House of Commons - Explanatory Note
Terrorism Bill - continued          House of Commons

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Schedule 6: Port and border controls

114.     This Schedule makes similar provision to that at Schedule 5 of the Prevention of Terrorism Act 1989. The main differences are:

  • The maximum period that a person may be detained at a port for questioning, whether or not the examining officer has a reasonable suspicion that the person is or has been concerned in the commission, preparation or instigation of acts of terrorism, is reduced from 24 hours to 9 hours (paragraph 6);

  • Captains of aircraft carrying passengers other than for reward may allow their passengers to embark from, or disembark at , non-designated airports provided they give 12 hours notice to an examining officer (paragraph 12);

  • The provision allowing an examining officer to require certain passengers leaving or entering Great Britain or Northern Ireland to complete cards will be subject to the affirmative resolution procedure and may be lapsed or repealed (paragraph 16 and Clause 118); and

  • The information relating to passengers, crews or their vehicles which examining officers will be able to request will be set out in a separate order subject to the negative resolution procedure (paragraph 17).

Schedule 7: Detention

Part I: Treatment of persons detained under section 39 or Schedule 6

115.     Paragraph 1 provides that the Secretary of State may direct where persons detained under Clause 39 or Schedule 6 shall be detained. Paragraphs 2-15 make provision for those detained under the Bill's arrest and detention procedures including that steps may be taken to identify them; fingerprints, intimate samples (e.g. DNA) and non-intimate samples (e.g. hair) may be taken; and any interviews with the police must be tape-recorded.

Part II: Review of detention under section 39

116.     Paragraphs 16-23 set out the arrangements for reviews of the continued detention by the police of a person arrested under Clause 39.

Part III: Extension of detention under section 39

Paragraph 24

117.     This paragraph provides that a police officer of at least the rank of superintendent may apply for a warrant of further detention in respect of an arrest under Clause 39. The application will be made to a judicial authority as defined by sub-paragraph (4). A warrant issued by the judicial authority will authorise the detention of a specific person for a specified period of time, with the maximum detention period being seven days from the time of arrest under Clause 39, or from the time when his examination under Schedule 6 began.

Paragraph 25

118.     This paragraph makes provision for an application to be made either within the 48-hour period specified in Clause 39(3) or within six hours of the end of that period. Where an application is made within this six-hour period the judicial authority will dismiss the application, if he thinks it could reasonably have been made before the 48-hour period expired.

Paragraph 27

119.     This paragraph provides that the judicial authority must be satisfied on a number of points before he may issue a warrant of further detention.

Paragraph 28

120.     This paragraph provides that an individual to whom an application for further detention applies must be notified that an application will be made, and that he shall be given notification of the grounds on which further detention is sought.

Paragraph 29

121.     This paragraph further provides that information about the application may be withheld from the individual or anyone representing him in certain circumstances, if the officer making the application believes that such disclosure is likely to harm the public interest.

Schedule 8: Scheduled Offences

122.     This list of offences are those which terrorists are particularly prone to commit and which because of the special circumstances that exist in Northern Ireland need to be treated in a special way as detailed in Part VII.

Schedule 9: Munitions and Transmitters: Search and Seizure

Paragraphs 2-6: Entering premises; stopping and searching persons; and seizure

123.     These paragraphs contain the main powers used by the police and Army to enter premises and dwellinghouses for the purpose of searching for arms etc. Under PACE, the police have general powers of entry and search of places to which the public has access. A search warrant is required to search dwellings other than for the purposes of making an arrest. PACE also provides entry and search powers upon or after arrest. Paragraph 4 adds to such powers: a power to restrict movement of persons present on premises which are in the course of being searched

124.     PACE powers to stop and search in public places are exercisable on suspicion that a stolen item, offensive weapon, or an item intended for criminal use will be found. Entry and search of premises other than to make an arrest or prevent a breach of the peace, damage or injury must be under the authority of a warrant. By contrast paragraph 5 allows the police and Army to stop and search any person in a public place for unlawful munition or wireless apparatus and to search any person not in a public place on reasonable suspicion of having such items.

Paragraph 7-10 : Records and offence

125.     This provision places a duty on the police and Army to make a written record of searches conducted under Schedule 9; and it makes it an offence to fail to comply with any requirement on the restriction of movement of persons during a search; to wilfully obstruct or seek to frustrate the object of such a search; and to fail to stop when required to do so.

Schedule 11: Compensation

126.     This schedule allows for compensation to be claimed from the Secretary of State where property is taken, occupied, destroyed or damaged, or any other private property rights interfered with as a consequence of action taken under this part of the Act. No compensation is payable however where the action taken is in connection with, or reveals evidence of, a scheduled offence or an offence under the Act for which the owner of the property is later convicted.


127.     Paragraph 3 allows information collected by immigration officers and customs officers to be supplied to police officers and vice versa thus facilitating increased co-operation between frontier control agencies. It also creates an order-making power to permit other organisations to be added to the list in future.

128.     Paragraphs 5-7 make provision for the issuing of codes of practice, including on audio recording.

Schedule 14: Repeals

129.     Because the Bill repeals the PTA, EPA and sections 1 to 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998, any provisions of those Acts which are not replicated in the Bill will no longer have effect.

Exclusion orders

130.     Part II of the PTA includes a power for the Secretary of State to make exclusion orders. These orders could prevent a person from entering Northern Ireland, or from entering Great Britain, or from entering the United Kingdom. This Part was lapsed by the Government in 1998 and is not replicated in the Bill.

Ancillary offences

131.     Section 18 of the PTA makes it an offence for any person holding information which could be of use in preventing or investigating Irish terrorism, not to disclose that information to the police. This offence is not replicated in the Bill. The similar but more focused offence at section 18A of the PTA is replicated as Clause 18 of the Bill.

132.     Section 35 of the EPA made it an offence in Northern Ireland to wear a hood. This offence is not replicated in the Bill.

financial effects of the bill

133.     The Bill may result in an increased burden on the criminal justice system. It is particularly difficult to predict the impact of new offences which will have an important deterrent effect and may result in few if any prosecutions. For example, depending on the number of additional cases, the additional annual costs could amount to at least £1.9m to the Lord Chancellor's Department, £1.2m to the Crown Prosecution Service and £2.3m to the Home Office. Other costs arising from the Bill will be marginal.

effects of the bill on public service manpower

134.     The Bill is not expected to have any significant effect on public service manpower requirements.

summary of the regulatory appraisal

135.     The provisions in Schedule 6 (Port and border controls) which may affect businesses (on the provision of facilities and the collection of information) are based on existing requirements under the PTA. It is not expected that they will place any significant additional burden on business.

136.     A more detailed statement on this is available from:

Organised and International Crime Directorate

Room 620

The Home Office

50 Queen Anne's Gate



Fax: 0171 273 4001

european convention on human rights

137.     Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before second reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined in section 1 of that Act). The Home Secretary has made the following statement:

  • "In my view the provisions of the Terrorism Bill are compatible with the Convention rights".


138.     Clauses on Northern Ireland transitional provisions (Clause 2(2) and Schedule 1); the making of rules, regulations and orders under the Act; short title; and extent will come into force on Royal Assent. The other provisions will come into force on such dates as the Secretary of State appoints by order.

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Prepared: 2 December 1999