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Index of Amendments

S.C.D.

Amendment Paper as at
Tuesday 8th February 2000

STANDING COMMITTEE D


TERRORISM BILL

NOTE

The Amendments have been arranged in accordance with the Order of the Committee [1st February], as follows:—

Clause 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, Clauses 60 and 61, new Clauses and new Schedules.

    Clause No. 60 (Jurisdiction).

    Question proposed, That the Clause stand part of the Bill.

   

Mr Charles Clarke

135

Page     27,     line     8,     leave out Clause 61.


NEW CLAUSES

Private security services

   

Mr Adam Ingram

NC5

To move the following Clause:—

    '. Schedule [Private security services] shall have effect.'.


Report to Parliament

   

Mr Charles Clarke

NC7

To move the following Clause:—

    '. The Secretary of State shall lay before both Houses of Parliament at least once in every 12 months a report on the working of this Act.'.


Terrorist finance: jurisdiction

   

Mr Charles Clarke

NC8

To move the following Clause:—

    '.—(1) If—

      (a) a person does anything outside the United Kingdom, and

      (b) his action would have constituted the commission of an offence under any of sections 14 to 17 if it had been done in the United Kingdom,

    he shall be guilty of the offence.

    (2) For the purposes of subsection (1)(b), section 17(1)(b) shall be read as if for "the jurisdiction" there were substituted "a jurisdiction".'.


Terrorist bombing and finance: extradition

   

Mr Charles Clarke

NC9

To move the following Clause:—

    '.—(1) The Extradition Act 1989 shall be amended as follows.

    (2) In section 22(2) (international conventions) after paragraph (l) insert—

            "(m) the Convention for the Suppression of Terrorist Bombings, which was opened for signature at New York on 12th January 1998 ("the Terrorist Bombings Convention");

            (n) the Convention for the Suppression of the Financing of Terrorism which was opened for signature at New York on 10th January 2000 ("the Terrorist Finance Convention")."

    (3) In section 22(4) after paragraph (l) insert—

            "(m) in relation to the Terrorist Bombings Convention, an offence, committed as an act of terrorism or for the purposes of terrorism, under—

                (i) section 2, 3 or 5 of the Explosive Substances Act 1883 (causing explosions, &c.),

                (ii) section 1 of the Biological Weapons Act 1974 (biological weapons), or

                (iii) section 2 of the Chemical Weapons Act 1996 (chemical weapons);

            (n) in relation to the Terrorist Finance Convention, an offence under any of sections 14 to 17 of the Terrorism Act 2000 (terrorist property: offences)."

    (4) After section 24(4) (suppression of terrorism) insert—

            "(5) Subsections (1) and (2) above shall have effect in relation to an offence to which section 22(4)(m) or (n) above applies as they have effect in relation to an offence to which section 1 of the Suppression of Terrorism Act 1978 applies.

            (6) For that purpose subsection (2) applies to a country which is a party to—

            (a) the Convention for the Suppression of Terrorist Bombings mentioned in section 22(2)(m) above, or

            (b) the Convention for the Suppression of the Financing of Terrorism mentioned in section 22(2)(n) above."

    (5) The offences to which an Order in Council under section 2 of the Extradition Act 1870 (arrangements with foreign states) can apply shall include—

      (a) offences under the provisions mentioned in sections 60(2) and [Terrorist finance: jurisdiction](1)(b),

      (b) conspiracy to commit any of those offences, and

      (c) attempt to commit any of those offences.'.


Annual report

   

Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard

NC1

To move the following Clause:—

    '.—(1) The Secretary of State shall present to Parliament every twelve months a report on the operation and effectiveness in the preceding year of the provisions of the Act.

    (2) The first annual report shall be presented to Parliament no later than twelve months from the day on which the Act is brought into force.'.


Expiry and revival

   

Mr Simon Hughes
Mr Lembit Öpik
Jackie Ballard

NC2

To move the following Clause:—

    '.—(1) This Act shall (subject to subsection (2)) cease to have effect at the end of the period of five years beginning with the day on which the Act is brought into force.

    (2) The Secretary of State may by order provide—

      (a) that a provision of this Act which is in force (whether or not by virtue of this subsection) shall continue in force for a specific period not exceeding five years;

      (b) that a provision of this Act shall cease to have effect;

      (c) that a provision of this Act which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding five years.

    (3) An order under subsection (2) shall be made by statutory instrument; and no such order shall be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.'.


Parliamentary scrutiny

   

Mr David Lidington

NC3

To move the following Clause:—

    '.—(1) The Secretary of State shall appoint one or more persons to conduct an annual review of the provisions of this Act.

    (2) The Secretary of State shall lay the annual review of the provisions of this Act before each House of Parliament.'.


Declarations (No. 2)

   

Mr Kevin McNamara
Dr Norman A. Godman

NC6

To move the following Clause:—

    '(1) Provisions of this Act shall become operative only when Parliament has approved a declaration by the Secretary of State made under this section that a campaign is occurring which is leading to widespread fear within at least a section of the public and that at least a section of the public is in serious danger.

    (2) A declaration made under this section shall specify the period of time and the area of the United Kingdom for which the declaration shall be valid, as well as the provisions of this Act which are to become operative upon the making of the declaration.'.


NEW SCHEDULES

   

Mr Adam Ingram

NS2

To move the following Schedule:—

'Private Security Services

Security services: interpretation

    1. In this Schedule "security services" means the services of one or more individuals as security guards (whether or not provided together with other services relating to the protection of property or persons).

Unlicensed services: offences

    2. A person commits an offence if he provides or offers to provide security services for reward unless he—

      (a) holds a licence under this Schedule, or

      (b) acts on behalf of someone who holds a licence under this Schedule.

    3.—(1) A person commits an offence if he publishes or causes to be published an advertisement for the provision for reward of security services by a person who does not hold a licence under this Schedule.

    (2) It is a defence for a person charged with an offence under this paragraph to prove—

      (a) that his business is publishing advertisements or arranging for their publication,

      (b) that he received the advertisement for publication in the ordinary course of business, and

      (c) that he reasonably believed that the person mentioned in the advertisement as the provider of security services held a licence under this Schedule.

    4.—(1) A person commits an offence if he pays money, in respect of the provision of security services, to a person who—

      (a) does not hold a licence under this Schedule, and

      (b) is not acting on behalf of someone who holds a licence under this Schedule.

    (2) It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that the person to whom he paid the money—

      (a) held a licence under this Schedule, or

      (b) was acting on behalf of someone who held a licence under this Schedule.

    5.—(1) A person guilty of an offence under paragraph 2 or 3 shall be liable—

      (a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or

      (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

    (2) A person guilty of an offence under paragraph 4 is liable on summary conviction to—

      (a) imprisonment for a term not exceeding six months,

      (b) a fine not exceeding level 5 on the standard scale, or

      (c) both.

Application for licence

    6.—(1) An application for a licence under this Schedule shall be made to the Secretary of State—

      (a) in such manner and form as he may specify, and

      (b) accompanied by such information as he may specify.

    (2) The Secretary of State may specify information only if it concerns—

      (a) the applicant,

      (b) a business involving the provision of security services for reward which is, was or is proposed to be carried on by the applicant,

      (c) a person whom the applicant employs or proposes to employ as a security guard,

      (d) a partner or proposed partner of the applicant (where the applicant is an individual),

      (e) a member or proposed member of the applicant (where the applicant is a partnership),

      (f) an officer or proposed officer of the applicant (where the applicant is a body corporate).

    (3) A person commits an offence if in connection with an application for a licence he—

      (a) makes a statement which he knows to be false or misleading in a material particular, or

      (b) recklessly makes a statement which is false or misleading in a material particular.

    (4) A person guilty of an offence under sub-paragraph (3) shall be liable—

      (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

      (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

    (5) For the purposes of this paragraph—

      (a) a reference to employment or proposed employment by an applicant for a licence shall, where the applicant is a partnership or a member of a partnership, be construed as a reference to employment or proposed employment by the partnership or any of the partners,

      (b) "officer" includes a director, manager or secretary,

      (c) a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, and

      (d) the reference to directions or instructions in paragraph (c) does not include a reference to advice given in a professional capacity.

Issue of licence

    7.—(1) The Secretary of State shall grant an application for a licence unless satisfied that—

      (a) an organisation within sub-paragraph (4) would be likely to benefit from the licence (whether or not a condition were imposed under sub-paragraph (2)),

      (b) that the applicant has persistently failed to comply with the requirements of this Schedule, or

      (c) that the applicant has failed to comply with a condition imposed under sub-paragraph (2).

    (2) The Secretary of State may on granting a licence impose a condition if satisfied that it is necessary in order to prevent an organisation within sub-paragraph (4) from benefiting from the licence.

    (3) If the Secretary of State refuses an application for a licence he shall notify the applicant of the refusal.

    (4) An organisation is within this sub-paragraph if—

      (a) it is a proscribed organisation, or

      (b) it appears to the Secretary of State to be closely associated with a proscribed organisation.

    (5) In this paragraph a reference to a benefit is a reference to any benefit—

      (a) whether direct or indirect, and

      (b) whether financial or not.

    (6) In this paragraph a reference to the requirements of this Schedule includes a reference to the requirements of—

      (a) Part V of the Northern Ireland (Emergency Provisions) Act 1991 (private security services), and

      (b) Part V of the Northern Ireland (Emergency Provisions) Act 1996 (private security services).

Duration of licence

    8.—(1) A licence—

      (a) shall come into force at the beginning of the day on which it is issued, and

      (b) subject to sub-paragraph (2), shall expire at the end of the period of 12 months beginning with that day.

    (2) Where a licence is issued to a person who already holds a licence, the new licence shall expire at the end of the period of 12 months beginning with the day after the day on which the current licence expires.

    (3) The Secretary of State may by order substitute a period exceeding 12 months for the period for the time being specified in sub-paragraphs (1)(b) and (2).

Revocation of licence

    9.—(1) The Secretary of State may revoke a licence if satisfied that—

      (a) an organisation within paragraph 7(4) would be likely to benefit from the licence remaining in force,

      (b) that the holder of the licence has persistently failed to comply with the requirements of this Schedule, or

      (c) that the holder of the licence has failed to comply with a condition imposed under paragraph 7(2).

    (2) The Secretary of State shall not revoke a licence unless the holder—

      (a) has been notified of the Secretary of State's intention to revoke the licence, and

      (b) has been given a reasonable opportunity to make representations to the Secretary of State.

    (3) If the Secretary of State revokes a licence he shall notify the holder immediately.

    (4) Sub-paragraphs (5) and (6) of paragraph 7 shall apply for the purposes of this paragraph.

Appeal

    10. The applicant for a licence may appeal to the High Court if—

      (a) the application is refused,

      (b) a condition is imposed on the grant of the licence, or

      (c) the licence is revoked.

    11.—(1) Where an appeal is brought under paragraph 10, the Secretary of State may issue a certificate that the decision to which the appeal relates—

      (a) was taken for the purpose of preventing benefit from accruing to an organisation which was proscribed or which appeared to the Secretary of State to be closely associated with an organisation which was proscribed, and

      (b) was justified by that purpose.

    (2) If he intends to rely on a certificate under this paragraph, the Secretary of State shall notify the appellant.

    (3) Where the appellant is notified of the Secretary of State's intention to rely on a certificate under this paragraph—

      (a) he may, in accordance with rules made by the Lord Chancellor, appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and

      (b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

Change of personnel

    12. Paragraphs 13 and 14 apply to a person who—

      (a) holds a licence, or

      (b) has made an application for a licence which has not yet been determined.

    13.—(1) If a person to whom this paragraph applies proposes to employ a security guard about whom information was not given under paragraph 6, he shall give the Secretary of State such information about the security guard as the Secretary of State may specify.

    (2) The information shall be given not less than 14 days before the employment is to begin.

    (3) For the purposes of this paragraph the provisions of paragraph 6(5) shall have effect in relation to a holder of or an applicant for a licence as they have effect for the purposes of paragraph 6 in relation to an applicant.

    14.—(1) A person to whom this paragraph applies shall give the Secretary of State such information about a relevant change of personnel as the Secretary of State may specify.

    (2) The information shall be given—

      (a) not less than 14 days before the change, or

      (b) if that is not reasonably practicable, as soon as is reasonably practicable.

    (3) A relevant change of personnel is—

      (a) where the application for the licence was made by a partnership or a member of a partnership, a change in the members of the partnership, and

      (b) where the application for the licence was made by a body corporate, a change in the officers of the body (within the meaning of paragraph 6).

    (4) But a change of personnel is not relevant if it was mentioned in the information given under paragraph 6.

    15.—(1) A person commits an offence if he fails to comply with paragraph 13 or 14.

    (2) A person guilty of an offence under this paragraph shall be liable on summary conviction to—

      (a) imprisonment for a term not exceeding six months,

      (b) a fine not exceeding level 5 on the standard scale, or

      (c) both.

Records

    16.—(1) A constable may—

      (a) enter premises where a business involving the provision of security services is being carried on, and

      (b) require records kept there of a person employed as a security guard to be produced for the constable's inspection.

    (2) A constable exercising the power under this paragraph—

      (a) shall identify himself to a person appearing to be in charge of the premises, and

      (b) if the constable is not in uniform, shall produce to that person documentary evidence that he is a constable.

    (3) A person commits an offence if he fails to comply with a requirement under this paragraph.

    (4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.

    (5) A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—

      (a) imprisonment for a term not exceeding six months,

      (b) a fine not exceeding level 5 on the standard scale, or

      (c) both.

    17.—(1) A person who provides security services for reward commits an offence if he makes or keeps a record of a person employed by him as a security guard which he knows to be false or misleading in a material particular.

    (2) A person guilty of an offence under this paragraph shall be liable—

      (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

      (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

Offence: body corporate

    18.—(1) This paragraph applies where an offence under this Schedule committed by a body corporate is proved—

      (a) to have been committed with the consent or connivance of an officer of the body corporate, or

      (b) to be attributable to neglect on the part of an officer of the body corporate.

    (2) The officer, as well as the body corporate, shall be guilty of the offence.

    (3) In this paragraph "officer" includes—

      (a) a director, manager or secretary,

      (b) a person purporting to act as a director, manager or secretary, and

      (c) a member of a body corporate the affairs of which are managed by its members.

Notice

    19.—(1) A notice under this Schedule shall be in writing.

    (2) Information required to be given to the Secretary of State under this Schedule—

      (a) shall be in writing, and

      (b) may be sent to him by post.

    (3) The Secretary of State may serve a notice under this Schedule on an individual—

      (a) by delivering it to him,

      (b) by sending it by post addressed to him at his usual or last-known place of residence or business, or

      (c) by leaving it for him there.

    (4) The Secretary of State may serve a notice under this Schedule on a partnership—

      (a) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or

      (b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.

    (5) The Secretary of State may serve a notice under this Schedule on a body corporate—

      (a) by sending it by post to the secretary or clerk of the body at its registered or principal office, or

      (b) by addressing it to the secretary or clerk of the body and leaving it at that office.

    (6) The Secretary of State may serve a notice under this Schedule on any person—

      (a) by delivering it to his solicitor,

      (b) by sending it by post to his solicitor at his solicitor's office, or

      (c) leaving it for his solicitor there.

    (7) Sub-paragraphs (4) to (6) do not apply in relation to a notice under paragraph 11.'.


   

Mr David Lidington
Mr John M. Taylor

NS1

To move the following Schedule:—

'Designation

    .—(1) The Secretary of State may by order designate countries or parts of countries outside the United Kingdom to which subsections (2)(a) and (2)(b) of section 1 of this Act shall not apply.

    (2) Any such order shall cease to have effect at the end of the period of twelve months beginning with the day on which it came into force.

    (3) The Secretary of State may by order provide that an order made under this Schedule shall cease to have effect.

    (4) An order under sub-paragraphs (2) or (3) shall be made by statutory instrument and shall only be made if a draft has been laid before and approved by a resolution of each House of Parliament.'.


 
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