Amendments proposed to the Terrorism Bill, As Amended - continued House of Commons

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Mr Secretary Straw

43

Page     60     [Schedule     1],     leave out lines 8 to 17 and insert—

    '(2) Subject to the provisions of this paragraph and paragraph 2—

      (a) the provisions to which this paragraph applies shall continue in force for the period of 12 months starting with the day on which this Act is passed, and

      (b) the Secretary of State may by order provide for all or any of those provisions to continue in force for the period of 12 months immediately following the period mentioned in paragraph (a).

    (3) Sub-paragraph (2) shall have effect notwithstanding—

      (a) the expiry of a period specified in an order under section 62(3)(a) or (c) of the 1996 Act (temporary extension) where the order was made before the passing of this Act, and

      (b) section 62(10) of the 1996 Act (automatic repeal on 24th August 2000).

    (4) The Secretary of State may by order provide for any of the provisions to which this paragraph applies—

      (a) to cease to have effect on a specified day;

      (b) to cease to be one of the temporary provisions for the purposes of section 62 of the 1996 Act on a specified day;

    and different days may be specified for different purposes.'.

   

Mr Secretary Straw

44

Page     60,     line     20     [Schedule     1],     leave out 'paragraph 1(2)(a)' and insert 'virtue of paragraph 1(2)(a) or (b)'.

   

Mr Secretary Straw

45

Page     60,     line     20     [Schedule     1],     leave out 'by virtue of paragraph 1(2)(b)' and insert 'on the expiry of a period mentioned in paragraph 1(2) or ceases to be a temporary provision by virtue of paragraph 1(4)(b)'.

   

Mr Secretary Straw

46

Page     60,     line     23     [Schedule     1],     at end insert 'the following provisions of the 1996 Act—

      () section 26(1)(b) (power of entry on authority of Secretary of State),'.

   

Mr Secretary Straw

47

Page     60,     line     24     [Schedule     1],     leave out 'of the 1996 Act'.

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr John M. Taylor

147

*Page     60     [Schedule     1],     leave out lines 36 to 38.


   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr John M. Taylor

162

*Page     62,     line     9     [Schedule     3],     after 'Chancellor', insert 'after consulting the Chairman of the Intelligence and Security Committee'.

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr John M. Taylor

163

*Page     62,     line     33     [Schedule     3],     after 'may', insert ', after consulting the Chairman of the Intelligence and Security Committee,'.

   

Mr Secretary Straw

48

Page     62,     line     42     [Schedule     3],     at end insert—

    '() In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—

      (a) that decisions which are the subject of appeals are properly reviewed, and

      (b) that information is not disclosed contrary to the public interest.'.

   

Mr Secretary Straw

49

Page     62,     line     47     [Schedule     3],     at end insert 'and from any person representing it or him'.


   

Mr Secretary Straw

50

Page     63,     line     1     [Schedule     3],     leave out 'legal'.

   

Mr Secretary Straw

51

Page     63,     line     7     [Schedule     3],     leave out 'leave' and insert 'permission'.

   

Mr Secretary Straw

52

Page     63,     line     22     [Schedule     3],     at end insert—

    '() In paragraphs 5 and 8 of this Schedule a reference to an organisation includes a reference to a person designated under this paragraph.'.

   

Mr Secretary Straw

53

Page     63,     line     40     [Schedule     3],     at end insert—

    '() In paragraphs 5 and 8 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.'.

   

Mr Secretary Straw

54

Page     63     [Schedule     3],     leave out lines 47 and 48.

   

Mr Secretary Straw

55

Page     63,     line     49     [Schedule     3],     at end insert—

      'or

      () any person representing the organisation concerned or the applicant.'.


   

Mr Secretary Straw

56

Page     73,     line     30     [Schedule     4],     at end insert—

    '.—(1) This paragraph applies where—

      (a) a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18, and

      (b) the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5) as applied by section 8(1).

    (2) A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation.

    (3) The Court of Session may order compensation to be paid to the applicant if satisfied—

      (a) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

      (b) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

    (4) Compensation payable under this paragraph shall be paid by the Secretary of State.'.


   

Mr Secretary Straw

57

Page     79,     line     48     [Schedule     4],     at end insert—

    '.—(1) This paragraph applies where—

      (a) a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18, and

      (b) the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5), as applied by section 8(2).

    (2) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

    (3) The High Court may order compensation to be paid to the applicant if satisfied—

      (a) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

      (b) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

    (4) Compensation payable under this paragraph shall be paid by the Secretary of State.'.


   

Mr Secretary Straw

58

Page     94,     line     20     [Schedule     5],     at end insert—

    '18A.—(1) The Secretary of State may by a written order which relates to specified premises give to any constable in Northern Ireland—

      (a) the authority which may be given by a search warrant under paragraph 1;

      (b) the authority which may be given by a search warrant under paragraph 11.

    (2) An order shall not be made under this paragraph unless—

      (a) it appears to the Secretary of State that the information which it would be necessary to provide to the court in support of an application for a warrant would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 55, and

      (b) the order is made for the purposes of an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 55.

    (3) The Secretary of State may make an order under sub-paragraph (1)(a) in relation to particular premises only if satisfied—

      (a) that there are reasonable grounds for believing that there is material on the premises which is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and which does not consist of or include excepted material, and

      (b) that the authority of an order is likely to be necessary in the circumstances of the case.

    (4) The Secretary of State may make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that an order made under paragraph 5 in relation to material on the premises has not been complied with.

    (5) The Secretary of State may also make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that there are reasonable grounds for believing that—

      (a) there is material on the premises which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege,

      (b) the material is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and

      (c) an order under paragraph 5 would not be appropriate in relation to the material for the reason mentioned in paragraph 12(4)(a) or (b) or because the investigation mentioned in sub-paragraph (2)(b) might be seriously prejudiced unless a constable can secure immediate access to the material.

    (6) An order under sub-paragraph (1)(b) may not be made except in the circumstances specified in sub-paragraphs (4) and (5).

    (7) A person commits an offence if he wilfully obstructs a search under this paragraph.

    (8) A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—

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

      (b) a fine not exceeding level 4 on the standard scale, or

      (c) both.

    18B.—(1) The Secretary of State may exercise the power to make an order under paragraph 5 in relation to any person in Northern Ireland who is specified in the order.

    (2) An order shall not be made by virtue of this paragraph unless it appears to the Secretary of State that the information which it would be necessary to provide to a county court judge in support of an application for an order under paragraph 5 would, if disclosed—

      (a) be likely to place any person in danger, or

      (b) be likely to prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 55.

    (3) Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtue of this paragraph with the following modifications—

      (a) references to a county court judge shall be taken as references to the Secretary of State,

      (b) the references to "a terrorist investigation" in paragraphs 5(1) and 6(2)(a) shall be taken as references to an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 55, and

      (c) the references to "a terrorist investigation" in paragraphs 6(2)(b) and 6(3)(a) shall be taken as references to the investigation mentioned in paragraph 6(2)(a).

    (4) Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtue of this paragraph.

    (5) The Secretary of State may vary or revoke an order made by virtue of this paragraph.

    (6) A person commits an offence if he contravenes an order made by virtue of this paragraph.

    (7) A person guilty of an offence under sub-paragraph (6) 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.

    18C.—(1) The Secretary of State may by a written order require any person in Northern Ireland who is specified in the order to provide an explanation of any material—

      (a) seized in pursuance of an order under paragraph 18A, or

      (b) produced or made available to a constable in pursuance of an order made by virtue of paragraph 18B.

    (2) The provisions of paragraphs 13(2) to (4) and 14 shall apply to an order under this paragraph as they apply to an order under paragraph 13.

    (3) The provisions of paragraph 16(3) to (5) shall apply to an order under this paragraph as they apply to a notice under paragraph 16.'.

 
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Prepared 13 Mar 2000