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| | | (3) | A Minister of the Crown, must not later than 3 months after the report has been |
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| | | laid before Parliament, make a motion in the House of Commons in relation to |
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| | | Sunset provision for Schedule 7 to the Terrorism Act 2000 |
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| To move the following Clause:— |
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| | | ‘(1) | Schedule 7 to the Terrorism Act 2000 shall be repealed, five years after the |
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| | | commencement of this Act, unless continued in force by an order under |
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| | | (2) | The Secretary of State may by order made by statutory instrument provide— |
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| | | (a) | that those provisions which are in force shall continue in force for a |
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| | | period not exceeding five years from the coming into operation of the |
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| | | (b) | that those provisions which are for the time being in force shall cease to |
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| | | (3) | No order shall be made under subsection (2) unless a draft of the order has been |
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| | | laid before and approved by a resolution of both Houses of Parliament.’. |
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| | Clause 104, page 75 , line 17, after ‘offence’ insert ‘under the law of England and |
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| | Clause 104, page 75 , line 22, after ‘offence’ insert ‘under the law of England and |
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| | Clause 112, page 80, line 24, at end insert— |
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| | | ‘( ) | The Secretary of State may secure the reimbursement of payments made under |
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| | | section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or |
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| | | Department of Justice in Northern Ireland towards expenses incurred by the |
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| | | Police Negotiating Board for the United Kingdom) to the extent that, by reason |
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| | | of the abolition of the Board, the payments are not needed.’. |
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| | Clause 114, page 83, line 22, leave out ‘Police Advisory Board for England and |
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| | Wales’ and insert ‘appropriate advisory or negotiating body’. |
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| | Clause 114, page 83, line 24, at end insert— |
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| | | ‘“(1A) | In subsection (1) above, “the appropriate advisory or negotiating body” means— |
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| | | (a) | as regards England and Wales, the Police Advisory Board for England |
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| | | (b) | as regards Scotland, the Police Negotiating Board for Scotland.’. |
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| | Clause 114, page 83, line 25, after ‘above’ insert ‘as regards England and Wales,’. |
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| | Clause 114, page 83, line 37, leave out from ‘paragraph’ to end of line 40 and insert |
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| | ‘3, for sub-paragraph (3) there is substituted— |
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| | | “(3) | The Secretary of State shall— |
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| | | (a) | consult with the Police Advisory Board for England and Wales before |
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| | | exercising the power as regards England and Wales; |
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| | | (b) | consult with the Police Negotiating Board for Scotland before |
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| | | exercising the power as regards Scotland; |
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| | | (c) | consult with the Northern Ireland Policing Board and the Police |
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| | | Association for Northern Ireland before exercising the power as |
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| | | regards Northern Ireland.”’. |
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| | | Clause 127, page 98, line 17, leave out lines 17 and 18 and insert ‘Schedule 7 to the |
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| | Terrorism Act 2000 is repealed.’. |
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| | | Clause 127, page 98, line 18, at end add— |
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| | | ‘(2) | The Secretary of State shall by order make any amendments to Schedule 7 or 8 to |
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| | | the Terrorism Act 2000 recommended by the Independent Reviewer of Terrorism |
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| | | Legislation to limit the scope of its application.’. |
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| | Clause 129, page 99, line 6, leave out from ‘But’ to end of line 8 and insert ‘if |
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| | proceedings in respect of the extradition are adjourned under section 8A or 8B, the |
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| | | Clause 130, page 99, line 24, after ‘failure’, insert ‘, and the category 1 territory’s |
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| | unreasonable refusal to consent to a request for a temporary transfer under subsection (3) |
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| | of section 21B is not the sole reason for that failure.’. |
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| | | Clause 130, page 99, line 28, leave out ‘a decision to charge and’. |
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| | | Clause 130, page 99, line 29, leave out from ‘(ii)’ to ‘the’ in line 30. |
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| | | Clause 130, page 99, line 32, after ‘failure’, insert ‘and the person’s presence in |
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| | order to enable either decision to be made could not be arranged by video-link, subject to |
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| | appropriate safeguards to ensure respect for the requested person’s rights of defence, or |
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| | | ‘(iii) | in a case where one of those decisions has not been made (or |
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| | | neither of them has been made), the unreasonable refusal of the |
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| | | category 1 territory to consent to a request for a temporary |
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| | | transfer under subsection (3) of section 21B is not sole reason for |
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| | | Clause 130, page 99, line 32, at end insert— |
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| | | ‘(2) | In order to assess whether there are “reasonable grounds” within the meaning of |
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| | | paragraph (a) of subsection (1) in this section, the judge shall have regard to— |
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| | | (a) | the statement contained in the Part 1 warrant; and |
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| | | (b) | any other relevant evidence, including external evidence regarding the |
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| | | state of the proceedings and the past record of the Part 1 territory.’. |
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| | | Clause 131, page 100, line 15, leave out from ‘proportionality’ to end of line 16. |
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| | | Clause 131, page 100, line 22, leave out ‘the possibility of the relevant authorities |
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| | taking’ and insert ‘the availability to the relevant foreign authorities, of’. |
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| | | Clause 131, page 100, line 23, at end insert— |
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| | | ‘(d) | the likely consequence of extradition for the suspect and their family; |
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| | | (e) | the passage of time since the conduct alleged to constitute the extradition |
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