UK Parliament / Open data

Counter-Terrorism and Security Bill

Committee of the Whole House (HL) and Debate on bills on Tuesday, 20 January 2015, in the House of Lords, led by Lord Bates.
Lords committee stage first day. Clause 1 agreed to as amended. Schedules 1 and 2 agreed to. (Part 1 of 2.)
Type
Parliamentary proceeding
Reference
758 cc1207-1278 
Session
2014-15
Department
Home Office
Legislative stage
Committee stage
Procedure
New schedules
Chamber / Committee
House of Lords chamber
Legislative scrutiny: Counter-Terrorism and Security Bill. Human Rights Joint Committee fifth report with formal minutes.
Wednesday, 7 January 2015
Parliamentary committees
House of Lords
House of Commons
Counter-Terrorism and Security Bill 2014-15. Brought from the Commons.
Thursday, 8 January 2015
Bills
House of Lords
Counter-Terrorism and Security Bill. Constitution Committee (HL) eighth report.
Monday, 12 January 2015
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee. Fourteenth report.
Wednesday, 14 January 2015
Parliamentary committees
House of Lords

Show all related items (5)
Counter-Terrorism and Security Bill
Tuesday, 20 January 2015
Parliamentary proceedings
House of Lords
Proceeding contributions
Lord Bates | 758 cc1207-8 (Link to this contribution)

Moved by

Lord Bates

1: Clause 1, page 1, line 8, at end insert—

“( ) In Schedul...

Lord Bates | 758 c1208 (Link to this contribution)

My Lords, the Government have tabled this amendment to provide that civil legal aid may be made a...


Show all contributions (149)
Lord Rosser | 758 c1208 (Link to this contribution)

My Lords, as the Minister has said, the amendment provides for legal aid for proceedings before a...

Baroness Hamwee | 758 c1209 (Link to this contribution)

My Lords, I too am glad that the Government have addressed the matter of legal aid. There was cle...

Lord Bates | 758 c1209 (Link to this contribution)

My Lords, I shall try to deal with the point raised by the noble Lord, Lord Rosser, although I ac...

Lord Rosser | 758 c1209 (Link to this contribution)

Moved by

Lord Rosser

2: Clause 1, page 1, line 8, at end insert—

“( ) This sect...

Lord Rosser | 758 cc1209-1211 (Link to this contribution)

My Lords, Amendments 2 and 55 provide for the new powers in the Bill to seize travel documents, i...

Lord Phillips of Sudbury | 758 c1211 (Link to this contribution)

My Lords, I strongly support Amendments 2, 3 and 4. The measures contained in the Bill are of fun...

Baroness Ludford | 758 c1211 (Link to this contribution)

My Lords, on Amendment 2, can the noble Lord opposite explain whether there is any particular rea...

Baroness Buscombe | 758 cc1211-2 (Link to this contribution)

My Lords, I, too, would like to understand from the shadow Minister opposite why a period of two ...

Lord Carlile of Berriew | 758 c1212 (Link to this contribution)

My Lords, I do not understand the two-year period contained in these amendments. The issue which ...

Lord Pannick | 758 c1212 (Link to this contribution)

My Lords, I will not comment on the independent reviewer because, as I understand it, we are not ...

Lord Hannay of Chiswick | 758 c1212 (Link to this contribution)

My Lords, at Second Reading of this Bill I asked the Minister whether the Government had given an...

Marquess of Lothian | 758 c1213 (Link to this contribution)

My Lords, I wonder whether my noble friend could help me because I have missed this somewhere els...

Lord Hylton | 758 c1213 (Link to this contribution)

My Lords, I would like to support the words of my two noble friends who have recently spoken. We ...

Baroness Warsi | 758 cc1213-4 (Link to this contribution)

My Lords, perhaps I may start by seeking the leave of the Committee to speak. I did not speak at ...

Lord Macdonald of River Glaven | 758 c1214 (Link to this contribution)

My Lords, I agree that we should not give away our freedoms in response to terrorism. However, I ...

Lord Hope of Craighead | 758 c1214 (Link to this contribution)

My Lords, I will add briefly to the point made by the noble Lord, Lord Pannick. It relates to Ame...

Bishop of Durham | 758 c1215 (Link to this contribution)

My Lords, it is worth reminding ourselves of the speed of change in the world that has led to thi...

Lord West of Spithead | 758 c1215 (Link to this contribution)

My Lords, I strongly support the inclusion of a sunset clause, for the very good reasons that hav...

Lord Butler of Brockwell | 758 c1215 (Link to this contribution)

My Lords, while I agree with noble Lords who have argued that two years would otherwise be too lo...

Lord West of Spithead | 758 c1215 (Link to this contribution)

I think that has to be done by the end of this year—which I believe is too short.

Baroness Buscombe | 758 c1215 (Link to this contribution)

Can the Minister also tell us now, or at a later stage, whether sunset clauses were imposed by th...

Lord Bates | 758 cc1215-7 (Link to this contribution)

My Lords, we have had a very good, short debate on this, with a lot of contributions that in many...

Lord Phillips of Sudbury | 758 c1216 (Link to this contribution)

Does the Minister not accept that there is a difference between the judicial oversight, on which ...

Lord Bates | 758 cc1216-8 (Link to this contribution)

I see the distinction between the issues—as did the other place and the Constitution Committee. B...

Lord Rosser | 758 cc1218-9 (Link to this contribution)

I thank all noble Lords who have taken part in this debate. I have not been sitting here counting...

Lord Rosser | 758 c1219 (Link to this contribution)

Moved by

Lord Rosser

3: Clause 1, page 1, line 8, at end insert—

“( ) The Secre...

Lord Rosser | 758 cc1219-1220 (Link to this contribution)

As mentioned in the debate on the previous amendment, the group of amendments to which Amendment ...

Baroness Hamwee | 758 c1220 (Link to this contribution)

My noble friend Lord Carlile has already referred to the fact that the independent reviewer can, ...

Lord Pannick | 758 c1220 (Link to this contribution)

My Lords, I agree with the noble Baroness, Lady Hamwee: these amendments raise a very important s...

Lord Carlile of Berriew | 758 c1220 (Link to this contribution)

My Lords, I spoke earlier and will not repeat what I said. Listening to this debate, I agree enti...

Baroness Buscombe | 758 c1220 (Link to this contribution)

My Lords, I will add to what my noble friend Lord Carlile said. Speaking as a member of the Joint...

Baroness Ludford | 758 c1221 (Link to this contribution)

My Lords, I agree with my noble friends and the noble Lord, Lord Pannick, on the need for both br...

Lord Ashton of Hyde | 758 cc1221-2 (Link to this contribution)

My Lords, I am grateful to the noble Lord for tabling these amendments, which cover issues concer...

Lord Rosser | 758 c1223 (Link to this contribution)

Once again, I thank all noble Lords who have taken part in this debate. I hope that if I have mis...

Lord Ashton of Hyde | 758 c1223 (Link to this contribution)

The noble Lord has understood it correctly. We will discuss these matters further in Part 7. I al...

Lord Rosser | 758 c1223 (Link to this contribution)

I thank the Minister for that clarification. Obviously, I am very grateful to him for his comment...

Baroness Hamwee | 758 c1223 (Link to this contribution)

Moved by

Baroness Hamwee

5: Schedule 1, page 26, line 24, leave out from “issued” to ...

Baroness Hamwee | 758 cc1223-4 (Link to this contribution)

This is a probing amendment, picking up a point which I raised at Second Reading. The passport wh...

Lord Rosser | 758 c1224 (Link to this contribution)

My Lords, we have Amendment 16 in this group. Paragraph 4 of Schedule 1 deals with authorisation ...

Lord Bates | 758 cc1224-6 (Link to this contribution)

My Lords, I am grateful to my noble friends Lady Hamwee, Lord Thomas and Lady Ludford for tabling...

Lord Thomas of Gresford | 758 c1225 (Link to this contribution)

I wonder whether the Minister can help me. It just occurred to me, as I was listening to him, abo...

Lord Bates | 758 c1225 (Link to this contribution)

I will check this, because it is a very important matter, but intuitively my belief would be that...

Lord Hope of Craighead | 758 c1225 (Link to this contribution)

My Lords, I think there may be different types of transit. There are certainly some instances in ...

Lord Bates | 758 c1225 (Link to this contribution)

I agree and I shall seek clarification on that. It may also be the case that the power is trigger...

Lord Pannick | 758 c1227 (Link to this contribution)

The answer may be that the powers apply in the case of a person at a port in Great Britain. That ...

Lord Bates | 758 c1227 (Link to this contribution)

That seems to be excellent legal advice and I am sure that it is absolutely correct. Certainly we...

Baroness Hamwee | 758 c1227 (Link to this contribution)

My Lords, the point about not passing through immigration control occurred to me as well as noble...

Lord Bates | 758 c1227 (Link to this contribution)

I am just looking for help in order to answer my noble friend Lady Hamwee. The answer that I gave...

Baroness Hamwee | 758 c1228 (Link to this contribution)

My Lords, that depends on somebody knowing that the passengers are there if they remain air side....

Baroness Hamwee | 758 c1228 (Link to this contribution)

Moved by

Baroness Hamwee

6: Schedule 1, page 27, line 13, leave out “or is intended t...

Baroness Hamwee | 758 c1228 (Link to this contribution)

My Lords, I shall also speak to Amendment 7. Amendment 6 is one of those probing amendments which...

Lord Hope of Craighead | 758 cc1228-9 (Link to this contribution)

My Lords, as I hinted earlier, I wish to add a little more detail in support of Amendment 7, in t...

Lord Harris of Haringey | 758 c1230 (Link to this contribution)

My Lords, I, too, want to say a word about Amendment 7. I have some difficulty with the arguments...

Lord Ashton of Hyde | 758 cc1230-1 (Link to this contribution)

My Lords, I am grateful to my noble friends for tabling more probing amendments. The Minister and...

Lord Hope of Craighead | 758 c1231 (Link to this contribution)

Does the Minister appreciate the difficulty our witness was talking about of having to deal with ...

Lord Ashton of Hyde | 758 c1231 (Link to this contribution)

I take on board the point made by the noble and learned Lord. I will go back and make sure first ...

Baroness Ludford | 758 c1232 (Link to this contribution)

Just before my noble friend sits down, would he clarify whether I understood correctly that someo...

Lord Ashton of Hyde | 758 c1232 (Link to this contribution)

I did say that we believe that accidental or reckless encouragement should be captured when its c...

Baroness Ludford | 758 c1232 (Link to this contribution)

Is there not rather a difference between accidental and reckless?

Lord Ashton of Hyde | 758 c1232 (Link to this contribution)

I completely agree that there is a difference between those two words, but they are not mutually ...

Baroness Hamwee | 758 c1232 (Link to this contribution)

My Lords, of course there is a difference and it is not just about mutual exclusivity, but I do n...

Lord Rosser | 758 c1232 (Link to this contribution)

Moved by

Lord Rosser

8: Schedule 1, page 28, line 3, leave out “reasonable grounds” a...

Lord Rosser | 758 cc1232-4 (Link to this contribution)

My Lords, my amendments in this group are Amendments 8, 14 and 15. Amendment 8 provides that, for...

Lord Hope of Craighead | 758 c1233 (Link to this contribution)

My Lords, I should like to say a word about Amendment 8. With great respect to the noble Lord, Lo...

Baroness Hamwee | 758 c1235 (Link to this contribution)

My Lords, with no such authority —neither mine nor anyone else’s—I wrote, against Amendment 8, “I...

Lord Harris of Haringey | 758 c1235 (Link to this contribution)

Before the noble Baroness moves on, she said that she felt the arguments to be self-explanatory. ...

Baroness Hamwee | 758 cc1235-6 (Link to this contribution)

I do not think that the noble Lord was present when I said that all our amendments today, and no ...

Baroness Ludford | 758 c1236 (Link to this contribution)

My Lords, in relation to this group, without I hope stretching anyone’s patience, I will just rep...

Lord Pannick | 758 c1236 (Link to this contribution)

My Lords, in relation to the amendment of the noble Baroness, Lady Hamwee, concerned with the giv...

Lord Thomas of Gresford | 758 c1236 (Link to this contribution)

I wonder if the Minister could consider a concrete and perhaps not too remote example. Let us sup...

Baroness Warsi | 758 c1237 (Link to this contribution)

Following on from my noble friend’s comments, would our response and assessment of what would amo...

Baroness Kennedy of the Shaws | 758 cc1237-8 (Link to this contribution)

My Lords, I declare an interest as a member of the Joint Committee on Human Rights.

I have ...

Lord Macdonald of River Glaven | 758 c1238 (Link to this contribution)

My Lords, I support what the noble Baroness has said. There cannot be any doubt that the power to...

Lord Bates | 758 cc1238-1242 (Link to this contribution)

My Lords, this has been a substantial debate, which is not surprising because there are 24 amendm...

Baroness Hamwee | 758 c1240 (Link to this contribution)

My Lords, I realise that there is plenty of material in the Minister’s response for us to read an...

Lord Bates | 758 c1240 (Link to this contribution)

I am happy to expand further on that but, effectively, the justification I referred to was that t...

Lord Rosser | 758 c1243 (Link to this contribution)

I thank all noble Lords who have taken part in this debate and thank the Minister for his very fu...

Lord Bates | 758 c1243 (Link to this contribution)

My Lords, the noble Lord seeks to draw me on this. This is the Committee stage of a very importan...

Lord Rosser | 758 cc1243-4 (Link to this contribution)

I give the assurance now that I intend to withdraw the amendment, so there is no need for the Min...

Baroness Hamwee | 758 c1244 (Link to this contribution)

Moved by

Baroness Hamwee

9: Schedule 1, page 28, line 25, after “possession” insert “...

Baroness Hamwee | 758 cc1244-5 (Link to this contribution)

Amendments 22, 42 and 43 in this group are also in my name, and Amendment 11 is in the name of th...

Lord Rosser | 758 cc1245-6 (Link to this contribution)

I have Amendment 11 in this group, to which I wish to speak. Schedule 1 includes the procedure fo...

Baroness Hamwee | 758 c1246 (Link to this contribution)

My Lords, I had intended to say a word about Amendment 11. Given that this is Committee, I may do...

Lord Harris of Haringey | 758 cc1246-7 (Link to this contribution)

My Lords, I wish to comment on Amendments 42 and 43 in this group. I have to say that the groupin...

Baroness Ludford | 758 c1247 (Link to this contribution)

My Lords, I, too, will speak to Amendments 42 and 43, which I strongly support and to which my na...

Baroness Buscombe | 758 cc1247-8 (Link to this contribution)

My Lords, listening to this debate and a debate on the previous amendments, some of which I was l...

Baroness Warsi | 758 c1248 (Link to this contribution)

My Lords, my noble friend Lady Buscombe makes some incredibly important points, many of which I a...

Lord Ashton of Hyde | 758 cc1248-1251 (Link to this contribution)

My Lords, I am grateful to all noble Lords for their contributions to this debate. My noble frien...

Lord Harris of Haringey | 758 c1251 (Link to this contribution)

That is more helpful than the noble Lord might have thought when he received that note. To put it...

Lord Ashton of Hyde | 758 c1251 (Link to this contribution)

We would obviously like to stop as many as we can from going, but I am reluctant to give the numb...

Lord Pannick | 758 c1251 (Link to this contribution)

I am very grateful to the noble Lord, who has been very helpful. He referred, on several occasion...

Lord Ashton of Hyde | 758 c1252 (Link to this contribution)

A lot depends, of course, on how many responses there are to the consultation. I am unable to mak...

Baroness Hamwee | 758 c1252 (Link to this contribution)

My Lords, I am grateful to noble Lords who made the points on equalities, discrimination, the per...

Baroness Hamwee | 758 c1252 (Link to this contribution)

Moved by

Baroness Hamwee

35: Schedule 1, page 34, line 2, at end insert—

“12A A...

Baroness Hamwee | 758 cc1252-3 (Link to this contribution)

Amendments 35 and 40 relate to practical and legal provisions. The first, probing, amendment allo...

Lord Pannick | 758 c1253 (Link to this contribution)

My Lords, I am not surprised that the Bill does not include any power for the judicial authority ...

Lord Hylton | 758 c1253 (Link to this contribution)

My Lords, when the noble Lord replies, will he deal with the specific issue of abortive travel co...

Lord Harris of Haringey | 758 c1253 (Link to this contribution)

My Lords, this comes back to the earlier point about whether the various powers in the Bill are p...

Lord Pannick | 758 c1253 (Link to this contribution)

The reason why the law does not award damages for the good-faith exercise of administrative power...

Lord Harris of Haringey | 758 c1254 (Link to this contribution)

I do not want to get into an extended dialogue. I understand exactly the point, but it is a fine ...

Lord Thomas of Gresford | 758 c1254 (Link to this contribution)

Accepting the view of the noble Lord, Lord Pannick, that we should not give a course of action to...

Baroness Butler-Sloss | 758 c1254 (Link to this contribution)

Sympathetic though one may be to how individual people may feel, perhaps I may respectfully say t...

Lord Ashton of Hyde | 758 cc1254-6 (Link to this contribution)

My Lords, we have had an interesting debate on this small group. I hope that I will be able to ad...

Baroness Hamwee | 758 c1255 (Link to this contribution)

My Lords, the explanation given by the noble Lord, Lord Pannick, was exactly as I had understood ...

Lord Ashton of Hyde | 758 c1255 (Link to this contribution)

My Lords, I apologise that I did not refer to that in my reply. There is no provision at the mome...

Baroness Hamwee | 758 c1255 (Link to this contribution)

I was suggesting that it would not need provision by virtue of being ex gratia. After today, perh...

Baroness Hamwee | 758 c1255 (Link to this contribution)

Moved by

Baroness Hamwee

37: Schedule 1, page 34, line 27, leave out “is” and insert ...

Baroness Hamwee | 758 c1255 (Link to this contribution)

My Lords, Amendments 37, 38 and 39 are also amendments to paragraph 14. They are probing amendmen...

Lord Ashton of Hyde | 758 c1257 (Link to this contribution)

My Lords, this will be a brief debate—in fact, hardly a debate.

The amendments in the names...

Baroness Hamwee | 758 c1257 (Link to this contribution)

Yes, indeed. I wonder whether officials in the Home Office have been undertaking role-play as to ...

Baroness Hamwee | 758 c1258 (Link to this contribution)

My noble friend is aware of this point—at least I hope that he is, because I sent an e-mail on it...

Lord Bates | 758 c1258 (Link to this contribution)

I am happy to respond to my noble friend and to thank her for giving advance notice that she inte...

Baroness Hamwee | 758 c1258 (Link to this contribution)

I am grateful for that answer, but I am not sure that I entirely understand the procedure that th...

Lord Bates | 758 c1258 (Link to this contribution)

I will give an undertaking to do that.

Lord Bates | 758 cc1258-9 (Link to this contribution)

Moved by

Lord Bates

44: After Schedule 1, insert the following new Schedule—

Sc...

Lord Bates | 758 cc1259-1261 (Link to this contribution)

My Lords, in moving Amendment 44, I shall speak also to the other amendments in the group.

...

Baroness Ludford | 758 c1261 (Link to this contribution)

My Lords, I thank the Minister for explaining these welcome amendments. Something is puzzling me ...

Baroness Butler-Sloss | 758 c1261 (Link to this contribution)

My Lords, I want to ask a rather practical question. The whole of Clause 2, together with the ame...

Lord Lang of Monkton | 758 c1261 (Link to this contribution)

My Lords, your Lordships’ Constitution Committee managed to produce, at fairly short notice becau...

Baroness Warsi | 758 c1262 (Link to this contribution)

I thank my noble friend for introducing these amendments and for the progress that has been made....

Lord Pannick | 758 c1262 (Link to this contribution)

My Lords, I too welcome these amendments, which introduce judicial control. The Government have l...

Baroness Smith of Basildon | 758 cc1262-4 (Link to this contribution)

My Lords, I welcome the government amendments and I thank the Minister for his explanation of the...

Lord Bates | 758 cc1264-5 (Link to this contribution)

I am grateful to all noble Lords for their broad welcome for the amendments which have been put f...

Baroness Smith of Basildon | 758 c1265 (Link to this contribution)

The Minister said that the in-country application of a TEO—if I understood correctly—would be two...

Lord Bates | 758 cc1265-6 (Link to this contribution)

I will clarify that point to make sure I have got it absolutely right. My belief, however, is ver...

Baroness Warsi | 758 c1266 (Link to this contribution)

I hesitate to rise but the discussion that took place was about the purpose of the temporary excl...

Lord Hylton | 758 c1266 (Link to this contribution)

Before the Minister replies to that, can he include in his reply whether the Government have stud...

Lord Bates | 758 cc1266-7 (Link to this contribution)

On the point just raised by the noble Lord, Lord Hylton, we have been very mindful of the fact th...

Baroness Ludford | 758 c1267 (Link to this contribution)

I apologise for prolonging this, but I forgot to ask my noble friend something earlier. I am tryi...

Lord Bates | 758 c1267 (Link to this contribution)

Again, I will write if necessary, but I think the answer is simply that in that example, it is th...

Lord Bates | 758 cc1267-1273 (Link to this contribution)

Moved by

Lord Bates

45: After Schedule 1, insert the following new Schedule—

Sc...

Lord Bates | 758 c1273 (Link to this contribution)

Moved by

Lord Bates

48: Clause 2, page 2, line 4, leave out “D” and insert “E”

Baroness Smith of Basildon | 758 c1273 (Link to this contribution)

Moved by

Baroness Smith of Basildon

49: Clause 2, page 2, line 5, leave out “reasonab...

Baroness Smith of Basildon | 758 cc1273-4 (Link to this contribution)

My Lords, I think what has come out of the last debate is that we are all trying to find our way ...

Lord Ashton of Hyde | 758 cc1274-5 (Link to this contribution)

My Lords, this allows us to consider the legal threshold for issuing a temporary exclusion order....

Baroness Smith of Basildon | 758 c1275 (Link to this contribution)

Perhaps I might press the noble Lord further on that point. The other purpose of my question was ...

Lord Ashton of Hyde | 758 c1275 (Link to this contribution)

I think it would be better if I clarified that and came back to the noble Baroness. I do not want...

Baroness Hamwee | 758 cc1275-6 (Link to this contribution)

My Lords, I am glad that my noble friend made those concluding remarks, referring particularly to...

Baroness Smith of Basildon | 758 c1276 (Link to this contribution)

I am grateful to the noble Baroness for trying to help the Minister but the purpose of the amendm...

Lord Bates | 758 c1276 (Link to this contribution)

Moved by

Lord Bates

50: Clause 2, page 2, line 15, at end insert—

“(6A) Conditi...

Lord Bates | 758 cc1276-7 (Link to this contribution)

Moved by

Lord Bates

52: After Clause 2, insert the following new Clause—

“Tempo...

Baroness Hamwee | 758 c1277 (Link to this contribution)

Moved by

Baroness Hamwee

56: Clause 3, page 2, line 22, at end insert after “include”...

Baroness Hamwee | 758 c1277 (Link to this contribution)

My Lords, I wondered whether the noble Baroness was adopting this one.

Baroness Hamwee | 758 cc1277-8 (Link to this contribution)

I think we are all being as co-operative as we can be on this: we are aiming at the same thing.

Lord Bates | 758 c1278 (Link to this contribution)

My Lords, I appreciate that this is the last group of amendments before we seek the permission of...

Baroness Hamwee | 758 c1278 (Link to this contribution)

My Lords, I am conscious of the time. I think that was one of those answers that may raise furthe...

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