House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Committee of the whole House:
1270

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(a)
material on which the Secretary of State relies,

(b)
material which adversely affects the Secretary of State’s case, and

(c)
material which supports the case of another party to the proceedings.

      (2)
This paragraph is subject to paragraph 4.

4    (1)
Rules of court relating to TEO proceedings or appeal proceedings must

secure—

(a)
that the Secretary of State has the opportunity to make an application

to the relevant court for permission not to disclose material otherwise

than to the relevant court and any person appointed as a special

advocate;

(b)
that such an application is always considered in the absence of every

party to the proceedings (and every party’s legal representative);

(c)
that the relevant court is required to give permission for material not

to be disclosed if it considers that the disclosure of the material would

be contrary to the public interest;

(d)
that, if permission is given by the relevant court not to disclose

material, it must consider requiring the Secretary of State to provide a

summary of the material to every party to the proceedings (and every

party’s legal representative);

(e)
that the relevant court is required to ensure that such a summary does

not contain material the disclosure of which would be contrary to the

public interest.

      (2)
Rules of court relating to TEO proceedings or appeal proceedings must secure

that provision to the effect mentioned in sub-paragraph (3) applies in cases

where the Secretary of State—

(a)
does not receive the permission of the relevant court to withhold

material, but elects not to disclose it, or

(b)
is required to provide a party to the proceedings with a summary of

material that is withheld, but elects not to provide the summary.

      (3)
The relevant court must be authorised—

(a)
if it considers that the material or anything that is required to be

summarised might adversely affect the Secretary of State‘s case or

support the case of a party to the proceedings, to direct that the

Secretary of State—

(i)
is not to rely on such points in the Secretary of State‘s case, or

(ii)
is to make such concessions or take such other steps as the

court may specify, or

(b)
in any other case, to ensure that the Secretary of State does not rely on

the material or (as the case may be) on that which is required to be

summarised.

      (4)
In this paragraph—

(a)
references to a party to the proceedings do not include the Secretary of

State;

(b)
references to a party’s legal representative do not include a person

appointed as a special advocate.

Article 6 rights

5    (1)
Nothing in paragraphs 2 to 4, or in rules of court made under any of those

paragraphs, is to be read as requiring the relevant court to act in a manner

inconsistent with Article 6 of the Human Rights Convention.

      (2)
The “Human Rights Convention” means the Convention within the meaning

of the Human Rights Act 1998 (see section 21(1) of that Act).

Committee of the whole House:
1271

, continued

Rules of court: anonymity

6    (1)
Rules of court relating to TEO proceedings or appeal proceedings may make

provision for—

(a)
the making by the Secretary of State or the relevant individual of an

application to the court for an order requiring anonymity for that

individual, and

(b)
the making by the court, on such an application, of an order requiring

such anonymity;


and the provision made by the rules may allow the application and the order to

be made irrespective of whether any other TEO proceedings have been begun

in the court.

      (2)
Rules of court may provide for the Court of Appeal or the Inner House of the

Court of Session to make an order in connection with any appeal proceedings

requiring anonymity for the relevant individual.

      (3)
In sub-paragraphs (1) and (2) the references, in relation to a court, to an order

requiring anonymity for the relevant individual are references to an order by

that court which imposes such prohibition or restriction as it thinks fit on the

disclosure—

(a)
by such persons as the court specifies or describes, or

(b)
by persons generally,


of the identity of the relevant individual or of any information that would tend

to identify the relevant individual.

      (4)
In this paragraph “relevant individual” means an individual on whom the

Secretary of State is proposing to impose, or has imposed, measures.

Initial exercise of rule-making powers by Lord Chancellor

7    (1)
The first time after the passing of this Act that rules of court are made in

exercise of the powers conferred by this Schedule in relation to proceedings in

England and Wales or in Northern Ireland, the rules may be made by the Lord

Chancellor instead of by the person who would otherwise make them.

      (2)
Before making rules of court under sub-paragraph (1), the Lord Chancellor

must consult—

(a)
in relation to rules applicable to proceedings in England and Wales,

the Lord Chief Justice of England and Wales;

(b)
in relation to rules applicable to proceedings in Northern Ireland, the

Lord Chief Justice of Northern Ireland.

      (3)
But the Lord Chancellor is not required to undertake any other consultation

before making the rules.

      (4)
A requirement to consult under sub-paragraph (2) may be satisfied by

consultation that took place wholly or partly before the passing of this Act.

      (5)
Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a)
must be laid before Parliament, and

(b)
if not approved by a resolution of each House before the end of 40 days

beginning with the day on which they were made, cease to have effect

at the end of that period.

      (6)
In determining that period of 40 days no account is to be taken of any time

during which Parliament is dissolved or prorogued or during which both

Houses are adjourned for more than 4 days.

      (7)
1f rules cease to have effect in accordance with sub-paragraph (5)—

(a)
that does not affect anything done in previous reliance on the rules,

and

Committee of the whole House:
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(b)
sub-paragraph (1) applies again as if the rules had not been made.

      (8)
The following provisions do not apply to rules of court made by the Lord

Chancellor under this paragraph—

(a)
section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure

for civil procedure rules);

(b)
section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978

(statutory rules procedure).

      (9)
Until the coming into force of section 85 of the Courts Act 2003, the reference

in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be

read as a reference to section 3(2) of that Act.

Use of advisers

8    (1)
In any TEO proceedings or appeal proceedings the relevant court may if it

thinks fit—

(a)
call in aid one or more advisers appointed for the purposes of this

paragraph by the Lord Chancellor, and

(b)
hear and dispose of the proceedings with the assistance of the adviser

or advisers.

      (2)
The Lord Chancellor may appoint advisers for the purposes of this paragraph

only with the approval of—

(a)
the Lord President of the Court of Session, in relation to an adviser

who may be called in aid wholly or mainly in Scotland;

(b)
the Lord Chief Justice of Northern Ireland, in relation to an adviser

who may be called in aid wholly or mainly in Northern Ireland;

(c)
the Lord Chief Justice of England and Wales, in any other case.

      (3)
Rules of court may regulate the use of advisers in proceedings who are called

in aid under subparagraph (1).

      (4)
The Lord Chancellor may pay such remuneration, expenses and allowances to

advisers appointed for the purposes of this paragraph as the Lord Chancellor

may determine.

9    (1)
The Lord President of the Court of Session may nominate a judge of the Court

of Session who is a member of the First or Second Division of the Inner House

of that Court to exercise the function under paragraph 8(2)(a).

      (2)
The Lord Chief Justice of Northern Ireland may nominate any of the following

to exercise the function under paragraph 8(2)(b)—

(a)
the holder of one of the offices listed in Schedule 1 to the Justice

(Northern Ireland) Act 2002;

(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).

      (3)
The Lord Chief Justice of England and Wales may nominate a judicial office

holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to

exercise the function under paragraph 8(2)(c).

Appointment of special advocate

10  (1)
The appropriate law officer may appoint a person to represent the interests of

a party in any TEO proceedings or appeal proceedings from which the party

(and any legal representative of the party) is excluded.

      (2)
A person appointed under sub-paragraph (1) is referred to in this Schedule as

appointed as “special advocate”.

      (3)
The “appropriate law officer” is—

(a)
in relation to proceedings in England and Wales, the Attorney

General;

Committee of the whole House:
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, continued

(b)
in relation to proceedings in Scotland, the Advocate General for

Scotland;

(c)
in relation to proceedings in Northern Ireland, the Advocate General

for Northern Ireland.

      (4)
A person appointed as a special advocate is not responsible to the party to the

proceedings whose interests the person is appointed to represent.

      (5)
A person may be appointed as a special advocate only if—

(a)
in the case of an appointment by the Attorney General, the person has

a general qualification the purposes of section 71 of the Courts and

Legal Services Act 1990;

(b)
in the case of an appointment by the Advocate General for Scotland,

the person is an advocate or a solicitor who has rights of audience in

the Court of Session or the High Court of Justiciary by virtue of

section 25A of the Solicitors (Scotland) Act 1980;

(c)
in the case of an appointment by the Advocate General for Northern

Ireland, the person is a member of the Bar of Northern Ireland.”

Clause 21, Schedule 3, Clauses 22 to 27, new Clauses relating to Chapter 1

of Part 5, new Schedules relating to Chapter 1 of Part 5, Clauses 28 to 30,

Schedule 4, Clauses 31 to 33, new Clauses relating to Chapter 2 of Part 5,

new Schedules relating to Chapter 2 of Part 5

Hazel Blears

Dr Julian Lewis

Clause  21,  page  13,  line  34,  at end insert “and must also develop capacity to

combat and reject the messages of extremism”

Member’s explanatory statement

This amendment introduces a requirement to support work combating the ideology of extremism

as part of preventing people being drawn into terrorism.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  24,  page  15,  line  6,   leave out “may” and insert “must”

Member’s explanatory statement

Changes it from optional to compulsory for the Secretary of State to issue guidance to accompany

the statutory obligation provided for under Clause 21.

Hazel Blears

Dr Julian Lewis

Clause  24,  page  15,  line  7,  at end insert—

Committee of the whole House:
1274

, continued

“(1A)
Any such guidance should include a requirement to develop capacity to combat

and reject the messages of extremism”

Member’s explanatory statement

This amendment introduces a requirement to support work combating the ideology of extremism

as part of preventing people being drawn into terrorism.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  24,  page  15,  line  21,   leave out subsection (5) and insert—

“(5)
Before giving guidance under this section, or revising guidance already given, the

Secretary of State must lay before Parliament—

(a)
the proposed guidance or proposed revisions, and

(b)
a draft of an order providing for the guidance, or revisions to the

guidance, to come into force.

(6)
The Secretary of State must make the order, and issue the guidance or (as the case

may be) make the revisions to the guidance, if the draft of the order is approved

by a resolution of each House of Parliament.

(7)
Guidance, or revisions to guidance, come into force in accordance with an order

under this section.

(8)
Such an order—

(a)
is to be a statutory instrument, and

(b)
may contain transitional, transitory or saving provision.”

Member’s explanatory statement

This would ensure that statutory guidance produced under Clause 24 was subject to an affirmative

resolution of each House.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  29,  page  17,  line  29,   leave out subsection (7) and insert—

“(7)
To support panels exercising their functions under this section the Secretary of

State must—

(a)
provide guidance on the exercise of those functions;

(b)
provide a list of approved providers for de-radicalisation programmes

that may be referred to under subsection (4);

(c)
ensure that the providers listed under paragraph (b) are subject to

monitoring.”

Member’s explanatory statement

This would give a greater role to the Secretary of State in supporting the role of local support

panels. The Secretary would have to provide guidance (rather than it being optional) and she

would also have to provide a list of approved providers for de-radicalisation programmes and

ensure they would be subject to monitoring.

Committee of the whole House:
1275

, continued

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  29,  page  17,  line  41,   at end insert—

“(c)
the responsible local healthcare commissioning group; and

(d)
local representative of the National Offender Management Service.”

Member’s explanatory statement

This would include local health bodies and the probation service on the assessment and support

panels.

Caroline Lucas

NC12

To move the following Clause—


“Review of international best practice around deradicalisation

(1)
The Secretary of State Shall, within three months of this Act coming into force,

lay before both Houses of Parliament a review into international best practice

around deradicalisation.

(2)
The review under subsection (1) shall include in particular—

(a)
examination of best practice in—

(i)
Germany;

(ii)
Denmark;

(iii)
Sweden;

(iv)
other countries as determined by the Secretary of State.

(b)
the role of community-based organisations in developing and delivering

strategies to prevent radicalisation and to deradicalise individuals.

(c)
evidence-based recommendations for the rapid implementation of a

comprehensive deradicalisation programme in the UK.”

Part 6, new clauses relating to part 6, new schedules relating to part 6,

part 7, remaining new clauses, remaining new schedules, remaining

proceedings on the bill

Caroline Lucas

NC8

To move the following Clause—


“Police bail for terrorism suspects

(1)
Section 34 of the Police and Criminal Evidence Act 1984 is amended as follows.

(2)
In subsection (1) after “offence” insert “or on suspicion of being a terrorist under

section 41 of the Terrorism Act 2000”.

(3)
In subsection (2)(b) after “Act” insert “or section 41 of the Terrorism Act 2000".

(4)
After subsection (5) insert—

“(5A)
A grant of bail under this section shall last no longer than six months

from the date of release.””

Member’s explanatory statement

As an alternative to the ad hoc passport seizure and retention scheme set out at Clause 1 and

Committee of the whole House:
1276

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Schedule 1 of the Bill this new clause would make police bail, with conditions, available for those

suspected of terrorism.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  36,  page  22,  line  22,   leave out “Privacy and Civil Liberties Board” and

insert “Counter Terrorism Oversight Panel”

Member’s explanatory statement

This would rename the body created by Clause 36.

Diana Johnson

Mr David Hanson

Phil Wilson

Clause  36,  page  22,  line  14,   leave out subsection (1) and insert—

“(1)
The Secretary of State shall by regulations made by statutory instrument establish

a body to—

(a)
provide advice and assistance to the persons appointed under—

(i)
section 36(1) of the Terrorism Act 2006,

(ii)
section 31(1) of the Terrorist Asset-Freezing &c. Act 2010, and

(iii)
section 20(1) of the Terrorism Prevention and Investigation

Measures Act 2011,


in the discharge of their statutory functions;

(b)
review the operation, effectiveness and implications of the Anti-

Terrorism Crime and Security Act 2001, the CounterTerrorism Act

2008, this Act, and any other law or prerogative power to the extent that

it relates to counter-terrorism;

(c)
consider whether such legislation contains appropriate safeguards, is

proportionate and remains necessary;

(d)
review intelligence-sharing guidance and practice to the extent that it

relates to counter-terrorism and the functions of the Board;

(e)
make recommendations to any public authority about the exercise of its

statutory functions relating to the prevention of terrorism;

(f)
undertake inquiries relating to counter-terrorism when invited to do so by

the Home Secretary, the Treasury or the Secretary of State for Northern

Ireland, or on the initiative of the Board;

(g)
encourage good practice in the prevention, investigation, detection and

prosecution of terrorism.

(h)
provide advice and assistance to Government on the development and

implementation of policy relating to the prevention of terrorism.”

Member’s explanatory statement

This expands the remit of the body to match that which is described in the Government‘s Terms of

Reference for this body.



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