Overview

This bill amends the Counter-Terrorism and Border Security Bill, primarily focusing on clarifying the circumstances under which individuals can enter or remain in designated areas, expanding the list of exceptions, and enhancing the rights of individuals detained under port and border control powers. It also strengthens the legal framework regarding the commission of terrorism offences abroad.

Description

The amendments introduce several key changes:

• Designated Areas: The bill clarifies that entering or remaining in a designated area is not an offence if it's involuntary, or for purposes such as humanitarian aid, attending court, working for a foreign government or UN, journalistic work, attending a relative's funeral, or caring for a sick relative. The Secretary of State can add or remove purposes via regulations, which will expire after 3 years unless revoked. These regulations are subject to parliamentary scrutiny.
• Offences Abroad: Amendments extend the scope of the Terrorism Act 2006 to cover additional offences committed abroad, including supporting proscribed organisations. However, this only applies if the individual is a UK national or resident at the time of the offence.
• Detention Rights: The bill significantly enhances the rights of individuals detained under port and border control powers. This includes explicit notification of rights to consult a solicitor upon detention and introducing processes to ensure that the solicitor appointed will be appropriate, and to review actions taken under emergency situations. Superintendents or equivalent can direct a change of solicitor.
• Data Retention and Investigatory Powers: Amendments to Schedule 3 and 4 further clarify the powers of law enforcement and border control to retain and use personal data and items for national security purposes, subject to specific oversight, including time-limited authorisations and opportunities for appeals and judicial review by the Investigatory Powers Commissioner.

Government Spending

The bill doesn't specify direct government spending figures. However, the amendments may necessitate additional resources for training law enforcement personnel, managing the new exceptions related to designated areas, processing judicial reviews and the implementation of revised data retention procedures. An independent review of the government's counter-terrorism strategy is mandated, with costs associated with this review also not yet specified.

Groups Affected

The bill affects several groups:

• Individuals travelling to designated areas: The amendments provide greater clarity and protection for those legitimately travelling to designated areas for specific purposes.
• Journalists and academics: These professionals gain specific legal protection for work in designated areas.
• Humanitarian aid workers: They benefit from clear legal exemptions for providing aid.
• Individuals detained at borders: They gain significantly enhanced legal rights regarding access to legal counsel.
• Law enforcement agencies: They will require training and processes for the new procedures for detention and data retention.
• The Investigatory Powers Commissioner: This role will experience a significant increase in its workload due to the amendments, requiring further resources.

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