Prevention of Terrorism Bill (HC Bill 158)

1 Statement by Secretary of State

(1) Where the Secretary of State is satisfied that the condition in subsection (2) is
met, he may, within the relevant period, certify—

(a) an Act of Parliament, or

(b) 5specified provisions of an Act of Parliament,

for the purposes of this Act.

(2) The condition in this subsection is that the main purpose of—

(a) the Act of Parliament, or

(b) the specified provisions of an Act of Parliament,

10is to prevent terrorism.

(3) A decision to certify—

(a) an Act of Parliament, or

(b) specified provisions of an Act of Parliament,

for the purposes of this Act shall take the form of a certificate.

(4) 15A certificate under this section—

(a) shall be laid before Parliament, and

(b) shall specify the Act of Parliament or the specified provisions of an Act
of Parliament to which the certificate relates.

(5) In this section “the relevant period” means a period of a week beginning—

(a) 20in the case of a decision to certify an Act of Parliament, with the date on
which the Act was passed, and

(b) in the case of a decision to certify specified provisions of an Act of
Parliament, with the date on which the Act containing those provisions
was passed.

2 Amendment of the Human Rights Act 1998

(1) The Human Rights Act 1998 is amended as follows.

(2) After section 1, insert—

“1A Disapplication for certain provisions relating to the prevention of
5terrorism

The provisions of sections 2 to 18 of this Act shall not apply to—

(a) an Act of Parliament, or

(b) specified provisions of an Act of Parliament,

in respect of which a certificate has been laid before Parliament under
10section 1 of the Prevention of Terrorism Act 2011.”

(3) In section 19 (statements of compatibility), in subsection (1), for the word “or”
after paragraph (a), substitute—

“(aa) make a statement to the effect that he proposes to certify any Act
arising from the Bill, or specified provisions of any Act arising
15from the Bill, for the purposes of the Prevention of Terrorism
Act 2011; or”.

3 Habeas corpus, etc., due process and fair trial

(1) Nothing in—

(a) an Act of Parliament, or

(b) 20specified provisions of an Act of Parliament,

in respect of which a certificate has been laid before Parliament under section
1 shall affect the matters specified in subsection (2).

(2) The matters specified in this subsection are the rights of a person who is—

(a) in police detention, or

(b) 25otherwise detained,

to apply for a writ of habeas corpus or other prerogative remedy and to a fair
trial in accordance with due process and the rule of law.

4 Judicial interpretation of certain provisions during public emergency

(1) The Secretary of State may lay before Parliament a declaration—

(a) 30that there is a state of public emergency for the purposes of this section,
or

(b) that there is no longer a state of public emergency for the purposes of
this section.

(2) This subsection applies—

(a) 35during the period which—

(i) begins with the laying before Parliament of a declaration under
subsection (1)(a), and

(ii) ends with the laying before Parliament of a declaration under
subsection (1)(b), and

(b) 40when a certificate has been laid before Parliament under section 1 in
respect of—

(i) an Act of Parliament, or

(ii) specified provisions of an Act of Parliament.

(3) When subsection (2) applies, a court or tribunal shall, in determining a
question that has arisen in connection with an Act of Parliament or specified
provisions of an Act of Parliament in respect of which a certificate has been laid
before Parliament under section 1, have due regard to decisions of a Minister
5of the Crown in respect of terrorist activities constituting a threat to national
security.

5 Short title

This Act may be cited as the Prevention of Terrorism Act 2011.