Clause 16

Crime and Security Bill – in a Public Bill Committee at 2:30 pm on 4 February 2010.

Alert me about debates like this

Material subject to the Terrorism Act 2000

Amendments made: 114, in clause 16, page 49, line 15, after ‘Ireland’, insert ‘, or

( ) an offence in Scotland which is punishable by imprisonment,’.

This amendment alters the substituted paragraph 14B(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.

Amendment 115, in clause 16, page 50, line 12, after ‘Ireland’, insert ‘, or

( ) an offence in Scotland which is punishable by imprisonment,’.

This amendment alters the substituted paragraph 14C(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.

Amendment 116, in clause 16, page 51, line 12, after ‘Ireland’, insert ‘, or

( ) an offence in Scotland which is punishable by imprisonment,’.

This amendment alters the substituted paragraph 14D(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.

Amendment 117, in clause 16, page 52, line 6, after ‘Ireland’, insert ‘, or

( ) an offence in Scotland which is punishable by imprisonment,’.

This amendment alters the substituted paragraph 14E(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.

Amendment 118, in clause 16, page 52, line 11, after ‘offence,’, insert ‘or

( ) in Scotland of an offence which is punishable by imprisonment,’.

This amendment alters what is meant by ‘no previous convictions’ in the new destruction regime under paragraphs 14B to 14E of Schedule 8 to the Terrorism Act 2000. The regime will not apply where a person has a conviction for an offence in Scotland which is punishable by imprisonment.

Amendment 119, in clause 16, page 52, line 12, leave out ‘so’.

This amendment is consequential on amendment 120.

Amendment 120, in clause 16, page 52, line 13, after ‘offence’, insert

‘in England and Wales or Northern Ireland’.

This amendment is consequential on the policy in amendment 118 that a conviction for an offence in Scotland which is punishable by imprisonment allows for indefinite retention of material held under the Terrorism Act 2000; it differentiates the different concepts used in the law in England and Wales.

Amendment 121, in clause 16, page 52, line 27, after ‘caution’, insert

‘in England and Wales or Northern Ireland’. —(Mr. Hanson.)

This amendment is consequential on the policy in amendment 118. It provides that, in relation to the new destruction regime under the Terrorism Act 2000, a conviction only includes a caution where the conviction took place in England and Wales or Northern Ireland, not Scotland.

Photo of David Hanson David Hanson Minister of State (Home Office) (Crime and Policing)

I beg to move amendment 39, in clause 16, page 53, line 8, leave out ‘any material’ and insert ‘fingerprints or a DNA profile’.

This amendment narrows the scope of the provision allowing for longer periods of retention for the purposes of national security so that it applies only to fingerprints and DNA profiles (as was always the policy intention) - and not to samples.

Photo of Frank Cook Frank Cook Labour, Stockton North

With this it will be convenient to discuss the following: Government amendments 40 to 44, 123, 122 and 124 to 127.

Government new clause 19—Material subject to the Criminal Procedure (Scotland) Act 1995.

Government new clause 20—Material subject to the Terrorism Act 2000 (Scotland).

Government new clause 21—Material subject to the Counter-Terrorism Act 2008 (Scotland).

Photo of David Hanson David Hanson Minister of State (Home Office) (Crime and Policing)

The amendments relate to the introduction of regimes for the destruction of fingerprints and DNA material. Amendments 39 to 44 cover materials subject to the Terrorism Act 2000 and correct drafting errors in the Bill—sadly, it does occasionally happen. New clauses 19 to 21 relate to the same subject: the applicability of the proposed regimes for the retention, destruction and use of relevant physical data and DNA material in Scotland under the Criminal Procedure (Scotland) Act 1995, the Terrorism Act 2000 and the Counter-Terrorism Act 2008. The new clauses deal with the extension of the scheme to samples taken in Scotland, which it was not possible to achieve before we introduced the Bill.

Photo of James Brokenshire James Brokenshire Shadow Minister (Home Affairs)

The Minister has explained that the amendments extend the ambit to Scotland. It would be helpful to have confirmation on the record that the Government discussed the provisions with the Scottish Government. What was the nature of those arrangements?

Photo of David Hanson David Hanson Minister of State (Home Office) (Crime and Policing)

I confirm that discussions have been undertaken and that the Scottish Government are content.

Amendment 39 agreed to.

Amendments made: 40, in clause 16, page 53, line 19, leave out ‘or samples’.

This amendment is consequential on amendment 39.

Amendment 41, in clause 16, page 53, line 20, leave out ‘such a sample’ and insert

‘a sample taken in England and Wales’.

This amendment is consequential on amendment 39.

Amendment 42, in clause 16, page 53, line 21, leave out ‘samples or’.

This amendment is consequential on amendment 39.

Amendment 43, in clause 16, page 53, line 25, leave out ‘or samples’.

This amendment is consequential on amendment 39.

Amendment 44, in clause 16, page 53, line 26, leave out ‘such a sample’ and insert ‘a sample taken in Northern Ireland’.

This amendment is consequential on amendment 39.

Amendment 123, in clause 16, page 54, line 25, leave out paragraph (b) and insert—

‘(b) material to which paragraph 20(3) applies,’.

This amendment is consequential on NC20.

Amendment 122, in clause 16, page 55, line 39, leave out ‘53A’ and insert ‘2(2)’. —(Mr. Hanson.)

This amendment corrects a drafting error.

Question put, That the clause, as amended, stand part of the Bill.

The Committee divided: Ayes 8, Noes 6.

Division number 4 Decision Time — Clause 16

Aye: 8 MPs

No: 6 MPs

Aye: A-Z by last name

No: A-Z by last name

Question accordingly agreed to.

Clause 16, as amended, ordered to stand part of the Bill.