Overview

This bill amends the Counter-Terrorism and Security Act 2015, primarily focusing on "temporary exclusion orders" (TEOs). It clarifies the legal process for imposing TEOs, including judicial oversight, introduces review mechanisms for individuals subject to these orders, and enhances the protection of freedom of expression in universities.

Description

Temporary Exclusion Orders (TEOs)

The bill significantly alters the process surrounding TEOs. It introduces a requirement for prior court permission before imposing a TEO, unless the Secretary of State deems it urgently necessary. A new judicial review process is established for individuals affected, allowing them to challenge the legality of the order and its conditions. The bill also introduces a new schedule detailing procedures for urgent TEOs, outlining a streamlined court process within seven days. Separate schedules define rules of court for TEO proceedings, addressing issues like disclosure of evidence, anonymity, and the appointment of special advocates to represent individuals whose presence is excluded.

Legal Aid

Amendments extend legal aid to cover representation in proceedings related to TEOs, ensuring those facing such orders can access legal assistance.

Freedom of Expression in Universities

A new clause is added to emphasize the importance of freedom of speech and academic freedom in universities when considering the actions of governing bodies under the existing duty to prevent extremism.

Monitoring of Further and Higher Education

The bill introduces a system for monitoring the performance of further and higher education institutions in fulfilling their duty to prevent extremism, with the power to issue directions to enforce compliance. This includes the provision of information to the Secretary of State, who must consult with the Welsh Ministers.

Review of Terrorism Legislation

The bill mandates annual reviews of the operation of Part 1 of the Act and other relevant counter-terrorism legislation by an independent reviewer.

Government Spending

The bill's financial implications are not explicitly stated. However, it is likely to increase government spending on legal aid, judicial processes related to TEOs, and the monitoring of educational institutions.

Groups Affected

• Individuals subject to TEOs: This bill grants them greater legal recourse to challenge the orders.
• The Judiciary: Judges will play a more significant role in overseeing the imposition and review of TEOs.
• Lawyers: Increased legal aid and the complexity of TEO proceedings will likely increase demand for legal services.
• Universities and Further Education Institutions: They must give greater consideration to freedom of speech and academic freedom when implementing measures to prevent extremism.
• Secretary of State and Government Departments: The bill increases their accountability and the administrative burden associated with TEOs.

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