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| Terrorism Prevention and Investigation
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| [NINTH AND TENTH Sittings]
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| Clause 27, page 15, line 35, leave out from ‘Act’ to end of line and insert ‘will |
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| come into force the day after the Home Secretary reports to Parliament to confirm that |
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| paragraphs (a), (b) and (c) below have been complied with— |
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| | (a) | no later than one month after the day on which this Act is passed, the |
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| | Senior National Co-ordinator for Counter-terrorism will, in consultation |
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| | with other relevant police organisations and the security services, |
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| | produce a report to the Home Secretary detailing the additional required |
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| | resources (“required resources”) that will be needed to manage the |
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| | increased risks arising from the repeal of the Prevention of Terrorism Act |
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| | 2005 and the passing of this Act. |
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| | (b) | no later than two months after the day on which this Act is passed the |
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| | Home Secretary will agree with the Senior National Co-ordinator for |
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| | Counter-terrorism the required resources under paragraph (a) and the |
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| | timetable for such required resources becoming deployable for use in |
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| | implementing and managing measures relating to TPIM notices. |
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| | (c) | This Act cannot come into force until the required resources as agreed |
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| | under paragraph (b) above are made available and ready for |
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| Clause 27, page 15, line 35, at end insert— |
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| | ‘(2A) | Except in so far as otherwise provided under this clause, clause 2 and all other |
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| | consequential clauses in this Act will expire at the end of the period of 12 months |
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| | beginning with the day on which this Act comes into force. |
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| | (2B) | The Secretary of State may by order made by statutory instrument— |
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| | (b) | provide that clause 2 will not expire at the time when it would otherwise |
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| | expire under subsection (2A) of this clause but will continue in force after |
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| | that time for a period not exceeding one year. |
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| | (2C) | Before making an order under subsection (2B)(b) of this clause the Secretary of |
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| | (a) | the Independent Reviewer of Counter-Terrorism Legislation; |
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| | (c) | the security services. |
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| | (2D) | No order may be made by the Secretary of State under this clause unless a draft |
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| | of it has been laid before Parliament and approved by a resolution of each House. |
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| | (2E) | Subsection (2D) of this clause does not apply to an order that contains a |
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| | declaration by the Secretary of State that the order needs, by reason of urgency, |
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| | to be made without the approval required by subsection (2D). |
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| | (2F) | An order under this clause that contains such a declaration— |
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| | (a) | must be laid before Parliament after being made; and |
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| | (b) | if not approved by a resolution of each House before the end of 40 days |
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| | beginning with the day on which the order was made, ceases to have |
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| | effect at the end of that period. |
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| | (2G) | Where an order ceases to have effect in accordance with subsection (2F), that |
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| | (a) | affect anything previously done in reliance on the order; or |
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| | (b) | prevent the making of a new order to the same or similar effect.’. |
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| Clause 27, page 15, line 36, leave out ‘(subject to subsection (4))’. |
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| Clause 27, page 15, line 38, leave out subsection (4). |
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| Clause 27, page 15, line 42, leave out ‘any of the Channel Islands or’. |
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| | Clause, as amended, Agreed to. |
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| | Access to intelligence material |
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| To move the following Clause:— |
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| | ‘(1) | The Home Secretary will brief nominated representatives of Her Majesty’s |
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| | Official Opposition on the intelligence material relied upon by the Home |
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| | Secretary in pursuit of a TPIM notice under section 2 of this Act. |
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| | (2) | The Home Secretary will agree with Her Majesty’s Official Opposition the |
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| | mechanism for nomination of representatives under subsection (1). |
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| | (3) | The Home Secretary will consult with the Independent Reviewer of Counter- |
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| | Terrorism Legislation on the elements of the intelligence material referred to in |
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| | subsection (1) that must be included in the briefing to the nominated |
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| | (4) | The Home Secretary is not under an obligation to disclose all intelligence |
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| | material relied on in issuing a TPIM notice but must brief the nominated |
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| | representatives so that they have a sufficient understanding of the factors and |
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| | actions the Home Secretary has taken into consideration in pursuing a TPIM |
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| | notice against an individual.’. |
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| | Provisions in relation to individuals subject to control orders |
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| To move the following Clause:— |
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| | ‘(1) | The Home Secretary will, before the coming into force of this Act, review the |
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| | cases of all individuals who, as at the date of review, are subject to a control order |
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| | under the provisions of the Prevention of Terrorism Act 2005 (“current |
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| | (2) | In conducting this review the Home Secretary will consult with all appropriate |
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| | authorities, including the Independent Reviewer of Counter-Terrorism |
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| | Legislation, the Police and the security services. |
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| | (3) | If, as a result of the review, the Home Secretary is of the view that a current |
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| | controlee continues to pose a risk to the public, such that conditions A, C, D and |
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| | E of Clause 2 of this Act are met, then she may issue a TPIM notice on that |
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| | (4) | The time limit for any TPIM notice issued subject to paragraph 3 of this clause |
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| | will run from the date of the TPIM notice and, thereafter, the provisions of Clause |
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