House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28 June 2011
64

Terrorism Prevention and Investigation Measures Bill Continued

Dr Julian Huppert

64

Page  13,  line  2,  leave out Clause 24.

Dr Julian Huppert

65

Page  14,  line  1,  leave out Clause 25.

James Brokenshire

136


Schedule  7,  page  46,  line  35,  at end insert—

    ‘( )
Omit sections 78 to 81 (provision in relation to control orders).’.

James Brokenshire

137


Schedule  7,  page  47,  line  2,  at end insert—

    ‘( )
Omit—

(a)
section 56 (persons subject to control orders: powers of search and

seizure), and

(b)
section 58(16) (extent of section 56).’.

James Brokenshire

138


Schedule  7,  page  47,  leave out lines 3 to 5.

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

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.

Public Bill Committee: 28 June 2011
65

Terrorism Prevention and Investigation Measures Bill Continued

(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—

‘(a)
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,

(b)
the Secretary of State may by order made by statutory instrument—

(i)
repeal clause 2; or

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

otherwise expire under paragraph (a) of this clause but will

continue in force after that time for a period not exceeding one

year,

(c)
before making an order under paragraph (b)(ii) of this clause the

Secretary of State must consult—

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

(ii)
the police; and

(iii)
the security services,

(d)
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,

(e)
paragraph (d) 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 paragraph (d),

(f)
an order under this clause that contains such a declaration—

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

(ii)
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,

(g)
where an order ceases to have effect in accordance with paragraph (f),

that does not—

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

(ii)
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).

James Brokenshire

135


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

Public Bill Committee: 28 June 2011
66

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

Public Bill Committee: 28 June 2011
67

Terrorism Prevention and Investigation Measures Bill 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.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

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.

Public Bill Committee: 28 June 2011
68

Terrorism Prevention and Investigation Measures Bill Continued

(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

(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).’.



© Parliamentary copyright	Revised 28 June 2011