Key Facts

• Clause 53 sets out how certain part 2 notices must be served to individuals personally.
• A confirmation notice must provide the period for which a state threats prevention and investigation measure (STPIM) remains in force.
• Amendment 67 proposes that within three months of the Act passing, the Secretary of State publish a statement on how they intend to exercise powers under Clause 54.
• Clause 54 grants the Secretary of State authority to use third parties for monitoring under part 2 notices.
• The Government will ensure efficiency by aligning with existing contracts for comparable provisions, such as TPIMs.
• Privacy regulations will be adhered to when sharing information with third-party contractors.
• Clause 55 extends legal aid availability to individuals subject to STPIMs.
• Legal aid will be available based on means and merits tests.
• It replicates the position in the Terrorism Prevention and Investigation Measures Act 2011.
• The statement relates to clause 56(5) of the National Security Bill.
• The clock starts ticking for appeals when the notice is enforced.
• The reforms apply only in cases relating to national security proceedings with evidence on investigative powers, surveillance, or intelligence services.
• Clause 58 mandates courts to consider reducing damages when a claimant's case relates to their involvement in terrorism.
• Clause 59 sets procedural requirements for the Crown’s application under clause 58.
• The Birmingham pub bombings victims did not receive legal aid.
• Legal aid has been cut back over the past 12 years, affecting various individuals including rapists and paedophiles.
• Part 3 of the Bill is largely about civil courts.
• The amendment seeks to protect innocent bystanders or victims from being excluded from seeking damages for harm caused by the state.
• A case involving an MI5 informant, X, who abused his partner Beth, is used as an example to illustrate how the clause could negatively impact victims of abuse.
• The speaker argues that the drafting of the clause is broad and could potentially deny all or part of damages sought for harm caused by individuals connected to intelligence services.
• The clause limits victims' ability to seek redress even if wrongful state actions are proven.
• Reprieve argues that the clauses could limit victims of torture seeking legal redress.
• Clause 57 excludes Human Rights Act claims from national security proceedings.
• Thomas Tugendhat thanks Maria Eagle for her comments and acknowledges the importance of differentiating between crimes like terrorism and other offenses.
• The Bill's provisions are intended to address instances where individuals involved in terrorism seek legal aid and damages for nefarious purposes.
• Parliamentary counsel has been instructed to prepare a redraft focusing narrowly on those involved in terrorism.
• The courts rarely limit civil tort damages.
• The measure requires courts to consider limiting damages if there is a real risk they could be used for terrorism purposes.
• Freezing orders would last for two years and can be extended for another two years.
• Forfeiture orders can be applied when security services assess an ongoing risk after renewing freezing orders twice.
• Courts will have discretion to award part of the damages to cover legal expenses or essential care costs.
• The Bill includes provisions for freezing an award of damages if there is a real risk it may be used for terrorist purposes.
• A court will have discretion to award part of the damages, considering legal expenses or essential care costs in individual cases.
• Freezing orders last two years and can potentially extend up to four years before forfeiting funds entirely.
• Amendment 61 aims to modify Clause 62 by changing a letter in the text from 'F' to 'G'.
• The amendment is described as a paving amendment for another proposed change (Amendment 60).
• The MP expresses scepticism about the necessity and effectiveness of the current clause.
• Thomas Tugendhat agrees with the previous speaker's concerns.
• No specific legislative or policy changes are proposed in this intervention.
• More than a third of suspected extremists referred to the Prevent programme experienced domestic violence.
• Of 3,045 people referred to the scheme in 2019, 1,076 had a link to domestic abuse as an offender, victim or both.
• Female referrals were more likely to be victims of domestic abuse.
• Clause 62 narrows the range of circumstances for individuals convicted of specified terrorism offences to receive civil legal services.
• The restriction applies to future applications for legal aid from 2001 onwards.
• The restriction will not affect ongoing cases.
• The restriction on accessing civil legal aid is retrospective to 2001.
• The restriction lasts for 30 years for individuals convicted over age 18, and 15 years for those under 18.
• Access to exceptional case funding remains available if there is a risk of breaching ECHR or retained EU law rights.
• Clause 64 removes references to 'control orders' in legal aid legislation as these have been phased out.
• Government amendments 39 to 44 are being discussed.
• Clause 66 stand part is proposed.
• Amendments provide for regulations to be made using the affirmative procedure.
• Clause 65 introduces schedule 11 which amends several Acts including repealing Official Secrets Acts 1911, 1920, and 1939.
• Paragraph 6 updates the definition of national security-related qualifying offences to include preparatory conduct under clause 15.
• Government amendment 64 subjects three powers related to foreign influence registration to affirmative procedure scrutiny.
• Clause 68 binds the Crown to provisions in the Act, ensuring Crown servants cannot commit offences.
• Amendments were made to insert references to offences under section 15 of the National Security Act 2022 into definitions of qualifying offences.
• The amendments correct previous statements about the applicability of offences to Crown servants.
• A person commits an offence if they obtain, accept or retain a material benefit provided by a foreign intelligence service knowing it to be from that source.
• Material benefits include financial benefits, anything with potential financial benefit, and information.
• Excluded benefits are those provided as reasonable consideration for goods or services where the provision of those goods or services does not constitute an offence.
• The new clause includes two offences related to obtaining, accepting, agreeing to accept or retaining material benefits from a foreign intelligence service.
• One offence carries a maximum penalty of 40 years for obtaining or accepting a benefit, while the other carries up to 10 years for agreeing to accept a benefit without receiving it.
• The definition of 'material benefit' includes money and gifts, as well as information that could result in financial gain.
• Excluded benefits are provided if they constitute reasonable consideration for goods or services that do not amount to an offence.
• New clause 7 creates offences of obtaining, accepting, retaining and agreeing to accept a material benefit from a foreign intelligence service.
• The United Front Work Department is mentioned as an example of a Chinese Communist Party organisation that could influence academics and legislators.
• Kevan Jones raises concerns about the scope of the measure in relation to academic research funded by entities linked to China.
• The new clause refers to benefits received through business or other means.
• Material benefit must be either money or its equivalent.
• A reasonable consideration process will assess the nature of benefits before bringing a prosecution.
• Awareness that a benefit is supplied by a foreign intelligence source is required for it to be an offence.
• The clause states material benefits may include financial benefits and information.
• Tugendhat is open to discussing how to clarify the wording with officials.