Clause 27 - Short title, commencement and extent

Part of Terrorism Prevention and Investigation Measures Bill – in a Public Bill Committee at 4:00 pm on 5 July 2011.

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Photo of James Brokenshire James Brokenshire The Parliamentary Under-Secretary of State for the Home Department 4:00, 5 July 2011

Amendments 133 and 134 relate to Scotland, and amendment 135 to the Channel Islands. The Committee will be aware that the Bill extends to Scotland because, primarily, it deals with the reserved matter of national security. However, powers of entry, search, seizure and retention in schedule 5, and fingerprints and samples in schedule 6, impinge on devolved matters. For example, biometric material taken under provisions in schedule 6 can be used for devolved purposes such as the prevention and detection of any crime, as well as national security or terrorist investigations. When the Bill was introduced, the Scottish Government had not had an opportunity to decide whether the relevant provisions should extend to Scotland. They have since agreed that they should, and a legislative consent motion will therefore be tabled. The amendments reflect that agreement.

Amendment 134 deletes subsection (4), which outlines the provisions in schedules 5 and 6 that did not extend to Scotland. Amendment 133 is a consequential amendment that deletes a reference to subsection (4) from subsection (3). As a result of the amendments, all provisions in the Bill will extend to Scotland as they do to the rest of the United Kingdom.

Amendment 135 removes a reference to the Channel Islands in subsection (5). As introduced, the clause would allow the Act to be extended, with appropriate modifications, to any of the Channel Islands or the Isle of Man by Order in Council. Under the amendment, such an order cannot be made in relation to the Channel Islands. The amendment is required because the Channel Islands have indicated that they would want to produce any required legislation themselves.