Counter-Terrorism and Sentencing Bill — House of Commons, 2020-07-21
Topic: Law and Crime
Nigel Martin Evans (Conservative, Centre-right): With this it will be convenient to discuss the following: Amendment 59, in clause 32, page 29, line 7, at end insert— "(4) A Terrorism Prevention and Investigation Measure may not be imposed on an individual, or renewed, solely on the basis of— (a) any statement made by the person while participating in a polygraph examination; (b) any physiological reaction of the person while participating in a polygraph examination; or (c) any refusal to comply with a requirement to participate in a polygraph examination." This amendment will prohibit the use of information obtained from a polygraph test as a basis for imposing a TPIM notice on an individual in England and Wales. Amendment 60, in clause 33, page 30, line 24, at end insert— "(8) A Terrorism Prevention and Investigation Measure may not be imposed on an individual, or renewed, solely on the basis of— (a) any statement made by the person while participating in a polygraph examination; (b) any physiological reaction of the person while participating in a polygraph examination; or (c) any refusal to comply with a requirement to participate in a polygraph examination." This amendment will prohibit the use of information obtained from a polygraph test as a basis for imposing a TPIM notice on an individual in Scotland. Amendment 61, in clause 34, page 33, line 6, at end insert— "(4A) A Terrorism Prevention and Investigation Measure may not be imposed on an individual, or renewed, solely on the basis of— (a) any statement made by the person while participating in a polygraph examination; (b) any physiological reaction of the person while participating in a polygraph examination; or (c) any refusal to comply with a requirement to participate in a polygraph examination." This amendment will prohibit the use of information obtained from a polygraph test as a basis for imposing a TPIM notice on an individual in Northern Ireland. Amendment 40, page 34, line 22, leave out clause 37 This amendment removes the provision that lowers the standard of proof to reasonable grounds. Amendment 37, in clause 37, page 34, line 25, leave out ""has reasonable grounds for suspecting"." and insert ", on the basis of reasonable and probable grounds, believes." This amendment would raise the standard of proof for imposing a TPIM under the proposals in the Bill. Amendment 39, in clause 37, page 34, line 26, leave out "suspecting" and insert "believing" This amendment would create a higher bar for the standard of proof under these proposals. Amendment 42, page 34, line 27, leave out clause 38 Amendment 41, in clause 38, page 34, line 31, at end insert— "(za) in subsection (3)(a), after "met" insert "and the court gives the Secretary of State permission"; (zb) after subsection (3)(a), insert "(ab) In determining the extension, the court must apply the principles applicable on an application for judicial review."" Amendment 46, in clause 38, page 34, line 31, at end insert— "(za) For subsection (3)(a), substitute "may be extended under subsection (2) only if— (i) the Secretary of State believes on the balance of probabilities that the individual is, or has been, involved in terrorism-related activity; (ii) conditions C and D are met; and (iii) the court gives the Secretary of State permission to extend the TPIM notice." This amendment will provide that any extension of a TPIM notice will require (i) a higher threshold to be met ("on the balance of probabilities"), (ii) the Secretary of State must reasonably consider that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for terrorism prevention and investigation measures to be imposed on the individual (Condition C), and that it is necessary, for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity, for the specified terrorism prevention and investigation measures to be imposed on the individual (Condition D), and (iii) judicial approval. Amendment 47, page 35, line 21, leave out clause 39 This amendment will remove from the Bill clause 39, which allows the Secretary of State to vary the relocation measure in a TPIM notice, if it is necessary to do so for resource reasons. Amendment 48, page 36, line 27, leave out clause 40 This amendment will remove from the Bill clause 40, which widens the scope for imposing a curfew beyond overnight. Amendment 49, page 36, line 32, leave out clause 41 This amendment will remove from the Bill clause 41, which inserts a new polygraph measure which can be imposed on TPIM subjects to test if they are complying with their TPIM measures, if the Secretary of State considers it necessary to protect the public from a risk of terrorism. Government amendment 17 Amendment 50, page 38, line 3, leave out clause 42 This amendment will remove from the Bill clause 42, which introduces a new drug testing measure which can be imposed on TPIM subjects, to test for Class A and B drugs. Government amendments 18 and 19 Amendment 38, in clause 47, page 40, line 17, leave out subsection (1) and insert— "(1) In section 20(9) of the Counter-Terrorism and Border Security Act 2019 (support for persons vulnerable to being drawn into terrorism) for the words from "within the period" to the end substitute "by 1 July 2021"." This amendment would reinstate a statutory deadline for the independent review of the Prevent strategy, which will have to report by 1 July 2021. Amendment 51, in clause 47, page 40, leave out lines 19 to 21 and insert— "(a) in subsection (8), replace the words "6 months" with the words "2 years"; (b) in subsection (9), replace the words "18 months" with the words "3 years"." Clause 47 omits the current statutory deadline for (a) making arrangements for an independent review of Prevent and (b) laying before both Houses the report and any recommendations of the review of Prevent. Instead of removing the statutory deadlines, this amendment provides for new deadlines: in respect of (a), 2 years beginning with the day on which the Counter Terrorism and Border Security Act was passed (12 February 2019) and in respect of (b), 3 years beginning with the day on which the Counter Terrorism and Border Security Act was passed.