Session 2010 - 12
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Consideration of Bill: 5 September 2011                  

2770

 

Terrorism Prevention and Investigation Measures Bill, continued

 
 

(3)    

Before making an order under subsection (2)(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.

 

(4)    

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.

 

(5)    

Subsection (4) 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 (4).

 

(6)    

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.

 

(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.’.

 


 

Police bail following detention under Terrorism Act 2000: general

 

Dr Julian Huppert

 

Tom Brake

 

Greg Mulholland

 

Mr David Davis

 

Caroline Lucas

 

NC8

 

To move the following Clause:—

 

‘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 he reasonably believes there

 

is a need for further investigation of any matter in connection with which

 

the individual was detained.”.’.

 



 
 

Consideration of Bill: 5 September 2011                  

2771

 

Terrorism Prevention and Investigation Measures Bill, continued

 
 

Police bail following detention under Terrorism Act 2000: limitations

 

Dr Julian Huppert

 

Tom Brake

 

Greg Mulholland

 

Mr David Davis

 

Caroline Lucas

 

NC9

 

To move the following Clause:—

 

‘(1)    

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.

 

(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)    

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.”.

 

(2)    

After section 3(8) of the Bail Act 1976 insert—

 

“(8ZA)    

Where a chief officer of police has granted bail under section 41(10) of

 

the Terrorism Act 2000, 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.

 

(8ZB)    

In determining whether or not to vary or discharge the conditions of bail,

 

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 to

 

any other person,

 

(d)    

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

 

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

 



 
 

Consideration of Bill: 5 September 2011                  

2772

 

Terrorism Prevention and Investigation Measures Bill, continued

 
 

Scrutiny of the draft Enhanced Terrorism Prevention and Investigation Measures Bill

 

Shabana Mahmood

 

Edward Miliband

 

Yvette Cooper

 

Vernon Coaker

 

Ms Rosie Winterton

 

Caroline Lucas

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must establish an independent panel to scrutinise the draft

 

Enhanced Terrorism Prevention and Investigation Measures Bill (“the draft

 

Bill”).

 

(2)    

The independent panel must prepare a report for the Secretary of State before the

 

end of six months after the day on which it is established.

 

(3)    

The Secretary of State must lay the report of the panel before Parliament.’.

 


 

Dr Julian Huppert

 

Tom Brake

 

Greg Mulholland

 

Mr David Davis

 

Caroline Lucas

 

22

 

Page  1,  line  5,  leave out Clause 2.

 


 

Secretary Theresa May

 

9

 

Page  7,  line  16  [Clause  12],  at end insert—

 

‘(3A)    

An application under subsection (2) must be made in writing.

 

(3B)    

The Secretary of State may by notice request the provision, within such period of

 

time as the notice may specify, of further information from the individual in

 

connection with an application under subsection (2).

 

(3C)    

The Secretary of State is not required to consider an application further unless any

 

information requested under subsection (3B) is provided in accordance with the

 

notice mentioned in that subsection.’.

 


 

Secretary Theresa May

 

10

 

Page  8,  line  3  [Clause  13],  after ‘notice”)’ insert ‘at any time’.

 



 
 

Consideration of Bill: 5 September 2011                  

2773

 

Terrorism Prevention and Investigation Measures Bill, continued

 
 

Secretary Theresa May

 

11

 

Page  11,  line  41  [Clause  19],  at end insert—

 

‘(4)    

Subject to subsection (5), this section does not require a report to be made in

 

relation to any time which falls after the Secretary of State’s TPIM powers have

 

expired or been repealed under section (Expiry and repeal of TPIM powers),

 

except for the period of 28 days referred to in section (Expiry and repeal of TPIM

 

powers: supplementary provision)(2).

 

(5)    

If the Secretary of State’s TPIM powers are revived under section (Expiry and

 

repeal of TPIM powers)—

 

(a)    

the reference in subsection (1)(a) above to the month in which this Act is

 

passed is to be read as a reference to the month in which the revival takes

 

effect; and

 

(b)    

this section applies accordingly.’.

 


 

Secretary Theresa May

 

12

 

Page  12,  line  12  [Clause  20],  leave out from beginning to ‘before’ in line 13 and

 

insert ‘On receiving a report under subsection (4), the Secretary of State must lay a copy

 

of it’.

 

Secretary Theresa May

 

13

 

Page  12,  line  17  [Clause  20],  at end insert—

 

‘(7)    

Subject to subsection (8), this section does not require a review to be carried out

 

in relation to any time which falls after the Secretary of State’s TPIM powers have

 

expired or been repealed under section (Expiry and repeal of TPIM powers),

 

except for the period of 28 days referred to in section (Expiry and repeal of TPIM

 

powers: supplementary provision)(2).

 

(8)    

If the Secretary of State’s TPIM powers are revived under section (Expiry and

 

repeal of TPIM powers), the independent reviewer must carry out a review of the

 

operation of this Act in respect of—

 

(a)    

the period which—

 

(i)    

begins when the revival takes effect, and

 

(ii)    

ends with the end of the calendar year in which the revival takes

 

effect; and

 

(b)    

each subsequent calendar year.

 

(9)    

In such a case, this section and the other provisions of this Act apply as if

 

references to a review under subsection (2) were references to a review under

 

subsection (8).’.

 

Secretary Theresa May

 

14

 

Page  12,  line  31  [Clause  21],  after ‘conviction’ insert ‘in England and Wales or

 

Northern Ireland’.

 

Secretary Theresa May

 

15

 

Page  12,  line  32  [Clause  21],  at end insert—


 
 

Consideration of Bill: 5 September 2011                  

2774

 

Terrorism Prevention and Investigation Measures Bill, continued

 
 

‘(c)    

on summary conviction in Scotland, to imprisonment for a term not

 

exceeding 12 months or to a fine not exceeding the statutory maximum,

 

or to both.’.

 


 

Shabana Mahmood

 

Edward Miliband

 

Yvette Cooper

 

Vernon Coaker

 

Ms Rosie Winterton

 

23

 

Page  15,  line  41  [Clause  27],  leave out subsection (2) and insert—

 

‘(2)    

This Act comes into force on the day after both Houses of Parliament have passed

 

a resolution approving the report of the independent panel laid under section

 

[Scrutiny of the draft Enhanced Terrorism Prevention and Investigation

 

Measures Bill].

 

Paul Goggins

 

8

 

Page  15,  line  41  [Clause  27],  leave out from ‘Act’ to end of line and insert ‘will

 

come into force on 1 January 2013’.

 

Shabana Mahmood

 

Edward Miliband

 

Yvette Cooper

 

Vernon Coaker

 

Ms Rosie Winterton

 

20

 

Page  15,  line  41  [Clause  27],  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 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.’.

 


 

Secretary Theresa May

 

16

 

Page  16,  line  7  [Schedule  1],  leave out sub-paragraphs (1) and (2) and insert—


 
 

Consideration of Bill: 5 September 2011                  

2775

 

Terrorism Prevention and Investigation Measures Bill, continued

 
 

    ‘(1)  

The Secretary of State may impose restrictions on the individual in relation to

 

the residence in which the individual resides.

 

      (2)  

The Secretary of State may, in particular, impose any of the following—

 

(a)    

a requirement to reside at a specified residence;

 

(b)    

a requirement to give notice to the Secretary of State of the identity of

 

any other individuals who reside (or will reside) at the specified

 

residence;

 

(c)    

a requirement, applicable overnight between such hours as are

 

specified, to remain at the specified residence.’.

 

Hazel Blears

 

Paul Goggins

 

Vernon Coaker

 

Shabana Mahmood

 

5

 

Page  16,  line  21  [Schedule  1],  leave out ‘must’ and insert ‘may’.

 

Hazel Blears

 

Paul Goggins

 

Vernon Coaker

 

Shabana Mahmood

 

6

 

Page  16,  line  24  [Schedule  1],  at end insert—

 

‘(c)    

any other premises specified by the Secretary of State under section

 

2A(1)’.

 

Secretary Theresa May

 

17

 

Page  16,  line  30  [Schedule  1],  after ‘locality’ insert ‘in the United Kingdom’.

 


 

Secretary Theresa May

 

18

 

Page  17,  line  3  [Schedule  1],  leave out sub-paragraphs (7) to (9) and insert—

 

    ‘(7)  

A requirement of the kind mentioned in sub-paragraph (2)(c) must include

 

provision to enable the individual to apply for the permission of the Secretary

 

of State to be away from the specified residence, for the whole or part of any

 

applicable period, on one or more occasions.

 

      (8)  

The Secretary of State may grant such permission subject to either or both of

 

the following conditions—

 

(a)    

the condition that the individual remains overnight at other agreed

 

premises between such hours as the Secretary of State may require;

 

(b)    

the condition that the individual complies with such other restrictions

 

in relation to the individual’s movements whist away from the

 

specified residence as are so required.

 

      (9)  

“Agreed premises” are premises in the United Kingdom which are agreed by

 

the Secretary of State and the individual.

 

    (10)  

Sub-paragraph (8) is not to be read as limiting—

 

(a)    

the generality of sub-paragraph (7) of paragraph 13 (power to impose

 

conditions when granting permission), or


 
 

Consideration of Bill: 5 September 2011                  

2776

 

Terrorism Prevention and Investigation Measures Bill, continued

 
 

(b)    

the power to impose further conditions under that sub-paragraph in

 

connection with permission granted by virtue of sub-paragraph (7) of

 

this paragraph.

 

    (11)  

In sub-paragraph (7) “applicable period” means a period for which the

 

individual is required to remain at the specified residence by virtue of a

 

requirement of the kind mentioned in sub-paragraph (2)(c).’.

 


 

Hazel Blears

 

Paul Goggins

 

Vernon Coaker

 

Shabana Mahmood

 

7

 

Page  18,  line  11  [Schedule  1],  at end insert—

 

‘(3)    

A specified area or place or a specified description of an area or place may include

 

the individual’s own residence or a locality with which the individual has a

 

connection in accordance with paragraph 1(4)(a) and 1(4)(b).’.

 


 

Mr Pat McFadden

 

Hazel Blears

 

Paul Goggins

 

Shabana Mahmood

 

21

 

Page  20,  line  26  [Schedule  1],  leave out ‘must’ and insert ‘may’.

 


 

Paul Goggins

 

Hazel Blears

 

Vernon Coaker

 

Shabana Mahmood

 

1

 

Page  22,  line  31  [Schedule  1],  at end add—

 

‘Additional measures

 

12A(1)  

The Secretary of State may impose measures additional to those contained in

 

Schedule 1 if—

 

(a)    

there is a serious terrorist threat; and

 

(b)    

they are necessary for the protection of the public.

 

      (2)  

Any measure under paragraph 13(1) can only be imposed if the Secretary of

 

State is satisfied on the balance of probabilities that the individual is involved

 

in terrorism-related activity.’.


 
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Revised 5 September 2011