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Counter-Terrorism and Border Security Bill - Committee (4th Day)

Part of the debate – in the House of Lords at 7:30 pm on 14th November 2018.

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Moved by Baroness Williams of Trafford

72: Schedule 3, page 45, line 6, after “representations” insert “, before the end of whatever period the Commissioner may specify,”

73: Schedule 3, page 45, line 8, at end insert “before the end of that period”

74: Schedule 3, page 45, line 15, leave out from “constable” to end of line 21 and insert “, the responsible chief officer,”

75: Schedule 3, page 45, line 23, at end insert—“( ) In sub-paragraph (3) “responsible chief officer” means—(a) in a case where the article was taken in connection with an investigation being conducted by a police force in England and Wales, the chief officer of police of that police force;(b) in a case where the article was taken in connection with an investigation being conducted by the Police Service of Scotland, the chief constable of the Police Service of Scotland;(c) in a case where the article was taken in connection with an investigation being conducted by the Police Service of Northern Ireland, the Chief Constable of the Police Service of Northern Ireland;(d) in any other case—(i) where the examining officer is a constable of a police force in England and Wales, the chief officer of police of that police force,(ii) where the examining officer is a constable of the Police Service of Scotland, the chief constable of the Police Service of Scotland, or(iii) where the examining officer is a constable of the Police Service of Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.”

76: Schedule 3, page 45, line 35, at end insert—“( ) A requirement under this paragraph to invite representations from, or to provide information to, the person from whom an article was taken applies only so far as it is reasonably practicable to do so.”

77: Schedule 3, page 45, line 36, at end insert—“13A(1) This paragraph applies where—(a) an article is retained by virtue of paragraph 11(2)(d) or (e), and (b) the examining officer who retained the article considers that the urgency condition is met in relation to the article.(2) The urgency condition is met in relation to an article if—(a) there is an urgent need for the article to be examined or otherwise used for the purpose of preventing—(i) the carrying out of a hostile act, or(ii) death or significant injury,or for the purpose of mitigating the risk of any such act, death or injury occurring, and(b) the time it would take for the requirements of paragraphs 12 and 13 to be complied with in relation to the article would not enable such use to take place with sufficient urgency.(3) The examining officer may apply to a senior officer for authorisation to continue to retain and use the article.(4) An application under sub-paragraph (3) in relation to an article may be made only to a senior officer who has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken.(5) A senior officer may grant an authorisation under this paragraph for the retention and use of the article if satisfied—(a) that there are reasonable grounds for considering that the urgency condition is met in relation to the article, and(b) in the case of an article that consists of or includes confidential material, that— (i) arrangements are in place that are sufficient for ensuring that the material is retained securely, and(ii) the material will be used only so far as necessary and proportionate for a purpose mentioned in sub-paragraph (2)(a).(6) An authorisation under this paragraph—(a) must be recorded in writing;(b) may be granted subject to whatever conditions the senior officer thinks appropriate.(7) Paragraphs 13B and 13C contain further provision about authorisations granted under this paragraph.(8) In this paragraph—“confidential material” has the meaning given by paragraph 12(10) and (11);“senior officer” means—(a) where the examining officer is a constable, another constable of at least the rank of superintendent,(b) where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and(c) where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.13B(1) If a senior officer grants an authorisation under paragraph 13A, the examining officer who applied for the authorisation must inform the Investigatory Powers Commissioner and each affected party of its grant.(2) The information required under sub-paragraph (1) must be given as soon as reasonably practicable and in any event within 24 hours after the grant of the authorisation.(3) An affected party may make representations to the Commissioner about how the Commissioner should proceed under paragraph 13C in respect of an authorisation granted under paragraph 13A.(4) Representations under sub-paragraph (3) must be made in writing no later than the end of two working days beginning with the first working day after the day on which the authorisation is granted. (5) The information provided under sub-paragraph (1) must include an explanation of the right to make representations in writing and the time by which they must be made.(6) The Commissioner must have regard to any representations received before the end of the time mentioned in sub-paragraph (4) in determining how to proceed under paragraph 13C.(7) The requirement under this paragraph to provide information to the person from whom an article was taken applies only so far as it is reasonably practicable to do so.(8) In this paragraph and paragraph 13C—“affected party” has the meaning given by paragraph 13(3);“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the authorisation is granted.13C(1) This paragraph applies after the Investigatory Powers Commissioner has considered any representations made about an authorisation in accordance with paragraph 13B.(2) The Commissioner must—(a) approve the grant of the authorisation, or(b) cancel the authorisation.(3) A decision under sub-paragraph (2) must be made— (a) after the end of the time for making representations referred to in paragraph 13B(4), and(b) before the end of three working days beginning with the first working day after the day on which the authorisation is granted.(4) If the decision under sub-paragraph (2) is to approve the grant of the authorisation, the retention and use of the article may continue in accordance with the conditions on which the authorisation was granted (subject to any further conditions or variation of the existing conditions that the Commissioner specifies).(5) If the decision under sub-paragraph (2) is to cancel the authorisation, any further use of the article must stop as soon as possible.(6) If the Commissioner cancels the authorisation the Commissioner may direct that the article—(a) is destroyed, or(b) is returned to the person from whom it was taken,and the Commissioner may further direct that all reasonable steps are taken to secure that any information derived from the article is destroyed.(7) Sub-paragraphs (5) and (6) do not apply if the article is further retained under a power conferred by paragraph 11(2)(b) or (c).(8) The Commissioner must inform each affected party of the Commissioner’s decision under sub-paragraph (2).(9) The requirement under this paragraph to provide information to the person from whom the article was taken applies only so far as it is reasonably practicable to do so.(10) Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, exercises a function under this paragraph in relation to an article, an affected party may ask the Investigatory Powers Commissioner to decide whether to approve the way in which the function was exercised.(11) Nothing in this paragraph affects the lawfulness of—(a) anything done under an authorisation before it is cancelled; (b) if anything is in the process of being done under an authorisation when it is cancelled—(i) anything done before that thing could be stopped, or(ii) anything done which it is not reasonably practicable to stop.”

78: Schedule 3, page 46, line 15, at end insert “, other than a copy in respect of which an authorisation is granted under paragraph 15B”

79: Schedule 3, page 46, line 45, leave out sub-paragraph (10)

80: Schedule 3, page 47, leave out line 4

Amendments 72 to 80 agreed.

Amendment 81 not moved.