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National Security Bill - Sitting 11
08 September 2022
Type
Public Bill Committee
At a Glance
Issue Summary
Kevan Jones addresses issues related to the absence of a previous Minister from Committee meetings and requests an explanation. Kevan Jones discusses clauses related to the National Security Bill, focusing on provisions for varying and revoking part 2 notices. Kevan Jones discusses concerns and seeks clarity on technical aspects of the National Security Bill, specifically regarding the variation and revocation of Supremacy Trespass Prevention Injunction Measures (STPIMs) and tight appeal timescales. Kevan Jones discusses the importance of appeal mechanisms for individuals subject to STPIM notices under the National Security Bill. The Minister is discussing provisions for court proceedings under the National Security Bill, specifically addressing appeals on points of law and the role of special advocates in cases involving sensitive national security information. Kevan Jones discusses the issue of juveniles involved in security threats and questions the protections for minors under the National Security Bill. The statement discusses the requirements for reporting on the exercise of powers under the National Security Bill and the appointment of an independent reviewer. The MP discusses proposals for increasing accountability and transparency regarding national security legislation. Kevan Jones discusses the need for proper scrutiny of powers given to security agencies under the National Security Bill. Kevan Jones discusses Clause 50 of the National Security Bill which addresses criminal offences related to contravening measures specified in a part 2 notice under STPIMs. The statement discusses the provisions for taking and retaining biometric data from individuals subject to part 2 notices under schedule 9. Kevan Jones is discussing the provisions related to biometric retention in Schedule 9 of the National Security Bill, specifically regarding fingerprints and non-intimate samples from individuals subject to part 2 notices. Kevan Jones discusses amendments to Schedule 9 of the National Security Bill related to fingerprint and data retention. The statement is about the proceedings of the National Security Bill Committee sitting.
Action Requested
The MP requests that the Government provide an explanation for why the hon. Member for Stevenage was instructed not to attend the Committee, and inquires if consideration will be given to making up lost time due to adjournments.
Key Facts
- Kevan Jones met with Stephen McPartland, the hon. Member for Stevenage.
- The Government insisted on adjourning the Committee last Tuesday.
- Time was lost because of the absence of a previous Minister.
- Clause 41 allows the Secretary of State to vary a relocation measure under a part 2 notice.
- Clause 42 provides power for the Secretary of State to revoke a part 2 notice at any time.
- Subsection (6)(a) of clause 42 allows revival of a previously expired notice without new evidence of threat.
- Clause 41 allows for the variation of STPIMs when certain circumstances apply.
- Clause 42 permits revocation of notices without restricting frequency or number of applications.
- Schedule 6 sets strict time limits for appeals, such as a 28-day limit for indictments in England and Wales and Northern Ireland, and a 14-day limit for summary convictions in Scotland.
- Kevan Jones welcomes Thomas Tugendhat to his position as Minister.
- Clause 45 includes extensive rights of appeal against decisions related to STPIM notices.
- Special advocates will be used to handle sensitive material during the review process.
- The appeal right is limited to a point of law in STPIM proceedings.
- Schedule 7 provides for appointment of special advocates who attend both open and closed parts of proceedings.
- Special advocates act in individuals' interests regarding closed material and hearings.
- Judges decide on the level of disclosure required for fair trials, not the Government.
- The Intelligence and Security Committee report on 'Extreme Right-Wing Terrorism' highlighted an increasing problem of young people, some as young as 15, involved in security threats.
- Kevan Jones questions how protections are ensured for minors under the legislation.
- Clause 48 requires quarterly reporting by the Secretary of State on the exercise of powers under the Bill.
- Clause 49 mandates an annual review by an independent reviewer appointed by the Secretary of State.
- New clause 2 proposes annual reviews for parts 1, 3, and 4 of the Bill.
- Clause 48 creates a duty for the Secretary of State to report quarterly on part 2 notices.
- Section 19 of the Terrorism Prevention and Investigation Measures Act 2011 requires updates every three months.
- TPIM statements took four months to publish in recent cases compared to two months previously.
- Clause 48 requires quarterly reports by the Secretary of State on exercising powers under part 2 notices.
- Clause 49 mandates an independent reviewer for part 2 measures, with annual reporting requirements.
- The amendment from Halifax calls for a broader review requirement covering parts 1, 3 and 4 of the Bill.
- Clause 50 mirrors section 23 of the Terrorism Prevention and Investigation Measures Act 2011.
- As of December 2020, 24 individuals have been served a notice since TPIMs were introduced in 2011.
- The number of people prosecuted and convicted under section 23 of the TPIM Act is 10.
- Biometric data retention provisions are in line with existing statutes like TPIMs.
- Separate provisions apply for England, Wales, Northern Ireland and Scotland due to different police procedures.
- Samples taken must be destroyed within six months or when a DNA profile has been derived from the sample.
- Fingerprints, DNA profiles, and physical data may be retained for up to five years if a national security determination is made by a chief officer of police.
- Schedule 9 makes provision for taking and retaining fingerprints and non-intimate samples from individuals subject to a part 2 notice.
- Paragraphs (6) to (11) make provisions relating to the destruction and retention of material taken from individuals under a part 2 notice.
- Biometrics may be kept for six months if an individual has no relevant previous convictions, but can be retained indefinitely based on a national security determination.
- Amendment 25 removes paragraph (f) from a list of provisions.
- Amendment 31 inserts provisions for indefinite retention of fingerprints and data from individuals convicted of specified offences.
- Amendments enable the Chief Constables of the Ministry of Defence Police, British Transport Police Force, and Director General of the National Crime Agency to make national security determinations.
- Schedule 9 was agreed to with amendments.
- Further consideration was ordered to be adjourned until two o'clock on the same day.
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