S.C.D.
Amendment Paper as at
Thursday 27th January 2000
STANDING COMMITTEE D
TERRORISM BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January], as follows:—
Clauses 1 and 2, Schedule 1, Clause 3, Schedule 2, Clauses 4 and 5, Schedule 3, Clauses 6 to 22, Schedule 4, Clauses 23 to 36, Schedule 5, Clauses 37 to 39, Schedule 7, Clauses 40 to 51, Schedule 6, Clauses 52 to 62, Schedule 8, Clauses 63 to 81, Schedule 9, Clauses 82 to 95, Schedule 10, Clauses 96 to 99, Schedule 11, Clauses 100 to 111, Schedule 12, Clauses 112 to 120, Schedules 13 and 14, Clauses 121 to 125, new Clauses and new Schedules.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
103
Clause 37, page 17, line 15, leave out 'to prove'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
104
Clause 37, page 17, leave out lines 28 and 29.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
106
Clause 39, page 18, line 9, leave out 'reasonably suspects to be a terrorist' and insert 'identifies as having committed an offence under this Act'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
105
Clause 39, page 18, line 14, leave out '48' and insert '36'.
Mr Charles Clarke
80
Clause 39, page 18, line 29, after 'detained', insert ', subject to paragraph 31 of that Schedule,'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
107
Schedule 7, page 101, leave out lines 6 and 7 and insert 'A person arrested shall be taken by a constable to a police station as soon as possible after the arrest'.
Mr Charles Clarke
95
Schedule 7, page 103, line 31, at end insert ', if the interview takes place in a police station'.
Mr Charles Clarke
92
Schedule 7, page 103, line 39, leave out '15' and insert '15A'.
Mr Charles Clarke
93
Schedule 7, page 105, line 14, at end insert—
'15A The Secretary of State shall, by order, make provision to require that—
(a) except in such circumstances, and
(b) subject to such conditions,
as may be specified in the order, where a person detained has been permitted to consult a solicitor, the solicitor shall be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 6.'
Mr Charles Clarke
94
Schedule 7, page 105, line 14, at end insert—
'15B—(1) Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) shall apply to a person detained under section 39 or Schedule 6 as it applies to a person arrested or a person detained under section 14 of that Act.
(2) For subsection (2) of section 18 there shall be substituted—
"(2) A constable may take from a detained person or require a detained person to provide relevant physical data only if—
(a) in the case of a person detained under section 39 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 38(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement, or
(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 38(1)(b) of that Act."
(3) Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph shall be retained only for the purposes of terrorist investigations.'
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
108
Schedule 7, page 105, line 19, leave out from 'practicable' to the end of line 20 and insert 'within six hours'.
Mr Charles Clarke
96
Schedule 7, page 105, line 23, leave out 'where an application for' and insert 'after'.
Mr Charles Clarke
97
Schedule 7, page 105, line 24, leave out 'made' and insert 'issued'.
Mr Charles Clarke
98
Schedule 7, page 107, line 38, leave out 'and'.
Mr Charles Clarke
99
Schedule 7, page 107, line 39, at end insert 'and
( ) the fact that the detained person is being detained by virtue of section 39(5) or (6).'
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
123
Schedule 7, page 108, line 11, leave out 'seven' and insert 'four'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
109
Schedule 7, page 109, leave out lines 16 to 19.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
111
Schedule 7, page 109, leave out lines 20 to 44.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
110
Schedule 7, page 109, leave out lines 41 to 44.
Mr Charles Clarke
100
Schedule 7, page 110, line 10, at end insert—
'Detention - conditions
31. A person detained by virtue of a warrant issued under this Part shall (unless detained under any other power) be released immediately if the officer having custody of him becomes aware that the grounds for his detention under paragraph 27(1) have ceased to apply.'
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
112
Clause 42, page 19, line 20, leave out 'expedient' and insert 'strictly necessary'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
124
Clause 42, page 19, line 21, leave out from 'given' to end of line 34 and insert 'by a judicial authority'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
126
Clause 42, page 19, line 21, leave out from 'given' to end of line 34 and insert 'by the Secretary of State'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
125
Clause 42, page 19, line 21, at end insert—
'(3A) In this Part "judicial authority" means—
(a) in England and Wales, the Senior District Judge or Chief Magistrate or his deputy or a District Judge or Magistrate who is designated for the purpose of this Part by the Lord Chancellor,
(b) in Scotland, the sheriff and
(c) in Northern Ireland a county court judge or a resident magistrate who is designated for the purpose of this Part by the Lord Chancellor'.
Mr Charles Clarke
59
Clause 42, page 19, line 31, leave out 'of the City of London police' and insert 'in the City of London police force'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
113
Clause 44, page 20, line 23, leave out '28' and insert '14'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
114
Clause 45, page 21, line 4, at end add—
'(1A) It is a defence for a person charged with an offence under this section that he did not know and had no reasonable cause to suspect that an authorisation under section 42(1) had been made.'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
115
Clause 45, page 21, leave out line 7.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
116
Clause 45, page 21, leave out line 9.
Mr Charles Clarke
60
Clause 46, page 21, line 11, after 'constable', insert 'in uniform'.
Mr Charles Clarke
61
Clause 46, page 21, line 26, leave out 'of the City of London police' and insert 'in the City of London police force'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
117
Clause 49, page 22, line 14, leave out 'to prove that' and insert 'if'.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
122
Clause 49, page 22, leave out line 22.
Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard
118
Clause 49, page 22, leave out line 24.
Mr Charles Clarke
81
Clause 50, page 22, line 28, at end insert '(in relation to England and Wales and Scotland) or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (in relation to Northern Ireland)'.
