Counter-Terrorism and Security Bill
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Tuesday, 20 January 2015
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Moved by
Lord Bates
1: Clause 1, page 1, line 8, at end insert—
“( ) In Schedul...
My Lords, the Government have tabled this amendment to provide that civil legal aid may be made a...
Show all contributions (149)
My Lords, as the Minister has said, the amendment provides for legal aid for proceedings before a...
My Lords, I too am glad that the Government have addressed the matter of legal aid. There was cle...
My Lords, I shall try to deal with the point raised by the noble Lord, Lord Rosser, although I ac...
Moved by
Lord Rosser
2: Clause 1, page 1, line 8, at end insert—
“( ) This sect...
My Lords, Amendments 2 and 55 provide for the new powers in the Bill to seize travel documents, i...
My Lords, I strongly support Amendments 2, 3 and 4. The measures contained in the Bill are of fun...
My Lords, on Amendment 2, can the noble Lord opposite explain whether there is any particular rea...
My Lords, I, too, would like to understand from the shadow Minister opposite why a period of two ...
My Lords, I do not understand the two-year period contained in these amendments. The issue which ...
My Lords, I will not comment on the independent reviewer because, as I understand it, we are not ...
My Lords, at Second Reading of this Bill I asked the Minister whether the Government had given an...
My Lords, I wonder whether my noble friend could help me because I have missed this somewhere els...
My Lords, I would like to support the words of my two noble friends who have recently spoken. We ...
My Lords, perhaps I may start by seeking the leave of the Committee to speak. I did not speak at ...
My Lords, I agree that we should not give away our freedoms in response to terrorism. However, I ...
My Lords, I will add briefly to the point made by the noble Lord, Lord Pannick. It relates to Ame...
My Lords, it is worth reminding ourselves of the speed of change in the world that has led to thi...
My Lords, I strongly support the inclusion of a sunset clause, for the very good reasons that hav...
My Lords, while I agree with noble Lords who have argued that two years would otherwise be too lo...
I think that has to be done by the end of this year—which I believe is too short.
Can the Minister also tell us now, or at a later stage, whether sunset clauses were imposed by th...
My Lords, we have had a very good, short debate on this, with a lot of contributions that in many...
Does the Minister not accept that there is a difference between the judicial oversight, on which ...
I see the distinction between the issues—as did the other place and the Constitution Committee. B...
I thank all noble Lords who have taken part in this debate. I have not been sitting here counting...
Moved by
Lord Rosser
3: Clause 1, page 1, line 8, at end insert—
“( ) The Secre...
As mentioned in the debate on the previous amendment, the group of amendments to which Amendment ...
My noble friend Lord Carlile has already referred to the fact that the independent reviewer can, ...
My Lords, I agree with the noble Baroness, Lady Hamwee: these amendments raise a very important s...
My Lords, I spoke earlier and will not repeat what I said. Listening to this debate, I agree enti...
My Lords, I will add to what my noble friend Lord Carlile said. Speaking as a member of the Joint...
My Lords, I agree with my noble friends and the noble Lord, Lord Pannick, on the need for both br...
My Lords, I am grateful to the noble Lord for tabling these amendments, which cover issues concer...
Once again, I thank all noble Lords who have taken part in this debate. I hope that if I have mis...
The noble Lord has understood it correctly. We will discuss these matters further in Part 7. I al...
I thank the Minister for that clarification. Obviously, I am very grateful to him for his comment...
Moved by
Baroness Hamwee
5: Schedule 1, page 26, line 24, leave out from “issued” to ...
This is a probing amendment, picking up a point which I raised at Second Reading. The passport wh...
My Lords, we have Amendment 16 in this group. Paragraph 4 of Schedule 1 deals with authorisation ...
My Lords, I am grateful to my noble friends Lady Hamwee, Lord Thomas and Lady Ludford for tabling...
I wonder whether the Minister can help me. It just occurred to me, as I was listening to him, abo...
I will check this, because it is a very important matter, but intuitively my belief would be that...
My Lords, I think there may be different types of transit. There are certainly some instances in ...
I agree and I shall seek clarification on that. It may also be the case that the power is trigger...
The answer may be that the powers apply in the case of a person at a port in Great Britain. That ...
That seems to be excellent legal advice and I am sure that it is absolutely correct. Certainly we...
My Lords, the point about not passing through immigration control occurred to me as well as noble...
I am just looking for help in order to answer my noble friend Lady Hamwee. The answer that I gave...
My Lords, that depends on somebody knowing that the passengers are there if they remain air side....
Moved by
Baroness Hamwee
6: Schedule 1, page 27, line 13, leave out “or is intended t...
My Lords, I shall also speak to Amendment 7. Amendment 6 is one of those probing amendments which...
My Lords, as I hinted earlier, I wish to add a little more detail in support of Amendment 7, in t...
My Lords, I, too, want to say a word about Amendment 7. I have some difficulty with the arguments...
My Lords, I am grateful to my noble friends for tabling more probing amendments. The Minister and...
Does the Minister appreciate the difficulty our witness was talking about of having to deal with ...
I take on board the point made by the noble and learned Lord. I will go back and make sure first ...
Just before my noble friend sits down, would he clarify whether I understood correctly that someo...
I did say that we believe that accidental or reckless encouragement should be captured when its c...
Is there not rather a difference between accidental and reckless?
I completely agree that there is a difference between those two words, but they are not mutually ...
My Lords, of course there is a difference and it is not just about mutual exclusivity, but I do n...
Moved by
Lord Rosser
8: Schedule 1, page 28, line 3, leave out “reasonable grounds” a...
My Lords, my amendments in this group are Amendments 8, 14 and 15. Amendment 8 provides that, for...
My Lords, I should like to say a word about Amendment 8. With great respect to the noble Lord, Lo...
My Lords, with no such authority —neither mine nor anyone else’s—I wrote, against Amendment 8, “I...
Before the noble Baroness moves on, she said that she felt the arguments to be self-explanatory. ...
I do not think that the noble Lord was present when I said that all our amendments today, and no ...
My Lords, in relation to this group, without I hope stretching anyone’s patience, I will just rep...
My Lords, in relation to the amendment of the noble Baroness, Lady Hamwee, concerned with the giv...
I wonder if the Minister could consider a concrete and perhaps not too remote example. Let us sup...
Following on from my noble friend’s comments, would our response and assessment of what would amo...
My Lords, I declare an interest as a member of the Joint Committee on Human Rights.
I have ...
My Lords, I support what the noble Baroness has said. There cannot be any doubt that the power to...
My Lords, this has been a substantial debate, which is not surprising because there are 24 amendm...
My Lords, I realise that there is plenty of material in the Minister’s response for us to read an...
I am happy to expand further on that but, effectively, the justification I referred to was that t...
I thank all noble Lords who have taken part in this debate and thank the Minister for his very fu...
My Lords, the noble Lord seeks to draw me on this. This is the Committee stage of a very importan...
I give the assurance now that I intend to withdraw the amendment, so there is no need for the Min...
Moved by
Baroness Hamwee
9: Schedule 1, page 28, line 25, after “possession” insert “...
Amendments 22, 42 and 43 in this group are also in my name, and Amendment 11 is in the name of th...
I have Amendment 11 in this group, to which I wish to speak. Schedule 1 includes the procedure fo...
My Lords, I had intended to say a word about Amendment 11. Given that this is Committee, I may do...
My Lords, I wish to comment on Amendments 42 and 43 in this group. I have to say that the groupin...
My Lords, I, too, will speak to Amendments 42 and 43, which I strongly support and to which my na...
My Lords, listening to this debate and a debate on the previous amendments, some of which I was l...
My Lords, my noble friend Lady Buscombe makes some incredibly important points, many of which I a...
My Lords, I am grateful to all noble Lords for their contributions to this debate. My noble frien...
That is more helpful than the noble Lord might have thought when he received that note. To put it...
We would obviously like to stop as many as we can from going, but I am reluctant to give the numb...
I am very grateful to the noble Lord, who has been very helpful. He referred, on several occasion...
A lot depends, of course, on how many responses there are to the consultation. I am unable to mak...
My Lords, I am grateful to noble Lords who made the points on equalities, discrimination, the per...
Moved by
Baroness Hamwee
35: Schedule 1, page 34, line 2, at end insert—
“12A A...
Amendments 35 and 40 relate to practical and legal provisions. The first, probing, amendment allo...
My Lords, I am not surprised that the Bill does not include any power for the judicial authority ...
My Lords, when the noble Lord replies, will he deal with the specific issue of abortive travel co...
My Lords, this comes back to the earlier point about whether the various powers in the Bill are p...
The reason why the law does not award damages for the good-faith exercise of administrative power...
I do not want to get into an extended dialogue. I understand exactly the point, but it is a fine ...
Accepting the view of the noble Lord, Lord Pannick, that we should not give a course of action to...
Sympathetic though one may be to how individual people may feel, perhaps I may respectfully say t...
My Lords, we have had an interesting debate on this small group. I hope that I will be able to ad...
My Lords, the explanation given by the noble Lord, Lord Pannick, was exactly as I had understood ...
My Lords, I apologise that I did not refer to that in my reply. There is no provision at the mome...
I was suggesting that it would not need provision by virtue of being ex gratia. After today, perh...
Moved by
Baroness Hamwee
37: Schedule 1, page 34, line 27, leave out “is” and insert ...
My Lords, Amendments 37, 38 and 39 are also amendments to paragraph 14. They are probing amendmen...
My Lords, this will be a brief debate—in fact, hardly a debate.
The amendments in the names...
Yes, indeed. I wonder whether officials in the Home Office have been undertaking role-play as to ...
My noble friend is aware of this point—at least I hope that he is, because I sent an e-mail on it...
I am happy to respond to my noble friend and to thank her for giving advance notice that she inte...
I am grateful for that answer, but I am not sure that I entirely understand the procedure that th...
I will give an undertaking to do that.
Moved by
Lord Bates
44: After Schedule 1, insert the following new Schedule—
Sc...
My Lords, in moving Amendment 44, I shall speak also to the other amendments in the group.
...
My Lords, I thank the Minister for explaining these welcome amendments. Something is puzzling me ...
My Lords, I want to ask a rather practical question. The whole of Clause 2, together with the ame...
My Lords, your Lordships’ Constitution Committee managed to produce, at fairly short notice becau...
I thank my noble friend for introducing these amendments and for the progress that has been made....
My Lords, I too welcome these amendments, which introduce judicial control. The Government have l...
My Lords, I welcome the government amendments and I thank the Minister for his explanation of the...
I am grateful to all noble Lords for their broad welcome for the amendments which have been put f...
The Minister said that the in-country application of a TEO—if I understood correctly—would be two...
I will clarify that point to make sure I have got it absolutely right. My belief, however, is ver...
I hesitate to rise but the discussion that took place was about the purpose of the temporary excl...
Before the Minister replies to that, can he include in his reply whether the Government have stud...
On the point just raised by the noble Lord, Lord Hylton, we have been very mindful of the fact th...
I apologise for prolonging this, but I forgot to ask my noble friend something earlier. I am tryi...
Again, I will write if necessary, but I think the answer is simply that in that example, it is th...
Moved by
Lord Bates
45: After Schedule 1, insert the following new Schedule—
Sc...
Moved by
Lord Bates
48: Clause 2, page 2, line 4, leave out “D” and insert “E”
Moved by
Baroness Smith of Basildon
49: Clause 2, page 2, line 5, leave out “reasonab...
My Lords, I think what has come out of the last debate is that we are all trying to find our way ...
My Lords, this allows us to consider the legal threshold for issuing a temporary exclusion order....
Perhaps I might press the noble Lord further on that point. The other purpose of my question was ...
I think it would be better if I clarified that and came back to the noble Baroness. I do not want...
My Lords, I am glad that my noble friend made those concluding remarks, referring particularly to...
I am grateful to the noble Baroness for trying to help the Minister but the purpose of the amendm...
Moved by
Lord Bates
50: Clause 2, page 2, line 15, at end insert—
“(6A) Conditi...
Moved by
Lord Bates
52: After Clause 2, insert the following new Clause—
“Tempo...
Moved by
Baroness Hamwee
56: Clause 3, page 2, line 22, at end insert after “include”...
My Lords, I wondered whether the noble Baroness was adopting this one.
I apologise—mine is Amendment 59.
I think we are all being as co-operative as we can be on this: we are aiming at the same thing.
My Lords, I appreciate that this is the last group of amendments before we seek the permission of...
My Lords, I am conscious of the time. I think that was one of those answers that may raise furthe...