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Public Bill Committee: 23 June 2011                     

47

 

Terrorism Prevention and Investigation Measures Bill continued

 
 

(i)    

failing to surrender to custody;

 

(ii)    

committing an offence while on bail;

 

(iii)    

interfering with witnesses or otherwise obstructing the course of

 

justice, whether in relation to himself or any other person;

 

(iv)    

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

 

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

 

(e)    

When imposing terrorism prevention and investigation measures under

 

subsection (b) a chief officer must issue the individual concerned with a

 

terrorism prevention and investigation measures certificate (“TPIMs

 

certificate”) containing the measures imposed.

 

(f)    

In this Act “terrorism prevention and investigation measures” means

 

requirements, restrictions and other provision which may be made in

 

relation to an individual by virtue of Schedule 1 (terrorism prevention

 

and investigation measures).

 

(g)    

In this section and Part 1 of Schedule 1 “specified” means specified in the

 

TPIM certificate.’.

 


 

Dr Julian Huppert

 

45

 

Clause  11,  page  6,  line  44,  leave out ‘C and D’ and insert ‘A, B and C’.

 


 

Dr Julian Huppert

 

46

 

Clause  12,  page  7,  line  3,  leave out ‘The Secretary of State’ and insert ‘A chief

 

officer of police’.

 

Dr Julian Huppert

 

47

 

Clause  12,  page  7,  line  4,  leave out ‘notice’ and insert ‘certificate’.

 

Dr Julian Huppert

 

48

 

Clause  12,  page  7,  line  7,  leave out paragraph (c) and insert—

 

‘(c)    

the chief officer of police reasonably considers that the variation is

 

necessary for the purposes set out in section 10A(3)(e).’.

 

Dr Julian Huppert

 

49

 

Clause  12,  page  7,  line  10,  leave out ‘notice’ and insert ‘certificate’.

 

Dr Julian Huppert

 

50

 

Clause  12,  page  7,  line  11,  leave out ‘Secretary of State for the’ and insert ‘High

 

Court for the discharge or’.


 
 

Public Bill Committee: 23 June 2011                     

48

 

Terrorism Prevention and Investigation Measures Bill continued

 
 

Dr Julian Huppert

 

51

 

Clause  12,  page  7,  line  12,  leave out ‘Secretary of State’ and insert ‘High Court’.

 

Dr Julian Huppert

 

52

 

Clause  12,  page  7,  line  17,  leave out subsections (6) and (7).

 


 

Dr Julian Huppert

 

53

 

Page  7,  line  28,  leave out Clause 13.

 


 

Dr Julian Huppert

 

54

 

Page  8,  line  18,  leave out Clause 14.

 


 

Dr Julian Huppert

 

55

 

Page  9,  line  4,  leave out Clause 15.

 


 

Dr Julian Huppert

 

56

 

Page  9,  line  27,  leave out Clause 16.

 


 

Dr Julian Huppert

 

57

 

Page  10,  line  38,  leave out Clause 17.

 



 
 

Public Bill Committee: 23 June 2011                     

49

 

Terrorism Prevention and Investigation Measures Bill continued

 
 

Dr Julian Huppert

 

58

 

Page  11,  line  11,  leave out Clause 18.

 


 

Dr Julian Huppert

 

59

 

Clause  19,  page  11,  line  28,  leave out subsection (a) and insert—

 

‘(a)    

to apply to the High Court for a TPIMs notice under section 2;’.

 

Dr Julian Huppert

 

60

 

Clause  19,  page  11,  line  30,  leave out subsections (c), (d) and (e).

 


 

Dr Julian Huppert

 

61

 

Clause  21,  page  12,  line  15,  leave out subsections (a) and (b) and insert—

 

‘(a)    

a TPIM notice is in force in relation to an individual;

 

(b)    

the individual has been arrested and released without charge on police

 

bail with terrorism prevention and investigation measures attached;

 

(c)    

the individual contravenes, without reasonable excuse, measures

 

specified in the TPIMs certificate.’.

 


 

Dr Julian Huppert

 

62

 

Page  12,  line  32,  leave out Clause 22.

 


 

Dr Julian Huppert

 

63

 

Page  12,  line  34,  leave out Clause 23.

 


 

Dr Julian Huppert

 

64

 

Page  13,  line  2,  leave out Clause 24.

 



 
 

Public Bill Committee: 23 June 2011                     

50

 

Terrorism Prevention and Investigation Measures Bill continued

 
 

Dr Julian Huppert

 

65

 

Page  14,  line  1,  leave out Clause 25.

 


 

Shabana Mahmood

 

Mr Gerry Sutcliffe

 

Mark Tami

 

115

 

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

 

‘(2A)    

Except so far as otherwise provided under this section, sections 1 to 27 expire at

 

the end of the period of 12 months beginning with the day on which this Act is

 

passed.

 

(2B)    

The Secretary of State may, by order made by statutory instrument—

 

(a)    

repeal sections 1 to 27;

 

(b)    

at any time revive those sections for a period not exceeding one year; or

 

(c)    

provide that those sections—

 

(i)    

are not to expire at the time when they would otherwise expire

 

under subsection (1) or in accordance with an order under this

 

subsection; but

 

(ii)    

are to continue in force after that time for a period not exceeding

 

one year.

 

(2C)    

Before making an order under this section the Secretary of State must consult—

 

(a)    

the person appointed for the purposes of section 14(2);

 

(b)    

the Intelligence Services Commissioner; and

 

(c)    

the Director-General of the Security Service.

 

(2D)    

No order may be made by the Secretary of State under this section unless a draft

 

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

 

(2E)    

Subsection (2D) 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 that subsection.

 

(2F)    

An order under this section 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 have 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.

 

(2H)    

Where sections 1 to 27 expire or are repealed at any time by virtue of this section

 

that does not prevent or otherwise affect—

 

(a)    

the court’s consideration of a reference made before that time under

 

subsection (3)(a) of section 3;

 

(b)    

the holding or continuation after that time of any hearing in pursuance of

 

directions under subsection (2)(c) or (6)(b) or (c) of that section;

 

(c)    

the holding or continuation after that time of a hearing to determine

 

whether to confirm a derogating control order (with or without

 

modifications); or


 
 

Public Bill Committee: 23 June 2011                     

51

 

Terrorism Prevention and Investigation Measures Bill continued

 
 

(d)    

the bringing or continuation after that time of any appeal, or further

 

appeal, relating to a decision in any proceedings mentioned in paragraphs

 

(a) to (c) of this subsection; but proceedings may be begun or continued

 

by virtue of this subsection so far as they are for the purpose of

 

determining whether a certificate of the Secretary of State, a control order

 

or an obligation imposed by such an order should be quashed or treated

 

as quashed.

 

(2I)    

Nothing in this Act about the period for which a control order is to have effect or

 

is renewed enables such an order to continue in force after the provision under

 

which it was made or last renewed has expired or been repealed by virtue of this

 

section.

 

(2J)    

In subsection (2F) “40 Days” means 40 days computed as provided for in section

 

7(1) of the Statutory Instruments Act 1946 (c.36).’.

 


 

New clauses

 

Amendments to Terrorism Act 2000

 

Dr Julian Huppert

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Terrorism Act 2000 shall be amended as follows.

 

(2)    

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—

 

(a)    

he reasonably believes there is a need for further investigation of

 

any matter in connection with which the individual was detained;

 

and

 

(b)    

he has been notified by the Secretary of State that a TPIM notice

 

has been granted and is in force in relation to the individual.”’.

 


 

Amendments to Bail Act 1976

 

Dr Julian Huppert

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Bail Act 1976 shall be amended as follows.

 

(2)    

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.


 
 

Public Bill Committee: 23 June 2011                     

52

 

Terrorism Prevention and Investigation Measures Bill continued

 
 

(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)    

Subsections (6ZAA), (6ZA) and (6A) to (6F) shall be omitted.

 

(5)    

Terrorism prevention and investigation measures as contained in

 

Schedule 1 to the Terrorism Prevention and Investigation Measures Act

 

2011 may be imposed by a chief officer of police as bail conditions.

 

(6)    

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.

 

(7)    

For subsection 8 substitute—

 

“(8)    

Where a chief officer of police has granted bail under section

 

41(10) of the Terrorism Act 2000 and imposed terrorism

 

prevention and investigation measures in accordance with

 

section 10 of the Terrorism Prevention and Investigation Act

 

2011, 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 contained in a Terrorism Prevention and

 

Investigation Measures certificate (“TPIMs certificate”) in

 

accordance with this subsection.

 

(8A)    

In determining whether or not to vary or discharge the conditions

 

of bail as contained in the TPIMs certificate, 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 any other person;

 

(d)    

to secure his own protection or, if he is a child or a young

 

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

 


 
 

Public Bill Committee: 23 June 2011                     

53

 

Terrorism Prevention and Investigation Measures Bill continued

 
 

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:

 

      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

 

 
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Revised 23 June 2011