House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

9

House of Commons

Tuesday 21 June 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 Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Wednesday 15 June (Standing Order

No. 83C):

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:

      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

Public Bill Committee: 21 June 2011
10

Terrorism Prevention and Investigation , continued

(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.

James Brokenshire has given notice of his intention to move a motion in the terms of

the Resolution of the Programming Sub-Committee [Standing Order No. 83C].

James Brokenshire

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

James Brokenshire

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

Public Bill Committee: 21 June 2011
11

Terrorism Prevention and Investigation , continued

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

9


Page  1,  line  2,  leave out Clause 1.

Dr Julian Huppert

118


Clause  2,  page  1,  line  6,  leave out from ‘may’ to end of line 8 and insert ‘apply to

the High Court for a terrorism prevention and investigation measures notice (a “TPIM”

notice) in relation to an individual if conditions A to C in section 3 are met.

(1A)
The High Court may grant a TPIM notice in accordance with section 6.

(1B)
A TPIM notice is a notice which specifies that a particular individual may be

released from police custody on bail with specified terrorism prevention and

investigation measures (“TPIMs”) imposed where—

(a)
the individual has been arrested for a terrorism-related offence;

(b)
the relevant custody officer determines that there is insufficient evidence

with which to charge the individual with the offence;

(c)
there is a need for further investigation of any matter in connection with

which he was detained; and

(d)
it appears necessary for TPIMs to be imposed in order to prevent the

individual from engaging in any of the activities listed in subsection (4).

(1C)
Activities in relation to subsection (1B) are—

(a)
failing to surrender to custody;

(b)
committing an offence while on bail;

(c)
interfering with witnesses or otherwise obstructing the course of justice,

whether in relation to himself or any other person;

(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.’.

Hazel Blears

Paul Goggins

Mr Gerry Sutcliffe

20


Clause  2,  page  1,  line  6,  leave out ‘notice (a “TPIM notice”)’ and insert ‘a mini

control order notice (“MCON”)’.

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

10


Clause  2,  page  1,  line  6,  leave out ‘TPIM’ and insert ‘control order’.

Public Bill Committee: 21 June 2011
12

Terrorism Prevention and Investigation , continued

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

11


Clause  2,  page  1,  line  6,  leave out ‘specified terrorism prevention and investigation

measures’ and insert ‘a control order’.

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

12


Clause  2,  page  1,  line  9,  leave out ‘terrorism prevention and investigation

measures’ and insert ‘a control order’.

Hazel Blears

Paul Goggins

Mr Gerry Sutcliffe

116


Clause  2,  page  1,  line  9,  leave out ‘terrorism prevention and investigation

measures’ and insert ‘mini control order’.

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

13


Clause  2,  page  1,  line  13,  leave out ‘TPIM’ and insert ‘control order’.

Hazel Blears

Paul Goggins

Mr Gerry Sutcliffe

22


Clause  2,  page  1,  line  13,  leave out ‘TPIM’ and insert ‘MCON’.

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

19


Clause  2,  page  1,  line  14,  at end add—

    ‘(4)
In exercising powers under this section, the Secretary of State must take into

consideration—

(a)
national security;

(b)
the level of risk posed by the individual; and

(c)
public safety.’.

Public Bill Committee: 21 June 2011
13

Terrorism Prevention and Investigation , continued

Hazel Blears

Paul Goggins

Mr Gerry Sutcliffe

23


Clause  2,  page  1,  line  14,  at end add—

‘(4)
In imposing any terrorism prevention and investigation measures the Secretary of

State must have regard to—

(a)
the safeguarding of national security;

(b)
the protection of the general public;

(c)
the risk posed by the person subject to the TPIM notice to the general

public; and

(d)
the ability and the capacity of the police and the security services to

protect and safeguard the general public.’.

Dr Julian Huppert

117


Page  1,  line  5,  leave out Clause 2.

Dr Julian Huppert

66


Schedule  1,  page  16,  line  7,  leave out ‘Secretary of State’ and insert ‘chief officer

of the appropriate police force’.

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

14


Schedule  1,  page  16,  line  8,  after ‘a’, insert ‘curfew’.

Paul Goggins

Mr Gerry Sutcliffe

Hazel Blears

Shabana Mahmood

3


Schedule  1,  page  16,  line  8,  leave out ‘overnight or at particular times overnight’

and insert ‘at any time but not exceeding 16 hours in any 24’.

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

15


Schedule  1,  page  16,  line  10,  at beginning insert ‘curfew’.

Public Bill Committee: 21 June 2011
14

Terrorism Prevention and Investigation , continued

Paul Goggins

Mr Gerry Sutcliffe

Hazel Blears

Shabana Mahmood

4


Schedule  1,  page  16,  line  10,  leave out ‘overnight or at particular times overnight’

and insert ‘at any time but not exceeding 16 hours in any 24’.

Paul Goggins

Mr Gerry Sutcliffe

Hazel Blears

Shabana Mahmood

5


Schedule  1,  page  16,  line  11,  at end insert—

‘(1A)
For the purpose of sub-paragraph 1(1) the meaning of overnight shall be from

6.00 pm to 10.00 am.’.

Paul Goggins

Mr Gerry Sutcliffe

Hazel Blears

Shabana Mahmood

6


Schedule  1,  page  16,  line  11,  at end insert—

‘(1A)
For the purpose of sub-paragraph 1(1) the meaning of overnight shall be from

6.00 pm to 8.00 am.’.

Paul Goggins

Mr Gerry Sutcliffe

Hazel Blears

Shabana Mahmood

7


Schedule  1,  page  16,  line  11,  at end insert—

‘(1A)
For the purpose of sub-paragraph 1(1) the meaning of overnight shall be from

6.00 pm to 6.00 am.’.

Dr Julian Huppert

67


Schedule  1,  page  16,  line  12,  leave out ‘Secretary of State’ and insert ‘chief officer

of the appropriate police force’.

Hazel Blears

Paul Goggins

Mr Gerry Sutcliffe

24


Schedule  1,  page  16,  line  21,  leave out ‘must’ and insert ‘may’.

Dr Julian Huppert

68


Schedule  1,  page  16,  line  23,  leave out ‘Secretary of State’ and insert ‘chief officer

of the appropriate police force’.

Public Bill Committee: 21 June 2011
15

Terrorism Prevention and Investigation , continued

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

16


Schedule  1,  page  16,  line  24,  leave out ‘or an agreed locality’.

Paul Goggins

Mr Gerry Sutcliffe

Hazel Blears

Shabana Mahmood

8


Schedule  1,  page  16,  line  24,  at end insert ‘or

(c)
premises provided by or on behalf of the Secretary of State other than

those referred to in (3)(b).’.

Hazel Blears

Paul Goggins

Mr Gerry Sutcliffe

25


Schedule  1,  page  16,  line  25,  leave out ‘is’ and insert ‘may be’.

Hazel Blears

Paul Goggins

Mr Gerry Sutcliffe

26


Schedule  1,  page  16,  line  30,  leave out from ‘if’ to ‘connection’.

Dr Julian Huppert

69


Schedule  1,  page  16,  line  31,  leave out ‘Secretary of State’ and insert ‘chief officer

of the appropriate police force’.

Paul Goggins

Mr Gerry Sutcliffe

Hazel Blears

Shabana Mahmood

1


Schedule  1,  page  16,  line  31,  at end insert—

‘(d)
Except that if the individual has his own residence or a connection with

a particular locality but is considered to pose a serious threat to the public

if he resides there, an appropriate locality is any locality that appears to

the Secretary of State to be appropriate.’.

Mr Gerry Sutcliffe

Shabana Mahmood

Hazel Blears

Paul Goggins

Mark Tami

17


Schedule  1,  page  16,  line  32,  leave out sub-paragraph (5).



© Parliamentary copyright	Revised 21 June 2011