UK Parliament / Open data

Counter-Terrorism and Border Security Bill

Lords Committee stage second day. Clauses 5 and 7 to 14 agreed. Clause 6, as amended, agreed. Scheduled 1 agreed.

About these Parliamentary proceedings

Reference

793 cc1363-1412 

Session

2017-19

Legislative stage

Committee stage

Procedure

New clauses

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 (5)
Deposited Paper DEP2018-1151
Wednesday, 21 November 2018
Deposited papers
House of Lords

Proceeding contributions

Baroness Hamwee | 793 c1363 (Link to this contribution)

Moved by

Baroness Hamwee

31: Clause 6, page 5, line 16, leave out subsection (3)

Baroness Hamwee | 793 cc1363-5 (Link to this contribution)

My Lords, Amendment 31 is grouped with Amendment 33. Both are amendments to Clause 6, which exten...


Show all contributions (93)
Lord Fowler | 793 c1364 (Link to this contribution)

I should notify the Committee that, if Amendment 31 is agreed to, I cannot call Amendment 32 by r...

Lord Rosser | 793 cc1364-6 (Link to this contribution)

My Lords, as the noble Baroness, Lady Hamwee, said, Amendment 33, to which both my noble friend L...

Lord Carlile of Berriew | 793 c1366 (Link to this contribution)

My Lords, I am somewhat shocked by the implication that there is anything illiberal about the pro...

Lord Paddick | 793 cc1366-7 (Link to this contribution)

My Lords, I support Amendments 31 and 33, which are in the name of my noble friend Lady Hamwee an...

Lord Carlile of Berriew | 793 c1367 (Link to this contribution)

Can the noble Lord identify any individual in Syria who is not aware that supporting ISIS is rega...

Lord Paddick | 793 c1367 (Link to this contribution)

I do not think that I can answer that question, and I do not think that the noble Lord can answer...

Lord Tebbit | 793 c1367 (Link to this contribution)

Sitting here trying to cope with this extremely complex Bill and some very important issues, I fi...

Lord Judge | 793 cc1367-8 (Link to this contribution)

My Lords, before I address Amendment 33 let me go back to the debate on Monday when we were discu...

Earl Howe | 793 cc1368-1370 (Link to this contribution)

My Lords, as we have heard Clause 6 adds a number of further offences to the existing list at Sec...

Baroness Hamwee | 793 cc1369-1371 (Link to this contribution)

My Lords, first, I regret the personal attack on my noble friend.

The debate has assumed th...

Earl Howe | 793 c1371 (Link to this contribution)

Moved by

Earl Howe

32: Clause 6, page 5, line 16, at end insert—

“(cza) an offe...

Earl Howe | 793 c1371 (Link to this contribution)

My Lords, Clause 6 will add a number of further terrorism offences to the list at Section 17 of t...

Baroness Hamwee | 793 c1371 (Link to this contribution)

My Lords, since the Joint Committee on Human Rights is meeting at this moment it has not been pos...

Lord Anderson of Ipswich | 793 c1372 (Link to this contribution)

My Lords, I oppose this amendment and, in doing so, I will seek to explain why the issues are rat...

Lord Rosser | 793 cc1372-3 (Link to this contribution)

I shall be very brief. I await the Government’s response to the points made by the noble Lord, Lo...

Earl Howe | 793 c1373 (Link to this contribution)

My Lords, I am grateful to noble Lords who have responded to this proposed amendment. We are very...

Lord Faulks | 793 cc1373-4 (Link to this contribution)

Moved by

Lord Faulks

34: After Clause 6, insert the following new Clause—

“Trea...

Lord Faulks | 793 cc1374-6 (Link to this contribution)

My Lords, this amendment in my name and those of my noble friends Lord Hodgson and Lord Bethell i...

Lord Thomas of Gresford | 793 c1376 (Link to this contribution)

Could the noble Lord help me? Is he saying that his amendment covers an attack on British forces ...

Lord Faulks | 793 cc1376-7 (Link to this contribution)

It does not, which is why I was expressing regret at the final form of the amendment. If we are t...

Lord Hodgson of Astley Abbotts | 793 cc1377-9 (Link to this contribution)

My Lords, I have added my name to Amendment 34. I begin by apologising to the Committee for not h...

Lord Bethell | 793 cc1379-1380 (Link to this contribution)

My Lords, I too thank my noble friend Lord Faulks for moving this amendment. I also thank my nobl...

Earl Attlee | 793 c1380 (Link to this contribution)

My Lords, I too support the amendment. When I read it, I was surprised that it did not include th...

Lord Kennedy of Southwark | 793 c1380 (Link to this contribution)

My Lords, Amendment 34, moved by the noble Lord, Lord Faulks, was the subject of some debate at S...

Lord Elystan-Morgan | 793 c1380 (Link to this contribution)

My Lords, on the prosecution of William Joyce, I do not believe that any reliance at all was plac...

Lord Kennedy of Southwark | 793 cc1380-1 (Link to this contribution)

I bow to the noble Lord’s greater knowledge on the matter and would not attempt to dispute his po...

Baroness Williams of Trafford | 793 c1381 (Link to this contribution)

My Lords, I thank all noble Lords who have spoken in the debate and my noble friend Lord Faulks f...

Lord Thomas of Gresford | 793 c1381 (Link to this contribution)

He was an American who took a German passport in 1940 but was nevertheless convicted when he was ...

Baroness Williams of Trafford | 793 c1381 (Link to this contribution)

That is a very interesting history. I know that many Americans claim to be Irish but it is not ev...

Lord Judge | 793 c1381 (Link to this contribution)

Perhaps I may ask a serious question. If we are debating an Act that was enacted in 1351, which h...

Baroness Williams of Trafford | 793 cc1381-2 (Link to this contribution)

If the noble and learned Lord will indulge me, I will come on to the point about hostile state ac...

Earl Attlee | 793 c1382 (Link to this contribution)

My Lords, I am sure that the Committee is grateful to my noble friend the Minister for her compre...

Baroness Williams of Trafford | 793 c1382 (Link to this contribution)

As I said, it most certainly can be viewed as an aggravating factor when sentencing is taking pla...

Lord Faulks | 793 c1383 (Link to this contribution)

My Lords, I am grateful to all noble Lords who participated in the debate, including those who pu...

Baroness Hamwee | 793 c1384 (Link to this contribution)

Moved by

Baroness Hamwee

35: Clause 7, page 5, line 31, leave out subsection (3)

Baroness Hamwee | 793 c1384 (Link to this contribution)

My Lords, Amendment 35 takes us to the sentencing provisions in the Bill. My noble friends will r...

Lord Marks of Henley-on-Thames | 793 cc1384-7 (Link to this contribution)

My Lords, this group also includes the question as to whether Clause 7 should stand part of the B...

Lord Anderson of Ipswich | 793 c1387 (Link to this contribution)

My Lords, Ministers will know that the equivalent sentences in other European countries for the t...

Lord Rosser | 793 cc1387-8 (Link to this contribution)

This amendment, moved by the noble Lady Baroness, Lady Hamwee, and to which my name and that of m...

Earl Howe | 793 cc1388-1391 (Link to this contribution)

My Lords, Clause 7 increases the maximum sentences for a number of terrorism offences to ensure t...

Lord Davies of Stamford | 793 cc1390-2 (Link to this contribution)

I think that the noble Earl would carry the whole House in saying that terrorism has become a gre...

Earl Howe | 793 c1392 (Link to this contribution)

I am sorry that the noble Lord did not take one of the central points that I was trying to convey...

Lord Davies of Stamford | 793 c1392 (Link to this contribution)

I did not ask the noble Earl to repeat what he has said to the House before. The question I asked...

Earl Howe | 793 c1392 (Link to this contribution)

There is always a judgment to be made. Once one has reached the conclusion that I have just artic...

Lord Thomas of Gresford | 793 c1392 (Link to this contribution)

The guidelines which came into effect on 27 April this year, a few months ago, were arrived at fo...

Earl Howe | 793 cc1392-3 (Link to this contribution)

My Lords, it may be helpful to the noble Lord and the Committee if quote part of a press release ...

Lord Thomas of Gresford | 793 c1393 (Link to this contribution)

The March press statement was an explanation of the guidelines which were to come into effect on ...

Earl Howe | 793 c1393 (Link to this contribution)

My Lords, the Sentencing Council’s new guidelines for terrorism offences came into force, as the ...

Lord Rosser | 793 c1393 (Link to this contribution)

Unless I am getting confused, which is quite possible, as I understand it the Security Minister, ...

Earl Howe | 793 c1393 (Link to this contribution)

That is exactly the position. I sense no resistance from the Sentencing Council to that approach ...

Lord Thomas of Gresford | 793 c1394 (Link to this contribution)

It follows from that that the review was prior to the Sentencing Council coming to its decision i...

Earl Howe | 793 c1394 (Link to this contribution)

My Lords, what I had better do is take advice on the timelines that were involved in all this and...

Lord Marks of Henley-on-Thames | 793 c1394 (Link to this contribution)

I am sorry to keep the Minister on his feet for longer than I am sure he wants. I ask that when t...

Earl Howe | 793 c1394 (Link to this contribution)

My understanding is that the consultation that took place was a wide one, but I can clarify that ...

Lord Davies of Stamford | 793 c1394 (Link to this contribution)

The Minister has been very helpful to the Committee, but would it not solve an awful lot of probl...

Earl Howe | 793 c1394 (Link to this contribution)

I am happy to take that request away with me and investigate whether it is possible.

Baroness Hamwee | 793 cc1394-5 (Link to this contribution)

My Lords, I too had written down not just “timelines” but “evidence to the review”. I do not thin...

Lord Marks of Henley-on-Thames | 793 cc1395-6 (Link to this contribution)

My Lords, I was not proposing to speak to Clause 8 but I do propose to speak to Clauses 9, 10 and...

Lord Carlile of Berriew | 793 c1396 (Link to this contribution)

My Lords, although I remain largely agnostic on the increase of maximum sentences which was discu...

Lord Marks of Henley-on-Thames | 793 c1397 (Link to this contribution)

I was not suggesting that we were looking for a public statement by judges that in particular cas...

Lord Carlile of Berriew | 793 c1397 (Link to this contribution)

In fact, the Government have a working relationship with the senior judiciary, which is often con...

Earl Howe | 793 cc1397-1400 (Link to this contribution)

My Lords, Clause 9 amends provisions in the Criminal Justice Act 2003, which, among other things,...

Lord Paddick | 793 c1400 (Link to this contribution)

Moved by

Lord Paddick

36: Clause 12, page 13, line 27, at end insert—

“( ) For ...

Lord Paddick | 793 cc1400-1 (Link to this contribution)

My Lords, Amendment 36 is in my name and that of my noble friend Lord Marks of Henley-on-Thames, ...

Lord Kennedy of Southwark | 793 cc1401-2 (Link to this contribution)

My Lords, Clause 12, as we have heard, is concerned with the notification requirements in the Cou...

Baroness Williams of Trafford | 793 cc1402-3 (Link to this contribution)

I thank both noble Lords for their contributions to the debate, and thank the noble Lord, Lord Pa...

Lord Paddick | 793 c1403 (Link to this contribution)

I am very grateful to the noble Lord, Lord Kennedy of Southwark, for his support, and for the com...

Lord Pannick | 793 c1403 (Link to this contribution)

I suggest to the noble Lord that the provision in the Bill is concerned with “a right to use”, wh...

Lord Paddick | 793 c1403 (Link to this contribution)

I am very grateful to the noble Lord. I am not sure whether the point I am about to make is contr...

Baroness Hamwee | 793 cc1403-4 (Link to this contribution)

Moved by

Baroness Hamwee

37: Clause 12, page 14, line 36, at end insert—

“( ) A...

Baroness Hamwee | 793 cc1404-5 (Link to this contribution)

My Lords, as we have heard, registered terrorist offenders, after release, have to notify the pol...

Lord Paddick | 793 c1405 (Link to this contribution)

My Lords, as I have added my name to this amendment, I should like to say briefly that we support...

Lord Rosser | 793 c1405 (Link to this contribution)

My Lords, I shall be very brief. My name and that of my noble friend Lord Kennedy are also attach...

Baroness Williams of Trafford | 793 cc1405-6 (Link to this contribution)

My Lords, as noble Lords have said, Clause 12 strengthens the notification requirements under the...

Lord Marlesford | 793 c1406 (Link to this contribution)

My Lords, just before the noble Baroness responds, does my noble friend feel that perhaps both po...

Baroness Williams of Trafford | 793 c1406 (Link to this contribution)

I think that my noble friend in fact agrees with my point, if I am not mistaken.

Lord Paddick | 793 c1406 (Link to this contribution)

Can the Minister just confirm that, even for those terrorism offences that might be considered mo...

Baroness Williams of Trafford | 793 c1407 (Link to this contribution)

I have to say that there is always a chance of rehabilitation, given the deradicalisation program...

Baroness Hamwee | 793 c1407 (Link to this contribution)

My Lords, the element of risk to which I was in fact addressing my remarks was the risk to the Go...

Baroness Hamwee | 793 c1407 (Link to this contribution)

Moved by

Baroness Hamwee

39: Clause 13, page 15, line 16, leave out from “assessing” ...

Baroness Hamwee | 793 cc1407-8 (Link to this contribution)

My Lords, I will speak also to Amendments 40 and 41. Clause 13 inserts a new power of entry and t...

Lord Anderson of Ipswich | 793 c1408 (Link to this contribution)

My Lords, Clause 13 provides for a search power that Professor Clive Walker—who is, without much ...

Lord Carlile of Berriew | 793 c1409 (Link to this contribution)

My Lords, I will say just a few words on this. I agree with what my noble friend Lord Anderson sa...

Baroness Kennedy of the Shaws | 793 c1409 (Link to this contribution)

My Lords, I too support the noble Lord, Lord Anderson, in what he said about the wide nature of w...

Lord Judd | 793 c1409 (Link to this contribution)

My Lords, like the previous amendment, Amendment 39 comes close to the overriding, overarching is...

Lord Paddick | 793 c1409 (Link to this contribution)

My Lords, I support the amendments in this group. I have added my name to Amendments 39 and 41 bu...

Lord Pannick | 793 c1409 (Link to this contribution)

My Lords, perhaps I may add my name to the long list of noble Lords concerned about the width of ...

Lord Rosser | 793 c1409 (Link to this contribution)

My name and that of my noble friend Lord Kennedy of Southwark are attached to these three amendme...

Baroness Williams of Trafford | 793 cc1410-2 (Link to this contribution)

I thank all noble Lords who have spoken. On the comments of the noble Lord, Lord Carlile, about r...

Baroness Hamwee | 793 c1412 (Link to this contribution)

My Lords, the Government were asked to reflect. I will reflect but I suspect that when I read the...

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