, leave out subsections (2) and ...

Baroness Hamwee | 793 cc39-1152 (Link to this contribution)

My Lords, I shall also speak to Amendment 8 in this group. Clause 2 amends Section 13 of the 2000...

Lord Carlile of Berriew | 793 c1152 (Link to this contribution)

My Lords, in my view it is very important that photographs which may have a dramatic effect on th...

Lord Marks of Henley-on-Thames | 793 cc1152-3 (Link to this contribution)

My Lords, my noble friend Lord Thomas of Gresford and I oppose this clause standing part of this ...

Lord Paddick | 793 cc1154-5 (Link to this contribution)

My Lords, I support all the amendments in this group. Amendment 7, in the name of my noble friend...

Lord Kennedy of Southwark | 793 c1155 (Link to this contribution)

My Lords, the amendments in this group seek to provide clarity on the issues in question before t...

Baroness Williams of Trafford | 793 cc1155-7 (Link to this contribution)

My Lords, under Clause 2 it will be an offence to publish an image of an item of clothing or othe...

Lord Paddick | 793 c1157 (Link to this contribution)

Will the Minister address the example I gave at Second Reading and again today of somebody who do...

Baroness Williams of Trafford | 793 c1157 (Link to this contribution)

I was going to explain it in my own words, but I think the notes agree with me. On the innocent s...

Lord Marks of Henley-on-Thames | 793 c42 (Link to this contribution)

I invite the Minister to consider that with her department, particularly in view of her concessio...

Lord Kennedy of Southwark | 793 c42 (Link to this contribution)

Before the Minister responds, perhaps I could clarify that point. She is saying that in the examp...

Baroness Williams of Trafford | 793 cc42-1158 (Link to this contribution)

As the noble Lord has just explained, it is about the whole context in which this happens. In any...

Baroness Hamwee | 793 cc1158-9 (Link to this contribution)

My Lords, I thank the Minister for her response. This is not intended as a criticism, but in intr...

Lord Rosser | 793 c44 (Link to this contribution)

Moved by

Lord Rosser

10: Clause 2, page 2, line 20, at end insert—

“(5) Before ...

Lord Rosser | 793 cc44-1160 (Link to this contribution)

Clause 2(4) confers on the police power to seize clothing or any other article, including flags, ...

Lord Paddick | 793 c1160 (Link to this contribution)

My Lords, briefly, I support the amendment. Judging from the Minister’s non-verbal reaction to it...

Baroness Williams of Trafford | 793 cc44-1161 (Link to this contribution)

My Lords, as the noble Lord, Lord Rosser, has explained, the amendments relate to the new power t...

Baroness Hamwee | 793 c1161 (Link to this contribution)

I was not so much asking as supporting the noble Lord, Lord Carlile, in his earlier suggestion th...

Baroness Williams of Trafford | 793 cc1161-2 (Link to this contribution)

After the debate, I shall go back and check, but those are the ones we have consulted on this asp...

Baroness Williams of Trafford | 793 c1162 (Link to this contribution)

Ignoring what I just said—I am not sure how that happened—I hope that, with the explanation I hav...

Lord Rosser | 793 cc1162-47 (Link to this contribution)

I thank the Minister for her response and thank other noble Lords who participated in this brief ...

Baroness Williams of Trafford | 793 c47 (Link to this contribution)

Generally, the seizure would be with a view to prosecution, yes.

Lord Rosser | 793 c47 (Link to this contribution)

I am grateful to the Minister for that clarification, and in thanking her once again for her resp...

Lord Rosser | 793 c47 (Link to this contribution)

Moved by

Lord Rosser

11: Clause 3, page 2, line 27, after “accesses,” insert “as part...

Lord Rosser | 793 cc47-1163 (Link to this contribution)

Clause 3 provides for a new offence of obtaining or viewing information online of a kind that is ...

Baroness Hamwee | 793 cc1163-4 (Link to this contribution)

My Lords, I have Amendments 12 and 13 in this group. The JCHR accepts that technology has moved o...

Lord Paddick | 793 cc1164-5 (Link to this contribution)

My Lords, I rise to support the amendments in this group. Section 58 of the Terrorism Act 2000 al...

Lord Carlile of Berriew | 793 cc1165-6 (Link to this contribution)

My Lords, I understand that this clause is one of several in the Bill intended to deal with the s...

Earl Howe | 793 cc1166-8 (Link to this contribution)

My Lords, these amendments seek, in various ways, to raise the threshold for the offence of viewi...

Lord Paddick | 793 cc1168-49 (Link to this contribution)

I would like to explain my concerns to the Minister. In order for a police officer to make an arr...

Earl Howe | 793 c49 (Link to this contribution)

My Lords, I bring the noble Lord back to the issue that I flagged—that a judgment needs to be mad...

Lord Rosser | 793 c49 (Link to this contribution)

I once again thank all noble Lords who have participated in this debate and I thank the Minister ...

Lord Kennedy of Southwark | 793 cc1169-50 (Link to this contribution)

Moved by

Lord Kennedy of Southwark

14: Clause 3, page 2, line 37, leave out from “whi...

Lord Kennedy of Southwark | 793 c50 (Link to this contribution)

My Lords, my Amendment 14 is supported by my noble friend Lord Rosser. Clause 3 seeks to create a...

Baroness Hamwee | 793 c1170 (Link to this contribution)

My Lords, as the noble Lord, Lord Kennedy, has said, Amendments 15 and 16 are the same. What cons...

Lord Judge | 793 cc1170-1 (Link to this contribution)

My Lords, I respectfully introduce a note of caution about Amendments 15 and 16. We are dealing w...

Lord Paddick | 793 cc1171-51 (Link to this contribution)

My Lords, I support the amendments in this group, although I have some reservations about all of ...

Earl Howe | 793 cc51-1172 (Link to this contribution)

My Lords, there have been calls both in your Lordships’ House and in the House of Commons to plac...

Baroness Jones of Moulsecoomb | 793 c1173 (Link to this contribution)

I am sorry, but I am driven to say to the Minister that, as an ex-archaeologist, we have a saying...

Earl Howe | 793 c1173 (Link to this contribution)

I expect it does, but I shall need to get my mind around the point.

Of course, the statemen...

Baroness Hamwee | 793 c1174 (Link to this contribution)

My Lords, before the noble Lord responds, I was wondering, as the Minister was speaking, why the ...

Earl Howe | 793 c1174 (Link to this contribution)

My Lords, I recognise the noble Baroness’s point. I understand that that provision went into the ...

Baroness Hamwee | 793 c52 (Link to this contribution)

That is an interesting response and I will have to think about it. I share the concern of the nob...

Lord Kennedy of Southwark | 793 c52 (Link to this contribution)

My Lords, I thank all noble Lords for their contributions to this debate and the noble Earl, Lord...

Lord Anderson of Ipswich | 793 c53 (Link to this contribution)

Moved by

Lord Anderson of Ipswich

17: Clause 4, page 3, leave out lines 9 to 11 and i...

Lord Anderson of Ipswich | 793 cc53-1176 (Link to this contribution)

My Lords, in moving Amendment 17, I shall speak also to consequential Amendment 30. In doing so I...

Countess of Mar | 793 c1176 (Link to this contribution)

I have to tell noble Lords that if Amendment 17 is agreed I cannot call Amendment 18 by reason of...

Baroness Jones of Moulsecoomb | 793 cc1176-8 (Link to this contribution)

My Lords, I speak to my Amendment 19 and support the other amendments in the group. I am aware th...

Earl Attlee | 793 cc1177-9 (Link to this contribution)

My Lords, Amendment 20 in the group is in my name. The Committee has looked already at why journa...

Lord Garnier | 793 cc1179-1180 (Link to this contribution)

My Lords, I briefly return to our discussion to Amendment 17, moved so well by the noble Lord, Lo...

Lord Carlile of Berriew | 793 c1180 (Link to this contribution)

My Lords, I rise to support the amendment moved by my noble friend Lord Anderson of Ipswich. It h...

Lord Faulks | 793 cc1180-1 (Link to this contribution)

My Lords, I accept entirely that it is better, if at all possible, to clarify what constitutes no...

Baroness Hamwee | 793 cc1181-2 (Link to this contribution)

My Lords, I tabled Amendments 21 and 22 in this group. I was not surprised, given the authors, to...

Baroness Manningham-Buller | 793 cc1182-60 (Link to this contribution)

My Lords, I support the amendment in the name of the noble Lord, Lord Anderson. We should be grat...

Lord Judge | 793 c60 (Link to this contribution)

My Lords, it is lovely to be following somebody who has been described as almost infallible, so I...

Lord Judge | 793 cc61-1183 (Link to this contribution)

I am sorry. I shall not go through the various arguments. I put my name to this amendment. It is ...

Lord Rosser | 793 cc1183-4 (Link to this contribution)

We have Amendment 23 in this group, which is very similar, certainly in intent, to that moved by ...

Lord Paddick | 793 c1184 (Link to this contribution)

My Lords, clearly all the amendments in this group have their merits, but we seem to be rallying ...

Lord Faulks | 793 c1184 (Link to this contribution)

Can the noble Lord help the Committee by saying what legislation they would be committing an offe...

Lord Paddick | 793 c1184 (Link to this contribution)

My understanding is that it is an offence to travel to an area to engage as a foreign fighter. I ...

Lord Elystan-Morgan | 793 c63 (Link to this contribution)

Is not the Foreign Enlistment Act 1870 still extant? I think it is.

Lord Faulks | 793 c63 (Link to this contribution)

I am not sure about that, and I am grateful to the noble Lord for assisting. There is, of course,...

Lord Paddick | 793 c63 (Link to this contribution)

I am very grateful to noble Lords for their interventions. At the end of the day, the principle t...

Earl Howe | 793 cc1185-7 (Link to this contribution)

My Lords, Clause 4 provides a new offence of entering or remaining in a designated area overseas....

Lord Anderson of Ipswich | 793 cc1186-8 (Link to this contribution)

My Lords, I am extremely grateful to the Minister for his thorough and courteous response, and in...

Baroness Manzoor | 793 c1188 (Link to this contribution)

My Lords, I beg to move that the House be resumed. In moving this Motion, I suggest that the Comm...

Earl Attlee | 793 c1188 (Link to this contribution)

My Lords, surely we should return at 8.33 pm?

Baroness Manzoor | 793 cc1188-66 (Link to this contribution)

My Lords, it has been decided that the break will be 45 minutes.

House resumed. Committee t...

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