House of Commons Amendments

Session 2010 - 12
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Notices of Amendments: 1 September 2011
2610

Terrorism Prevention and Investigation Measures Bill, continued

Annual renewal

Shabana Mahmood

Edward Miliband

Yvette Cooper

Vernon Coaker

Ms Rosie Winterton

NC7


To move the following Clause:—

‘(1)
Except in so far as otherwise provided under this Clause, Clause 2 and all other

consequential clauses in this Act will expire at the end of the period of 12 months

beginning with the day on which this Act comes into force.

(2)
The Secretary of State may by order made by statutory instrument—

(a)
repeal Clause 2 and all other consequential clauses in this Act; or

(b)
provide that Clause 2 will not expire at the time when it would otherwise

expire under subsection (1) of this Clause but will continue in force after

that time for a period not exceeding one year.

(3)
Before making an order under subsection (2)(b) of this Clause the Secretary of

State must consult—

(a)
the Independent Reviewer of Counter-Terrorism Legislation;

(b)
the police; and

(c)
the security services.

(4)
No order may be made by the Secretary of State under this Clause unless a draft

of it has been laid before Parliament and approved by a resolution of each House.

(5)
Subsection (4) of this Clause does not apply to an order that contains a declaration

by the Secretary of State that the order needs, by reason of urgency, to be made

without the approval required by subsection (4).

(6)
An order under this Clause that contains such a declaration—

(a)
must be laid before Parliament after being made; and

(b)
if not approved by a resolution of each House before the end of 40 days

beginning with the day on which the order was made, ceases to have

effect at the end of that period.

(7)
Where an order ceases to have effect in accordance with subsection (6), that does

not—

(a)
affect anything previously done in reliance on the order; or

(b)
prevent the making of a new order to the same or similar effect.’.

Notices of Amendments: 1 September 2011
2611

Terrorism Prevention and Investigation Measures Bill, continued

Police bail following detention under Terrorism Act 2000: general

Dr Julian Huppert

Tom Brake

Greg Mulholland

Mr David Davis

NC8


To move the following Clause:—

‘In section 41 of the Terrorism Act 2000, after subsection (9) insert—

“(10)
Where for any reason the continued detention of a person arrested under

subsection (1) is no longer authorised, a chief officer of police may

release the person on police bail, but only if he reasonably believes there

is a need for further investigation of any matter in connection with which

the individual was detained.”.’.

Police bail following detention under Terrorism Act 2000: limitations

Dr Julian Huppert

Tom Brake

Greg Mulholland

Mr David Davis

NC9


To move the following Clause:—

‘(1)
After section 3A of the Bail Act 1976, insert—

“3B
Police bail in relation to terrorism-related offences

(1)
Section 3 of this Act applies in relation to bail granted by a chief officer

of police under section 41(10) of the Terrorism Act 2000 subject to the

following modifications.

(2)
Any reference in section 3 to ‘custody officer’ shall be substituted by

‘chief officer of police’.

(3)
Subsection (6) does not authorise the imposition of a requirement to

reside in a bail hostel or any requirement under paragraph (d) or (e).

(4)
Where a chief officer of police grants bail to a person, no conditions shall

be imposed under this Act unless it appears to the constable that it is

necessary to do so—

(a)
for the purpose of preventing that person from failing to

surrender to custody, or

(b)
for the purpose of preventing that person from committing an

offence while on bail, or

(c)
for the purpose of preventing that person from interfering with

witnesses or otherwise obstructing the course of justice, whether

in relation to himself or any other person, or

(d)
for that person’s own protection or, if he is a child or young

person, for his own welfare or in his own interests.”.

(2)
After section 3(8) of the Bail Act 1976 insert—

Notices of Amendments: 1 September 2011
2612

Terrorism Prevention and Investigation Measures Bill, continued

“(8ZA)
Where a chief officer of police has granted bail under section 41(10) of

the Terrorism Act 2000, the High Court may on application by or on

behalf of the person to whom bail was granted vary or discharge the

conditions of bail.

(8ZB)
In determining whether or not to vary or discharge the conditions of bail,

the High Court must be satisfied, in relation to each measure or

restriction, that it is necessary—

(a)
to secure that he surrenders to custody,

(b)
to secure that he does not commit an offence while on bail,

(c)
to secure that he does not interfere with witnesses or otherwise

obstruct the course of justice whether in relation to himself or to

any other person,

(d)
to secure his own protection or, of he is a child or a young person,

for his own welfare or in his own interests.”.’.

Scrutiny of the draft Enhanced Terrorism Prevention and Investigation Measures Bill

Dr Julian Huppert

Tom Brake

Greg Mulholland

Mr David Davis

NC10


To move the following Clause:—

‘(1)
The Secretary of State must establish an independent panel to scrutinise the draft

Enhanced Terrorism Prevention and Investigation Measures Bill (“the draft

Bill”).

(2)
The independent panel must prepare a report for the Secretary of State before the

end of six months after the day on which it is established.

(3)
The Secretary of State must lay the report of the panel before Parliament.’.

Dr Julian Huppert

Tom Brake

Greg Mulholland

Mr David Davis

22


Page  1,  line  5,  leave out Clause 2.

Secretary Theresa May

9


Page  7,  line  16  [Clause  12],  at end insert—

‘(3A)
An application under subsection (2) must be made in writing.

Notices of Amendments: 1 September 2011
2613

Terrorism Prevention and Investigation Measures Bill, continued

(3B)
The Secretary of State may by notice request the provision, within such period of

time as the notice may specify, of further information from the individual in

connection with an application under subsection (2).

(3C)
The Secretary of State is not required to consider an application further unless any

information requested under subsection (3B) is provided in accordance with the

notice mentioned in that subsection.’.

Secretary Theresa May

10


Page  8,  line  3  [Clause  13],  after ‘notice”)’ insert ‘at any time’.

Secretary Theresa May

11


Page  11,  line  41  [Clause  19],  at end insert—

‘(4)
Subject to subsection (5), this section does not require a report to be made in

relation to any time which falls after the Secretary of State’s TPIM powers have

expired or been repealed under section (Expiry and repeal of TPIM powers),

except for the period of 28 days referred to in section (Expiry and repeal of TPIM

powers: supplementary provision)(3).

(5)
If the Secretary of State’s TPIM powers are revived under section (Expiry and

repeal of TPIM powers)—

(a)
the reference in subsection (1)(a) above to the month in which this Act is

passed is to be read as a reference to the month in which the revival takes

effect; and

(b)
this section applies accordingly.’.

Secretary Theresa May

12


Page  12,  line  12  [Clause  20],  leave out from beginning to ‘before’ in line 13 and

insert ‘On receiving a report under subsection (4), the Secretary of State must lay a copy

of it’.

Secretary Theresa May

13


Page  12,  line  17  [Clause  20],  at end insert—

‘(7)
Subject to subsection (8), this section does not require a review to be carried out

in relation to any time which falls after the Secretary of State’s TPIM powers have

expired or been repealed under section (Expiry and repeal of TPIM powers),

except for the period of 28 days referred to in section (Expiry and repeal of TPIM

powers: supplementary provision)(3).

(8)
If the Secretary of State’s TPIM powers are revived under section (Expiry and

repeal of TPIM powers), the independent reviewer must carry out a review of the

operation of this Act in respect of—

(a)
the period which—

Notices of Amendments: 1 September 2011
2614

Terrorism Prevention and Investigation Measures Bill, continued

(i)
begins when the revival takes effect, and

(ii)
ends with the end of the calendar year in which the revival takes

effect; and

(b)
each subsequent calendar year.

(9)
In such a case, this section and the other provisions of this Act apply as if

references to a review under subsection (2) were references to a review under

subsection (8).’.

Secretary Theresa May

14


Page  12,  line  31  [Clause  21],  after ‘conviction’ insert ‘in England and Wales or

Northern Ireland’.

Secretary Theresa May

15


Page  12,  line  32  [Clause  21],  at end insert—

‘(c)
on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the statutory maximum,

or to both.’.

Shabana Mahmood

Edward Miliband

Yvette Cooper

Vernon Coaker

Ms Rosie Winterton

23


Page  15,  line  41  [Clause  27],  leave out subsection (2) and insert—

‘(2)
This Act comes into force on the day after both Houses of Parliament have passed

a resolution approving the report of the independent panel laid under section

[Scrutiny of the draft Enhanced Terrorism Prevention and Investigation

Measures Bill].

Paul Goggins

8


Page  15,  line  41  [Clause  27],  leave out from ‘Act’ to end of line and insert ‘will

come into force on 1 January 2013’.

Shabana Mahmood

Edward Miliband

Yvette Cooper

Vernon Coaker

Ms Rosie Winterton

20


Page  15,  line  41  [Clause  27],  leave out from ‘Act’ to end of line and insert ‘will

come into force the day after the Home Secretary reports to Parliament to confirm that

paragraphs (a), (b) and (c) below have been complied with—

(a)
no later than one month after the day on which this Act is passed, the

Senior National Co-ordinator for Counter-terrorism will produce a report

to the Home Secretary detailing the additional required resources

(“required resources”) that will be needed to manage the increased risks

Notices of Amendments: 1 September 2011
2615

Terrorism Prevention and Investigation Measures Bill, continued

arising from the repeal of the Prevention of Terrorism Act 2005 and the

passing of this Act;

(b)
no later than two months after the day on which this Act is passed the

Home Secretary will agree with the Senior National Co-ordinator for

Counter-terrorism the required resources under paragraph (a) and the

timetable for such required resources becoming deployable for use in

implementing and managing measures relating to TPIM notices;

(c)
this Act cannot come into force until the required resources as agreed

under paragraph (b) above are made available and ready for

deployment.’.

Secretary Theresa May

16


Page  16,  line  7  [Schedule  1],  leave out sub-paragraphs (1) and (2) and insert—

    ‘(1)
The Secretary of State may impose restrictions on the individual in relation to

the residence in which the individual resides.

      (2)
The Secretary of State may, in particular, impose any of the following—

(a)
a requirement to reside at a specified residence;

(b)
a requirement to give notice to the Secretary of State of the identity of

any other individuals who reside (or will reside) at the specified

residence;

(c)
a requirement, applicable overnight between such hours as are

specified, to remain at the specified residence.’.

Paul Goggins

Hazel Blears

Vernon Coaker

Shabana Mahmood

5


Page  16,  line  20  [Schedule  1],  leave out ‘must’ and insert ‘may’.

Paul Goggins

Hazel Blears

Vernon Coaker

Shabana Mahmood

6


Page  16,  line  24  [Schedule  1],  after ‘locality’, insert—

‘(c)
any other premises specified by the Secretary of State under section

2A(1)’.

Secretary Theresa May

17


Page  16,  line  30  [Schedule  1],  after ‘locality’ insert ‘in the United Kingdom’.

Notices of Amendments: 1 September 2011
2616

Terrorism Prevention and Investigation Measures Bill, continued

Secretary Theresa May

18


Page  17,  line  3  [Schedule  1],  leave out sub-paragraphs (7) to (9) and insert—

    ‘(7)
A requirement of the kind mentioned in sub-paragraph (2)(c) must include

provision to enable the individual to apply for the permission of the Secretary

of State to be away from the specified residence, for the whole or part of any

applicable period, on one or more occasions.

      (8)
The Secretary of State may grant such permission subject to either or both of

the following conditions—

(a)
the condition that the individual remains overnight at other agreed

premises between such hours as the Secretary of State may require;

(b)
the condition that the individual complies with such other restrictions

in relation to the individual’s movements whist away from the

specified residence as are so required.

      (9)
“Agreed premises” are premises in the United Kingdom which are agreed by

the Secretary of State and the individual.

    (10)
Sub-paragraph (8) is not to be read as limiting—

(a)
the generality of sub-paragraph (7) of paragraph 13 (power to impose

conditions when granting permission), or

(b)
the power to impose further conditions under that sub-paragraph in

connection with permission granted by virtue of sub-paragraph (7) of

this paragraph.

    (11)
In sub-paragraph (7) “applicable period” means a period for which the

individual is required to remain at the specified residence by virtue of a

requirement of the kind mentioned in sub-paragraph (2)(c).’.

Paul Goggins

Hazel Blears

Vernon Coaker

Shabana Mahmood

7


Page  18,  line  11  [Schedule  1],  at end insert—

‘(3)
A specified area or place or a specified description of an area or place may include

the individual’s own residence or a locality with which the individual has a

connection in accordance with paragraph 1(4)(a) and 1(4)(b).’.

Mr Pat McFadden

Hazel Blears

Paul Goggins

Shabana Mahmood

21


Page  20,  line  26  [Schedule  1],  leave out ‘must’ and insert ‘may’.



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