House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

2763

House of Commons

Monday 5 September 2011

Consideration of Bill

Terrorism Prevention and Investigation Measures Bill, As Amended

New Clauses

Expiry and repeal of TPIM powers

Secretary Theresa May

NC3

To move the following Clause:—

‘(1)
Except so far as otherwise provided under this section, the Secretary of State’s

TPIM powers expire at the end of 5 years beginning with the day on which this

Act is passed.

(2)
The Secretary of State may, by order made by statutory instrument—

(a)
repeal the Secretary of State’s TPIM powers;

(b)
at any time revive the Secretary of State’s TPIM powers for a period not

exceeding 5 years;

(c)
provide that the Secretary of State’s TPIM powers—

(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

5 years.

(3)
Before making an order under this section the Secretary of State must consult—

(a)
the independent reviewer appointed for the purposes of section 20;

(b)
the Intelligence Services Commissioner; and

(c)
the Director-General of the Security Service.

(4)
An order under this section may not be made unless a draft of it has been laid

before Parliament and approved by a resolution of each House.

(5)
Subsection (4) 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.

(6)
An order 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.

Consideration of Bill: 5 September 2011
2764

Terrorism Prevention and Investigation Measures Bill, continued

(7)
Where an order ceases to have effect in accordance with subsection (6), 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.

(8)
In this section—

“40 days” means 40 days computed as provided for in section 7(1) of the

Statutory Instruments Act 1946;

“Secretary of State’s TPIM powers” means—

(a)
the power to impose a TPIM notice under section 2;

(b)
the power to extend a TPIM notice under section 5(2);

(c)
the power to vary a TPIM notice under section 12(1)(c); and

(d)
the power to revive a TPIM notice under section 13(6) to (9).’.

Section (Expiry and repeal of TPIM powers): supplementary provision

Secretary Theresa May

NC4

To move the following Clause:—

‘(1)
This section applies if the Secretary of State’s TPIM powers expire or are

repealed under section (Expiry and repeal of TPIM powers).

(2)
A TPIM notice which is in force immediately before expiry or repeal is to—

(a)
continue in force for the period of 28 days beginning with expiry or

repeal; and

(b)
be treated as if revoked by the Secretary of State at the end of that period.

(3)
Subsection (2)(a) is subject to—

(a)
any variation under section 12(1)(a) or (b), and

(b)
any revocation or quashing.

(4)
Except as provided for in subsection (5) or (6), TPIM proceedings may neither

continue nor be begun after expiry or repeal.

(5)
TPIM proceedings of a kind set out in subsection (7) may continue, or be begun,

after expiry or repeal, but only for the purpose of determining one or more of the

following matters—

(a)
whether a TPIM notice should be quashed;

(b)
whether measures imposed by a TPIM notice should be quashed;

(c)
whether to make a declaration under paragraph 4(4) of Schedule 2.

(6)
Proceedings for an award of damages or other relief arising out of any TPIM

proceedings of a kind set out in subsection (7)(a) to (c) may continue, or be begun,

after expiry or repeal.

(7)
The TPIM proceedings referred to in subsections (5) and (6) are—

(a)
a reference made under paragraph 3 of Schedule 2 before expiry or

repeal;

(b)
a hearing in pursuance of directions under section 8(2) or 8(5);

(c)
an appeal under section 16;

(d)
an appeal, or further appeal, relating to a decision in any proceedings

mentioned in any of paragraphs (a) to (c).

Consideration of Bill: 5 September 2011
2765

Terrorism Prevention and Investigation Measures Bill, continued

(8)
If, after expiry of the Secretary of State’s TPIM powers, the powers are revived

under section (Expiry and repeal of TPIM powers)(2)(b)—

(a)
all TPIM notices, including any which were in force before expiry, are to

be taken into account in determining whether there is new terrorism-

related activity for the purposes of section 3(6);

(b)
the expiry of those powers does not prevent them from being exercised

after revival in relation to any TPIM notice which—

(i)
expired or was revoked before the expiry of the powers or during

the relevant 28 day period, or

(ii)
is, in accordance with subsection (2)(b) of this section, treated as

if revoked at the end of the relevant 28 day period;


and for this purpose “relevant 28 day period” means the period of 28 days

beginning with the expiry of the powers that is mentioned in subsection

(2)(b).’.

Temporary power for imposition of enhanced measures

Secretary Theresa May

NC5

To move the following Clause:—

‘(1)
If the Secretary of State considers that it is necessary to do so by reason of

urgency, the Secretary of State may make a temporary enhanced TPIM order

during any period that—

(a)
begins with the dissolution of Parliament, and

(b)
ends with the first Queen’s Speech of the Parliament which first meets

after that dissolution.

(2)
A temporary enhanced TPIM order is an order which makes provision for, or in

connection with, giving the Secretary of State power to impose enhanced

measures by notice on individuals whom the Secretary of State is satisfied, on the

balance of probabilities, are, or have been, involved in terrorism-related activity.

(3)
An enhanced measure is a requirement, restriction or other provision which is of

any of the following kinds—

(a)
a restriction on an individual in relation to the residence in which the

individual resides, including—

(i)
a requirement to reside at a specified residence in the United

Kingdom;

(ii)
a requirement not to allow others to reside at that residence

without the permission of the Secretary of State;

(iii)
a requirement, applicable between specified hours, to remain at

that residence;

(b)
a restriction on an individual in relation to leaving a specified area;

(c)
a requirement, restriction or other provision which corresponds to

provision within any of these paragraphs of Schedule 1—

(i)
paragraphs 2 to 6;

(ii)
paragraph 7(1) and (2) and (4) to (6);

(iii)
paragraphs 9 to 12;

Consideration of Bill: 5 September 2011
2766

Terrorism Prevention and Investigation Measures Bill, continued

(d)
a requirement, restriction or other provision which corresponds to

provision within paragraph 8(1) of Schedule 1 (as read with paragraph

8(3) of that Schedule), including—

(i)
a requirement not to associate or communicate with other

persons without the permission of the Secretary of State, which

includes provision allowing the individual (without seeking

permission) to associate and communicate with such persons or

descriptions of persons as the Secretary of State may specify;

(ii)
a requirement to give notice to the Secretary of State before

associating or communicating with other persons, which

includes provision allowing the individual (without giving

notice) to associate and communicate with such persons, or

descriptions of persons, as are specified.

(iii)
a requirement of the kind referred to in sub-paragraph (c) of

paragraph 8(2) of Schedule 1, which may in particular relate to

association or communication which is allowed by virtue of

provision of the kind referred to in sub-paragraph (i) or (ii)

above;

(e)
provision which corresponds to provision within Part 2 of Schedule 1;


and for this purpose “specified” means specified by the Secretary of State in an

enhanced TPIM notice.

(4)
Except as provided for in subsections (5) to (10), the provision made by a

temporary enhanced TPIM order must correspond to the relevant provisions of

this Act.

(5)
A temporary enhanced TPIM order—

(a)
must secure that enhanced TPIM notices and standard TPIM notices are

separate notices;

(b)
must secure that, at any particular time, an enhanced TPIM notice and a

standard TPIM notice are not both in force in relation to a particular

individual; and

(c)
may secure that the application of a temporary enhanced TPIM order to

a particular individual does not affect the application of this Act to that

individual (and vice versa).

(6)
The provision of a temporary enhanced TPIM order which corresponds to section

3 must include appropriate variations from the provision contained in that section

to secure—

(a)
that condition A is replaced by a condition which secures that the

enhanced TPIM power may not be exercised in relation to an individual

unless the Secretary of State is satisfied, on the balance of probabilities,

that the individual is, or has been, involved in terrorism-related activity;

and

(b)
that condition D is replaced by a condition which secures both—

(i)
the same result as condition D, and

(ii)
that the enhanced TPIM power may not be exercised in relation

to an individual unless some or all of the measures imposed by

the enhanced TPIM notice are measures that may not be imposed

by a standard TPIM notice.

(7)
The provision of a temporary enhanced TPIM order which corresponds to section

5(1) must include appropriate variations from the provision contained in that

subsection to secure that each enhanced TPIM notice ceases to be in force at the

time when the enhanced TPIM power ceases to have effect in accordance with

section (Temporary power: supplementary provision)(1) (subject to earlier

revocation or quashing of the notice).

Consideration of Bill: 5 September 2011
2767

Terrorism Prevention and Investigation Measures Bill, continued

(8)
The provision of a temporary enhanced TPIM order which corresponds to

Schedule 1 must include appropriate variations from the provision contained in

that Schedule to secure that it is enhanced measures which the Secretary of State

has power to impose.

(9)
A temporary enhanced TPIM order may make appropriate provision (including

appropriate variations from the provision contained in the relevant provisions of

this Act) in consequence of, or in connection with, the creation, in accordance

with this section, of the enhanced TPIM power.

(10)
A temporary enhanced TPIM order may make appropriate provision for the

purposes of securing that transitional and saving provision relating to a temporary

enhanced TPIM order ceasing to have effect may be made (including provision

for enhanced TPIM notices to continue in force for a period, which does not

exceed 28 days, after the enhanced TPIM power ceases to have effect).

(11)
The provision that may be made by a temporary enhanced TPIM order includes—

(a)
provision amending any enactment (including an enactment contained in

this Act);

(b)
provision applying (with or without modifications) any enactment

(including an enactment contained in this Act);

(c)
provision conferring functions on the Secretary of State or any other

person (including, in the case of the Secretary of State or any other

Minister of the Crown, functions of a legislative nature).’.

Temporary power: supplementary provision

Secretary Theresa May

NC6

To move the following Clause:—

‘(1)
A temporary enhanced TPIM order, except for designated transitional and saving

provision, ceases to have effect—

(a)
at the end of the period of 90 days beginning with the day on which the

Secretary of State makes the order, or

(b)
at such earlier time (if any) as is specified in the order.

(2)
The Secretary of State may by order revoke some or all of a temporary enhanced

TPIM order if the Secretary of State considers it appropriate to do so (whether or

not the Secretary of State would have power to make a temporary enhanced TPIM

order by virtue of section (Temporary power for imposition of enhanced

measures)(1)).

(3)
As soon as practicable after making—

(a)
a temporary enhanced TPIM order, or

(b)
an order revoking any provision of a temporary enhanced TPIM order,


the Secretary of State must lay before each House of Parliament a copy of the

order that has been made.

(4)
Anything which has been done by virtue of a temporary enhanced TPIM order is

not affected by the temporary enhanced TPIM order ceasing to have effect.

(5)
In section (Temporary power for imposition of enhanced measures) and this

section—

“appropriate”, in relation to variations, or other provision, means such

variations, or such other provision, as the Secretary of State considers

appropriate;

Consideration of Bill: 5 September 2011
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Terrorism Prevention and Investigation Measures Bill, continued

“designated transitional and saving provision” means provision of a

temporary enhanced TPIM order which is designated, in a temporary

enhanced TPIM order, as transitional and saving provision for the

purposes of this section;

“enactment” includes—

(e)
an enactment contained in subordinate legislation within the

meaning of the Interpretation Act 1978,

(f)
an enactment contained in, or in an instrument made under, an

Act of the Scottish Parliament,

(g)
an enactment contained in, or in an instrument made under,

Northern Ireland legislation, and

(h)
an enactment contained in, or in an instrument made under, a

Measure or Act of the National Assembly for Wales;

“enhanced measure” has the meaning given in section (Temporary power

for imposition of enhanced measures)(3);

“enhanced TPIM notice” means notice by which the enhanced TPIM power

is exercised;

“enhanced TPIM power” means the power to impose enhanced measures

that is referred to in section (Temporary power for imposition of

enhanced measures)(2);

“relevant provisions of this Act” mean all the provisions of this Act, apart

from—

(i)
section 1 (abolition of control orders),

(j)
section 5(2) and (3) (extension of TPIM notices),

(k)
section 13(6)(a) (revival of TPIM notice after expiry),

(l)
sections (Expiry and repeal of TPIM powers) (expiry and repeal

of TPIM powers) and section (section (Expiry and repeal of

TPIM powers): supplementary provision) (section (Expiry and

repeal of TPIM powers): supplementary provision),

(m)
section (Temporary power for imposition of enhanced measures)

and this section,

(n)
section 25 (financial and supplemental provision,

(o)
section 27(1) and (2) (short title and commencement), and

(p)
Schedules 7 (minor and consequential amendments) and 8

(transitional and saving provision);

“standard TPIM notice” means a notice under section 2;

“temporary enhanced TPIM order” has the meaning given in section

(Temporary power for imposition of enhanced measures)(2).’.

Relocation of terrorist suspects

Hazel Blears

Paul Goggins

Vernon Coaker

Shabana Mahmood

NC1

To move the following Clause:—

Consideration of Bill: 5 September 2011
2769

Terrorism Prevention and Investigation Measures Bill, continued

‘The Secretary of State may include in a TPIM Notice a requirement that an

individual shall reside at a specified address in any place in the United Kingdom

if the conditions in paragraphs (a) or (b) are met—

(a)
the Secretary of State must reasonably believe that the individual is more

likely to be involved in terrorism-related activity if he resides at his own

residence, or

(b)
the individual is more likely to be involved in terrorism-related activity

if he resides in a locality in the United Kingdom with which he has a

connection.’.

Relocation of terrorist suspects (No. 2)

Edward Miliband

Yvette Cooper

Shabana Mahmood

Vernon Coaker

Ms Rosie Winterton

NC2

To move the following Clause:—

‘(1)
The Secretary of State may impose a requirement for relocation on the individual

if the Secretary of State has a reasonable belief that the individual will engage in

terrorism-related activity if the individual remains at their current location.

(2)
The individual may be relocated for residence purposes to a locality deemed

appropriate by the Secretary of State and in line with this locality being a place or

area of a specifed description.

(3)
This measure may remain in place for the duration of the TPIM.’.

Annual renewal

Shabana Mahmood

Edward Miliband

Yvette Cooper

Vernon Coaker

Ms Rosie Winterton

NC7

To move the following Clause:—

‘(1)
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.

(2)
The Secretary of State may by order made by statutory instrument—

(a)
repeal Clause 2 and all other consequential clauses in this Act; or

(b)
provide that Clause 2 will not expire at the time when it would otherwise

expire under subsection (1) of this Clause but will continue in force after

that time for a period not exceeding one year.



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