Key Facts

• Aggravating factors in clauses 16 to 18 apply where a foreign power condition is met.
• Currently, there is no formal mechanism requiring judges to factor state threat connections into sentencing decisions.
• The service courts system applies to those bound by the Armed Forces Act 2006.
• Clause 20 introduces schedule 2 which provides police with powers of search and seizure.
• These new powers enable police to intervene earlier before a crime is committed based on reasonable suspicion.
• The existing power of search in section 9 of the Official Secrets Act 1911 is replaced.
• The Minister is not taking interventions at this time.
• Clause 20 introduces Schedule 2 to the National Security Bill.
• Schedule 2 allows for pre-emptive searches and seizures based on reasonable suspicion of state threat activity.
• Part 1 of Schedule 2 covers England, Wales, and Northern Ireland, while Part 2 is adapted for Scotland.
• A production order must meet four conditions to grant access to confidential material.
• Government amendment 12 ensures court rules can be amended to reflect specific requirements for warrant applications.
• The government's powers relating to 'great emergency' were used eight times between 2017 and 2022.
• Part 1 of the Bill includes provisions for production orders regarding confidential material with a seven-day deadline unless extended by a judge.
• An amendment was made to enable Northern Ireland magistrates’ courts rules to make provision about proceedings under Schedule 2.
• Police can currently rely on powers under the Police and Criminal Evidence Act 1984, but require enhanced powers similar to those in the Terrorism Act 2000 for state threats.
• Clause 21 creates a new arrest power allowing police to arrest individuals suspected of foreign power threat activity without a warrant.
• Individuals arrested under clause 21 can be detained for up to 48 hours, subject to periodic reviews.
• The amendment addresses Schedule 3 powers in the National Security Bill.
• It proposes independent inspections for any place designated as a detention location.
• Concerns are raised about the potential designation of places like Mildenhall airbase.
• There are five TACT suites in England and Wales.
• The Bill allows the Secretary of State to designate places for detention after arrest.
• Paragraph 1(1) states that the Secretary of State may designate places, including police stations or other suitable facilities.
• The amendments cover indefinite retention of biometric data under certain circumstances.
• Data Protection Act 2018 requires ongoing review of retention.
• Amendments mirror provisions in Police and Criminal Evidence Act 1984 (PACE) and Terrorism Acts.
• Amendments 16 and 17 separate the reference for Northern Ireland's Chief Constable from those in England and Wales.
• Amendments 14, 25, and 27 address unnecessary duplication in database lists.
• Amendment 26 allows data obtained under schedule 9 to be searched against Terrorism Prevention and Investigation Measures Act 2011 data.
• Amendments 19 and 32 add the British Transport police and Ministry of Defence police to those that can make national security determinations for up to five years, with renewal options.
• Amendments made: 14-24.
• Removes reference to paragraph 42 of Schedule 3 in the Counter-Terrorism and Border Security Act 2019.
• Enables Chief Constables of Ministry of Defence Police and British Transport Police Force to make national security determinations.
• Clarifies identity of responsible chief officer of police for fingerprints or samples taken by specific forces.
• Clause 22 modifies the definition of confidential business material within the scope of protected materials under schedule 3.
• Currently, the Investigatory Powers Commissioner must authorise the retention and examination of protected materials, a process that can take up to six weeks.
• The new safeguard requires a counter-terrorism police officer at least superintendent rank to authorise access to such material.
• Clause 22 amends schedule 3 to allow examining officers access to confidential business records without judicial authorisation.
• Schedule 7 of the Terrorism Act 2000 does not require judicial approval for retention of confidential business records found during stops in public places.
• Investigatory Powers Commissioner supports the Home Office’s proposals to align the definition of confidential material with the Investigatory Powers Act 2016.