|Amendments proposed to the Terrorism Bill - continued||House of Commons|
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Miss Ann Widdecombe
161Page 57, line 2 [Clause 121], at end insert
'( ) paragraph 16 of Schedule 7'.
Mr Secretary Straw
41Page 57, line 25 [Clause 121], leave out 'or'.
Mr Secretary Straw
42Page 57, line 26 [Clause 121], at end insert
Mr Secretary Straw
NS1To move the following Schedule:
Orders1.(1) Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution to provide customer information for the purposes of the investigation.
(2) The information shall be provided
(3) An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.
(4) It is a defence for an institution charged with an offence under sub-paragraph (3) to prove
(5) An institution guilty of an offence under this sub-paragraph (3) shall be liable to a fine not exceeding level 5 on the standard scale.
Procedure2. An order under paragraph 1 may be made only on the application of
3. An order under paragraph 1 may be made only by
4.(1) Crown Court rules may make provision about the procedure for an application under paragraph 1.
(2) The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
Criteria for making order5. An order under paragraph 1 may be made only if the person making it is satisfied that
Financial institution6.(1) In this Schedule "financial institution" means
(2) The Secretary of State may by order provide for a class of person
(3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
Customer information7.(1) In this Schedule "customer information" means (subject to sub-paragraph (3))
(2) For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)
(3) The Secretary of State may by order provide for a class of information
Offence by body corporate, &c.8.(1) This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence
(2) The officer, as well as the institution, shall be guilty of the offence.
(3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to
(4) In the case of an institution which is a body corporate, in this paragraph "officer" includes
(5) In the case of an institution which is a partnership, in this paragraph "officer" means a partner.
(6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph "officer" means a person concerned in the management or control of the association.
Self-incrimination9.(1) Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees.
(2) Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8)).'.
Mr Andrew MacKay
NS2To move the following Schedule:
'Detention of Terrorists
Advisers1. The Secretary of State shall for the purposes of this Schedule appoint such number of Advisers as he may determine to advise him on matters concerning the detention and release of terrorists.
2. An Adviser shall be a person who holds or has held judicial office in any part of the United Kingdom or who is
3.(1) An Adviser shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for reappointment.
(2) An Adviser may at any time by notice in writing to the Secretary of State resign his office.
(3) The Secretary of State may pay to the Advisers such remuneration and allowances as he may determine.
Interim custody orders4.(1) Where it appears to the Secretary of State that there are grounds for suspecting that a person has been concerned
the Secretary of State may make an interim custody order for the temporary detention of that person.
(2) An interim custody order shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.
5.(1) The Secretary of State may, at any time before the expiry of the period of fourteen days following the date of an interim custody order, refer the case to an Adviser and, unless the case is so referred, the order shall cease to have effect at the expiry of that period.
(2) A reference to an Adviser under this paragraph shall be by notice in writing signed on behalf of the Secretary of State and a copy of the notice shall be sent to the person detained.
Reference to an Adviser6.(1) As soon as possible after a case is referred to an Adviser under paragraph 5, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.
(2) A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1), send to the Secretary of State
and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.
(3) The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.
7.(1) Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion
(2) In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the persons detained.
(3) No person shall be present during the consideration of an Adviser of the case of any person referred to him, except
(4) The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.
Detention orders8.(1) After receiving a report made by an Adviser under paragraph 7(1), the Secretary of State shall consider the case of the person to whom it relates and, if he is satisfied
the Secretary of State may make a detention order for the detention of that person.
(2) If, on considering any case under sub-paragraph (1), the Secretary of State is not satisfied as mentioned in that sub-paragraph, he shall direct the release of the person concerned.
(3) Subject to sub-paragraphs (4) and (5), where
the interim custody order shall cease to have effect.
(4) The Secretary of State may, where a person is required to be detained under an interim custody order, give a direction in writing extending the period of seven weeks mentioned in sub-paragraph (3) (or that period as extended under this sub-paragraph) for a further period of one week if it is stated in the direction that the report of the Adviser in relation to that person's case has not been received before the sixth day immediately preceding the day on which the interim custody order would, but for the direction, cease to have effect.
(5) Not more than three directions under sub-paragraph (4) shall be given in respect of any one interim custody order.
(6) A detention order shall be signed by the Secretary of State, and a direction under sub-paragraph (4) shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.
Supplemental9.(1) The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and, if so requested in writing in accordance with sub-paragraph (2) by a person so detained, shall do so within fourteen days beginning with the receipt of the request.
(2) A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1)
(3) On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person's continued detention is necessary for the protection of the public.
(4) Paragraphs 6(3) and 7(2) to (4) shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5.
(5) Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.
(6) A notification under sub-paragraph (5) shall be by notice in writing and signed by the Secretary of State.
10.(1) The Secretary of State may, as respects a person detained under an interim custody order
(2) The Secretary of State may, as respects a person detained under a detention order
(3) The Secretary of State may recall to detention a person released under sub-paragraph (1)(b) or (2)(b) and a person so recalled may be detained under the original interim custody or detention order, as the case may be.
(4) Where a person is released under sub-paragraph (1)(b), any period during which he is not in detention shall be left out of account for the purposes of paragraphs 5(1), 6(2), and 8(3).
11.(1) A person required to be detained under an interim custody order or a detention order may be detained in a prison or in some other place approved for the purposes of this paragraph by the Secretary of State.
(2) A person for the time being having custody of a person required to be detained as aforesaid shall have all the powers, authorities, protection and privileges of a constable.
(3) Subject to any directions of the Secretary of State, a person required to be detained as aforesaid shall be treated as nearly as be as if he were a prisoner detained in a prison on remand and any power of temporary removal for judicial, medical or other purposes shall apply accordingly.
(4) A person required to be detained as aforesaid who is unlawfully at large may be arrested without warrant by any constable or any member of Her Majesty's forces on duty.
12. Where a person required to be detained under an interim custody order is unlawfully at large, the interim custody order shall not cease to have effect under paragraphs 5 or 8 while he remains at large; and, upon his being taken again into custody, those paragraphs shall have effect as if the date of the interim custody order were that of his being taken again into custody.
13. Any person who
is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding five years or a fine or both.
14.(1) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Schedule and to be signed in accordance with this Schedule shall be received in evidence and shall, until the contrary is proved, be deemed to be duly made or given and signed.
(2) Prima facie evidence of any such order, notice or direction may, in any legal proceedings, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State stating that the document is a true copy of the order, notice or direction; and the certificate shall be received in evidence, and shall, until the contrary is proved, be deemed to be duly made and signed.
15. The Secretary of State may make such payments to persons released or about to be released from detention under this Schedule as he may, with the consent of the Treasury, determine.'.
|©Parliamentary copyright 2000||Prepared 15 Mar 2000|