House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

77

House of Commons

Tuesday 5 July 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Terrorism Prevention and Investigation

Measures Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [21 June].

FALLEN AMENDMENTS

Under the authority of the Chair of the Committee, Amendments Nos. 31 to 114, 119

to 124 and New Clauses NC1 and NC2 have been removed from the Amendment paper,

having fallen as a result of proceedings in the Committee. The texts can be found in pages

35 to 52 of the Public Bill Committee Amendment paper, dated 23 June 2011.

Shabana Mahmood

Mr Gerry Sutcliffe

Mark Tami

126

Clause  27,  page  15,  line  35,  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, in consultation

with other relevant police organisations and the security services,

produce a report to the Home Secretary detailing the additional required

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

increased risks 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

Public Bill Committee: 5 July 2011
78

Terrorism Prevention and Investigation , continued

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.’.

Shabana Mahmood

Mr Gerry Sutcliffe

Mark Tami

141

Clause  27,  page  15,  line  35,  at end insert—

‘(2A)
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.

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

(a)
repeal clause 2; or

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

expire under subsection (2A) of this clause but will continue in force after

that time for a period not exceeding one year.

(2C)
Before making an order under subsection (2B)(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.

(2D)
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.

(2E)
Subsection (2D) 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 (2D).

(2F)
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.

(2G)
Where an order ceases to have effect in accordance with subsection (2F), 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.’.

James Brokenshire

133

Clause  27,  page  15,  line  36,  leave out ‘(subject to subsection (4))’.

James Brokenshire

134

Clause  27,  page  15,  line  38,  leave out subsection (4).

Public Bill Committee: 5 July 2011
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Terrorism Prevention and Investigation , continued

James Brokenshire

135

Clause  27,  page  15,  line  42,  leave out ‘any of the Channel Islands or’.

new clauses

Access to intelligence material

Shabana Mahmood

Mr Gerry Sutcliffe

Mark Tami

Hazel Blears

Paul Goggins

NC3

To move the following Clause:—

‘(1)
The Home Secretary will brief nominated representatives of Her Majesty’s

Official Opposition on the intelligence material relied upon by the Home

Secretary in pursuit of a TPIM notice under section 2 of this Act.

(2)
The Home Secretary will agree with Her Majesty’s Official Opposition the

mechanism for nomination of representatives under subsection (1).

(3)
The Home Secretary will consult with the Independent Reviewer of Counter-

Terrorism Legislation on the elements of the intelligence material referred to in

subsection (1) that must be included in the briefing to the nominated

representatives.

(4)
The Home Secretary is not under an obligation to disclose all intelligence

material relied on in issuing a TPIM notice but must brief the nominated

representatives so that they have a sufficient understanding of the factors and

actions the Home Secretary has taken into consideration in pursuing a TPIM

notice against an individual.’.

Provisions in relation to individuals subject to control orders

Shabana Mahmood

Mr Gerry Sutcliffe

Mark Tami

Hazel Blears

Paul Goggins

NC4

To move the following Clause:—

‘(1)
The Home Secretary will, before the coming into force of this Act, review the

cases of all individuals who, as at the date of review, are subject to a control order

under the provisions of the Prevention of Terrorism Act 2005 (“current

controlees”).

(2)
In conducting this review the Home Secretary will consult with all appropriate

authorities, including the Independent Reviewer of Counter-Terrorism

Legislation, the Police and the security services.

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Terrorism Prevention and Investigation , continued

(3)
If, as a result of the review, the Home Secretary is of the view that a current

controlee continues to pose a risk to the public, such that conditions A, C, D and

E of Clause 2 of this Act are met, then she may issue a TPIM notice on that

individual.

(4)
The time limit for any TPIM notice issued subject to paragraph 3 of this clause

will run from the date of the TPIM notice and, thereafter, the provisions of Clause

5 will apply.’.

Order of the House [7 JUNE 2011]

That the following provisions shall apply to the Terrorism Prevention and Investigation

Measures Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 5 July 2011.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [21 June 2011]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

21 June meet—

(a)
at 4.00 pm on Tuesday 21 June;

(b)
at 9.00 am and 1.00 pm on Thursday 23 June;

(c)
at 10.30 am and 4.00 pm on Tuesday 28 June;

(d)
at 9.00 am and 1.00 pm on Thursday 30 June;

(e)
at 10.30 am and 4.00 pm on Tuesday 5 July;

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

Public Bill Committee: 5 July 2011
81

Terrorism Prevention and Investigation , continued

      TABLE

Date
Time
Witness

Tuesday 21 June
Until no later
The Association of Chief Police

than 11.30 am
Officers; Keir Starmer QC, Director

of Public Prosecutions

Tuesday 21 June
Until not later
Lord Howard of Lympne QC; Lord

than 12.15 pm
Carlile of Berriew QC (former

independent reviewer of terrorism

legislation)

Tuesday 21 June
Until no later
Lord Macdonald of River Glaven QC

than 4.45 pm
(independent reviewer of the review

of counter-terrorism and security

powers); Angus McCullough QC and

Judith Farbey QC (Special

Advocates)

Tuesday 21 June
Until no later
Liberty; JUSTICE; Helen Bamber

than 5.30 pm
Foundation

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 and 2; Schedule 1; Clauses 3 to 7; Schedule 2;

Clauses 8 to 15; Schedule 3; Clauses 16 to 18; Schedule 4; Clauses 19 to 22;

Schedule 5; Clause 23; Schedule 6; Clauses 24 and 25; Schedules 7 and 8;

Clauses 26 and 27; new Clauses; new Schedules; remaining proceedings on

the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 pm on Tuesday 5 July.



© Parliamentary copyright	Revised 5 July 2011