Terrorism Prevention and Investigation Measures Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 9th November 2011, as follows—

Clauses 1 and 2
Schedule 1
Clauses 3 to 7
Schedule 2
Clauses 8 to 15
Schedule 3
Clauses 16 to 18
Schedule 4
Clauses 19 to 24
Schedule 5
Clause 25
Schedule 6
Clauses 26 to 29
Schedules 7 and 8
Clauses 30 and 31

[Amendments marked * are new or have been altered]

Clause 2

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

1

Page 1, line 6, at beginning insert “The court may on the application of”

2

Page 1, line 6, leave out “may by notice (a “TPIM notice”)”

3

Page 1, line 8, leave out “E” and insert “C”

4

Page 1, line 13, leave out subsection (3)

Schedule 1

LORD HUNT OF KINGS HEATH

LORD CARLILE OF BERRIEW

5

Page 22, line 5, at end insert—

“Residence measure

A1 (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 not to allow others to reside at that residence without the permission of the Secretary of State;

(c) a requirement, applicable between such hours as are specified, to remain at the specified residence.

(a) may be in any locality in the United Kingdom that appears to the Secretary of State to be appropriate;

(b) may be a residence provided by or on behalf of the Secretary of State.

(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 whilst away from the specified residence as may be so required.

(a) the generality of sub-paragraph (7) of paragraph 14 (power to impose conditions when granting permission), or

(b) the power to impose further conditions under that sub-paragraph in connection with permission granted by virtue of sub-paragraph (5) of this paragraph.

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

6

Page 22, line 7, leave out “Secretary of State” and insert “court”

7

Page 22, line 9, leave out “Secretary of State” and insert “court”

LORD HENLEY

8

Page 22, line 15, after “at” insert “, or within,”

BARONESS HAMWEE

BARONESS STERN

9*

Page 24, line 12, leave out “or area”

10*

Page 24, line 26, leave out “specified measures” and insert “measures specified under this Act”

11*

Page 25, line 16, after “financial” insert “or other professional”

12*

Page 27, line 28, leave out “, or specified descriptions of persons,”

LORD HENLEY

13

Page 28, line 11, leave out from “individual” to end of line 13 and insert “—

(a) to report to such a police station, at such times and in such manner, as the Secretary of State may by notice require, and

(b) to comply with any directions given by a police officer in relation to such reporting.”

BARONESS HAMWEE

BARONESS STERN

[As an amendment to Amendment 13]

14*

Line 4, after “directions” insert “consistent with the Secretary of State’s requirements which are”

Clause 3

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

15

Page 1, line 16, leave out “the Secretary of State reasonably believes that”

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

16

Page 1, line 16, leave out “reasonably believes” and insert “is satisfied on the balance of probabilities”

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

17

Page 1, line 19, leave out subsection (2)

18

Page 2, line 1, leave out from beginning to second “that” and insert “Condition B is”

19

Page 2, line 5, leave out from beginning to second “that” and insert “Condition C is”

BARONESS HAMWEE

BARONESS STERN

20*

Page 2, line 5, after “considers” insert “, having regard to all the circumstances,”

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

21

Page 2, line 10, leave out subsection (5)

22

Page 2, line 15, leave out subsection (6)

Clause 5

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

23

Leave out Clause 5

Clause 6

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

24

Page 3, leave out lines 10 to 15 and insert—

“Preliminary hearing of the application

(1) The application must set out a list of the proposed measures.”

25

Page 3, line 16, leave out subsection (3) and insert—

“(3) The function of the court on the application is to determine—

(a) whether condition A is satisfied on the civil standard of proof; and

(b) which, if any, of the proposed measures satisfy conditions B and C.”

26

Page 3, line 29, leave out subsections (6) to (10) and insert—

“(5A) At the conclusion of the hearing the court—

(a) may make an order for service on the individual specifying the measures to be imposed; and

(b) must give directions for a further hearing (a “directions hearing”) to be held within 7 days of the service of the order, if any, on the individual.

(5B) The individual is to be given the opportunity to attend a directions hearing.”

Clause 7

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

27

Leave out Clause 7

Schedule 2

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

28

Leave out Schedule 2

Clause 8

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

29

Page 4, line 6, leave out subsections (1) and (2)

LORD HENLEY

30

Page 4, line 14, after “which” insert “, unless the court otherwise directs (whether in those directions or subsequently),”

31

Page 4, line 17, leave out subsection (3)

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

32

Page 4, line 19, leave out subsection (4)

33

Page 4, line 26, at end insert—

“( ) Directions under subsection (5) must provide for information to be provided to the court at the review hearing concerning the progress of the criminal investigation into the individual’s involvement in terrorism-related activity.”

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

34

Page 4, line 26, at end insert—

“( ) Directions under subsection (5) must include a direction that the Secretary of State shall provide the individual on whom the measures are imposed with sufficient information about the allegations against him to enable him to give effective instructions to his representatives and information to the special advocate in relation to those allegations.”

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

35

Page 4, line 27, leave out subsection (7)

Clause 9

LORD LLOYD OF BERWICK

LORD GOODHART

LORD MORGAN

36

Page 4, line 34, leave out from beginning to end of line 20 on page 5 and insert “court shall—

(a) hear any representations by or on behalf of the individual; and

(b) reconsider the order made at the preliminary hearing.

(2) At the conclusion of the review hearing the court shall have power to—

(a) affirm the order;

(b) quash the order; or

(c) quash or vary the measures imposed under the order.”

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

37

Page 4, line 34, after “review” insert “on the merits”

38

Page 4, line 36, leave out subsection (2)

After Clause 9

LORD LLOYD OF BERWICK

LORD GOODHART

BARONESS HAYMAN

LORD MORGAN

39

Insert the following new Clause—

“Time limit on measures under section 2

(1) Measures imposed under section 2 shall remain in force for the period of one year, or such lesser period as the court shall determine.

(2) Measures may be renewed for a further period of one year, and no more, on a further application to the court if the court is satisfied on the civil burden of proof that the individual has been involved in terrorist related activity since the imposition of the original measures.”

Clause 11

BARONESS HAMWEE

BARONESS STERN

40*

Page 6, line 44, at end insert—

“(2) The Secretary of State shall establish a group of advisers (in this section referred to as “the Review Group”) to assist her in carrying out her functions under subsection (1).

(3) The Review Group shall consist of representatives of such departments and agencies as the Secretary of State shall designate and shall report to the Secretary of State not less than every three months.”

Schedule 4

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

41

Page 35, line 11, at end insert—

“(3) Notwithstanding anything to the contrary effect in paragraphs 2 to 4, rules of court must provide that the individual on whom the measures are imposed is entitled to be given sufficient information about the allegations against him to enable him to give effective instructions to his representatives and information to the special advocate in relation to those allegations.”

Before Clause 19

BARONESS HAMWEE

BARONESS STERN

42*

Insert the following new Clause—

“Review of impact of measures

(1) There shall be a body corporate to be known as the Independent Terrorism Prevention and Investigation Measures Commission (in this Act referred to as “the Commission”).

(2) The Commission shall consist of not less than eleven members appointed by the Secretary of State—

(a) from whom the members shall elect a chairman, and

(b) who shall include members as provided by subsection (3).

(3) The members of the Commission shall include persons with appropriate medical qualifications and experience, persons experienced in the care of persons deprived of their liberty and persons experienced in the care of the family of such persons.

(4) A person shall not be appointed to the Commission if he holds or has held office—

(a) within the intelligence services of the United Kingdom;

(b) within any policing command dealing with serious organised crime or border controls;

(c) as a constable;

(d) as a minister of the Crown; or

(e) as a member of the civil service.

(5) The Commission shall not—

(a) be regarded as the servant or agent of the Crown; or

(b) enjoy any status, privilege or immunity of the Crown;

and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.”

43*

Insert the following new Clause—

“General functions of the Commission

(1) The functions of the Commission shall be—

(a) to keep under review the health and welfare of individuals subject to measures under this Act and of the families of such individuals; and

(b) to make such recommendations as it considers appropriate in such connection including with regard to treatment of such individuals and members of the families of such individuals.

(2) The Commission may do anything which appears to it to be calculated to facilitate or is incidental or conducive to the carrying out of its functions.”

44*

Insert the following new Clause—

“Reports by the Commission

(1) As soon as practicable after the end of each of its financial years, the Commission shall make a report to the Secretary of State on the carrying out of its functions during that year.

(2) The Commission may make such other reports—

(a) to the Secretary of State, and

(b) to any other persons,

as it considers appropriate.

(3) The Commission—

(a) shall publish reports made to the Secretary of State, and

(b) may publish reports made to any other persons,

subject in both cases to the preservation of the anonymity of individuals subject to measures and their families and the exclusion of identifying details.”

Clause 23

LORD HENLEY

45

Page 15, line 8, leave out paragraph (b) and insert—

“(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(ba) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;”

46

Page 15, line 13, at end insert—

“( ) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.”

Clause 26

LORD HENLEY

47

Page 17, line 32, leave out paragraph (a)

48

Page 17, line 38, at end insert—

“(12) The Secretary of State must obtain the consent of the Scottish Ministers to the inclusion in a temporary enhanced TPIM order of any provision—

(a) which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or

(b) which otherwise confers functions on the Scottish Ministers.

(13) But subsection (12) does not apply to any provision of an enhanced TPIM order which—

(a) applies (with or without modifications) an enactment contained in, or amended by, this Act, or

(b) otherwise corresponds to such an enactment.”

LORD HUNT OF KINGS HEATH

LORD CARLILE OF BERRIEW

49

Leave out Clause 26

Clause 27

LORD HUNT OF KINGS HEATH

LORD CARLILE OF BERRIEW

50

Leave out Clause 27

After Clause 30

LORD HUNT OF KINGS HEATH

LORD CARLILE OF BERRIEW

51

Insert the following new Clause—

“Repeal of paragraph A1 of Schedule 1

(1) The “residence measure” specified in paragraph A1 of Schedule 1 shall continue in force until a date not earlier than the 31st December 2012.

(2) Subject to subsection (1), the Secretary of State may, by order, repeal paragraph A1 of Schedule 1.

(3) An order made under subsection (2) shall be made by statutory instrument subject to an affirmative resolution in each House of Parliament.

(4) Paragraph 1 of Schedule 1—

(a) shall come into force in the event of paragraph A1 being repealed;

(b) may not come into force while paragraph A1 is in force.”

Clause 31

LORD HUNT OF KINGS HEATH

LORD CARLILE OF BERRIEW

52

Page 21, line 35, at beginning insert “Subject to section (Repeal of paragraph A1 of Schedule 1)(4),”

LORD PANNICK

BARONESS HAYMAN

LORD HUNT OF KINGS HEATH

53

Page 21, line 35, at end insert—

“( ) This Act expires at the end of the period of 1 year beginning with the day on which it commences.

( ) The Secretary of State may, by order, revive the Act if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

( ) An order under this section expires a year after the day on which it is made.

( ) An order made by the Minister under this section is to be made by statutory instrument.”

Prepared 14th November 2011