Results 41–60 of 968 for speaker:Stephen McPartland

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: I will come back to the right hon. Gentleman on that. As I have said, we will be designating sites and that information will be publicly available. I am not sure that he would want to make the information about the sites he mentions publicly available.

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: I hear what the right hon. Gentleman says. If the hon. Member for Halifax is kind enough to withdraw the amendment, I commit to considering it further. I will look to provide further clarity in the legislation.

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: I beg to move amendment 13, in schedule 3, page 81, line 26, leave out sub-paragraph (3) and insert— “(3) In any other case, paragraph 19 material must be destroyed unless it is retained under any power conferred by paragraphs 20 or 21.” This amendment and Amendments 15, 18 and 22 make provision for the indefinite retention of fingerprints, data and other samples taken from a person who...

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: As we have discussed, clause 21 provides for a state threats power of arrest. If an individual is arrested under that power, the further provisions in schedule 3 will apply. As part of that, schedule 3 provides for a new regime whereby biometric data, such as fingerprints and DNA profiles, that are collected on arrest for foreign power threat activity may be retained for an initial period of...

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: I am going to write to the hon. Lady.

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: I know, and I will write to the hon. Lady, because I do not know the answer. As we have already discussed in Committee, state threats activity poses a serious and enduring risk to UK security, and the Bill must provide law enforcement agencies with the tools they need to combat hostile activity. Indefinite retention of biometric data enables the police and the security services to use the...

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: I am grateful for the intervention. What we are trying to do is to mirror what is in TACT and PACE to keep the regimes identical so there are not different ones for different areas. Obviously, if someone has accepted a caution, they have in essence accepted that they were guilty of an offence—they have just not proceeded to court.

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: The hon. Lady makes an important point. I would add that it is “may” be held indefinitely not “will”. There is still an element of choice and discretion.

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: My understanding is that that what happens under TACT and PACE, and that would be the intention for what would happen under this legislation, so the regimes mirror each other. Amendments 16 and 17 to schedule 3 separate the reference to the Chief Constable of the Police Service of Northern Ireland from those in England and Wales in the list of chief officers who can extend the period of...

Public Bill Committee: National Security Bill: Clause 21 - Arrest without warrant (14 Jul 2022)

Stephen McPartland: I am grateful for the contributions and the general support. On safeguards, the powers mirror the powers in the Terrorism Act 2000, which are very important and have proven to be very disruptive, as well as useful and effective in keeping the country safe. It is critical that the police have strong powers of arrest and I outlined the reasons for that. Currently, a person can be detained for...

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: I looked at the amendment in a lot of detail, and I discussed it with my officials and challenged them. I think the hon. Member for Halifax makes a very, very important point and has a strong case, and she will be delighted to know that, although I will resist the amendment today, I will commit to consider it and whether the Bill should clarify that only sites located in the UK can be...

Public Bill Committee: National Security Bill: Schedule 3 - Detention Under Section 21 (14 Jul 2022)

Stephen McPartland: Sorry—North Durham. I am grateful for the way the hon. Member for Halifax has tried to help us improve the Bill. She has been constructive throughout. Paragraph 1 provides a delegated power for the Secretary of State to designate places where someone may be detained after arrest for foreign power threat activity under clause 21. If arrested under PACE, suspects are taken to a designated...

Public Bill Committee: National Security Bill: Clause 20 - Powers of search etc (14 Jul 2022)

Stephen McPartland: I am grateful for Members’ support. To sum up, the important thing is to recognise that between 2017 and 2022, the powers relating to great emergency have been used seven times in England and Wales and once in Scotland, and they have never once been used by a senior police officer during that five-year period. This will not happen weekly or monthly; it will be a very rare event. We are...

Public Bill Committee: National Security Bill: Clause 21 - Arrest without warrant (14 Jul 2022)

Stephen McPartland: Currently, the police must rely on the powers of arrest and detention available under the Police and Criminal Evidence Act 1984, as we discussed earlier, when tackling state threats activity. In contrast, under the Terrorism Act 2000 the police have enhanced powers to facilitate early disruption and the investigation of acts of terrorism and terrorism-related activity. The enhanced police...

Public Bill Committee: National Security Bill: Clause 16 - Aggravating factor where foreign power condition met: England and Wales (14 Jul 2022)

Stephen McPartland: Although the Bill provides a range of offences specifically targeted at state threats activity, it will not always be appropriate or possible for harmful activity to be prosecuted under the Bill. Where offences already exist on the statute book that deal effectively with the relevant state threats activity, there is no need to create a similar offence in the Bill. For example, the offence of...

Public Bill Committee: National Security Bill: Clause 16 - Aggravating factor where foreign power condition met: England and Wales (14 Jul 2022)

Stephen McPartland: As the right hon. Gentleman knows, we are reforming the first three Official Secrets Acts, but not the 1989 Act, with the Bill. We will write to him with the information to explain how that is going to work. In summary, the aggravating factor provides another tool for prosecutors to deploy, and helps to future-proof the Bill by ensuring that our judicial system can respond to any evolving...

Public Bill Committee: National Security Bill: Clause 16 - Aggravating factor where foreign power condition met: England and Wales (14 Jul 2022)

Stephen McPartland: I am very grateful for hon. Members’ responses and support for these clauses, and I will try to provide clarity on the points made by the hon. Member for Halifax. Serious offences that have a state threat component, such as murder and violent offences, already have significant penalties, as the hon. Lady said, and the aggravating factor will therefore allow for those sentences. However,...

Public Bill Committee: National Security Bill: Clause 20 - Powers of search etc (14 Jul 2022)

Stephen McPartland: Robust investigative tools are crucial to enable the police effectively to counter threats by state actors, which operate using highly sophisticated means and often have access to significant resources and are skilled in tradecraft. Clause 20 introduces schedule 2, which provides the police with powers of search and seizure when investigating threats posed by state actors to the UK and its...

Public Bill Committee: National Security Bill: Clause 20 - Powers of search etc (14 Jul 2022)

Stephen McPartland: The difference is that under the Police and Criminal Evidence Act 1984, or PACE, the police need to be able to identify in this situation that a crime has been committed, whereas for this measure the police are trying to intervene earlier, so that they can stop a crime from being committed. Effectively, that is what the difference is. We will debate clause 23 when we get to it—


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