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17

 

House of Commons

 
 

Tuesday 5 July 2011

 

Public Bill Committee Proceedings

 

Terrorism Prevention and Investigation


 

Measures Bill


 

[NINTH AND TENTH Sittings]


 

Schedule 8 Agreed to.

 

Clause 26 Agreed to.

 

Shabana Mahmood

 

Mr Gerry Sutcliffe

 

Mark Tami

 

Withdrawn  126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.

 

(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

 

Not called  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—


 
 

Public Bill Committee Proceedings: 5 July 2011            

18

 

Terrorism Prevention and Investigation Measures Bill , continued

 
 

(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

 

Agreed to  133

 

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

 

James Brokenshire

 

Agreed to  134

 

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

 

James Brokenshire

 

Agreed to  135

 

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

 

Clause, as amended, Agreed to.

 



 
 

Public Bill Committee Proceedings: 5 July 2011            

19

 

Terrorism Prevention and Investigation Measures Bill , continued

 
 

new clauses

 

Access to intelligence material

 

Shabana Mahmood

 

Mr Gerry Sutcliffe

 

Mark Tami

 

Hazel Blears

 

Paul Goggins

 

Withdrawn  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

 

Not moved  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.

 

(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.’.


 
 

Public Bill Committee Proceedings: 5 July 2011            

20

 

Terrorism Prevention and Investigation Measures Bill , continued

 
 

Bill, as amended, to be reported.

 


 
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