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Amendments Relating to Section 1


Amendments made: No. 60, in page 2, line 14, leave out " or 9" and insert "9 or 10".
No. 61, in page 2, line 32, leave out "and 9" and insert "9 and 10".—[Beverley Hughes.]
Clause 2, as amended, ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.

Schedule 2

Terrorist Property: Amendments


Amendments made: No. 46, in page 87, leave out line 28 and insert—

'(5) For paragraph 19(3) substitute—

"(3) A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

(3A) A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—

(a) if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the Court of Session considers reasonable, and

(b) if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.".'.

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No. 47, in page 87, line 28, at end insert—

'(6) In paragraph 23(1) for "19(3)(a)" substitute "19(3A)(a)".'.
No. 62, in page 92, line 43, at end insert—

'(ca) the acceptance of deposits from the public within the limit set by section 7(3) of that Act by such a society;'.—[Beverley Hughes.]
Schedule 2, as amended, agreed to.
Clauses 4 to 6 ordered to stand part of the Bill.
Schedule 3 agreed to.
Clauses 7 to 17 ordered to stand part of the Bill.
Schedule 4 agreed to.
Clauses 18 to 20 ordered to stand part of the Bill.

Clause 21

Suspected international terrorist: certification

Mr. Blunkett: I beg to move amendment No. 69, in page 10, line 35, after "State", insert "reasonably".

The Second Deputy Chairman: With this it will be convenient to discuss the following: Amendment No. 96, in page 10, line 36, leave out "believes" and insert—


'has substantial grounds to believe'.

Amendment No. 97, in page 10, line 38, leave out "suspects" and insert—


'has substantial grounds to suspect'.

Amendment No. 110, in page 10, line 42, leave out from "group" to end of line 2 on page 11.

Amendment No. 98, in page 11, leave out lines 12 and 13.

Amendment No. 99, in clause 22, page 12, line 9, at end insert—


'(k) giving directions for a person's physical removal (to a country of which he is a national or citizen or to which there is reason to believe he will be admitted) pursuant to section 5(5) and paragraph 1 of Schedule 3 to that Act.'.

Clauses 22 to 24 stand part.

Government amendment No. 70.

Amendment No. 100, in clause 25, page 13, line 5, leave out "does not agree with" and insert—


'is not satisfied that there are substantial grounds for'.

Clause 25 stand part.

Amendment No. 111, in clause 26, page 13, line 18, leave out from "25" to end of line 19 and insert "within three months".

Amendment No. 112, in page 13, line 21, leave out from "brought" to "months" in line 22 and insert "within three".

Amendment No. 113, in page 13, line 24, leave out from "21" to "month" in line 25 and insert "within three".

Government amendment No. 71.

Clause 26 stand part.

Amendment No. 114, in clause 27, page 14, line 37, leave out from "certificate" to end of line 38 and insert—


'(a) on grounds of change of circumstances, or
(b) where the initial certificate was cancelled because of a technical irregularity.'.

Clause 27 stand part.

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Amendment No. 53, in clause 28, page 15, line 10, at end insert—


'but no order shall be made under this subsection after the expiry of the period of five years beginning with the date on which this Act was passed'.

Amendment No. 48, in page 15, line 10, at end insert—


'.( ) The power to revive or continue sections 21 to 23 by way of an order under subsection (2), may only be used once.'.

Clause 28 stand part.

Amendment No. 101, in clause 29, page 15, line 38, at end insert—


'save to review compliance with any rules made under section 5 of the Special Immigration Appeals Commission Act 1997'.

Amendment No. 115, in page 15, leave out lines 39 to 41.

Amendment No. 118, in page 15, leave out lines 42 and 43.

Clause 29 stand part.

Amendment No. 49, in clause 30, page 16, line 9, leave out subsection (2).

Amendment No. 117, in page 16, leave out lines 13 to 15.

Amendment No. 50, in page 16, line 15, leave out from "question" to end of line 17.

Clauses 30 to 32 stand part.

New clause 2—Annual review


'28A.—(1) The appropriate Minister shall appoint an independent Commissioner for the purpose of this section.
(2) The Commissioner must review the operation of sections 21 to 23 before the end of the period—
(a) of 15 months beginning with the day on which this Act is passed;
(b) specified by an order made under section 28(2)(b) and (c), beginning with the date on which that order first came into force; and
(c) specified by an order made under section 28(4), but only if it has been approved by resolution of each House of Parliament.
(3) The Commissioner conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament.
(4) In this section "the Commissioner" means the Commissioner appointed under subsection (1).'.

Simon Hughes: On a point of order, Sir Michael. I was listening very carefully and waiting for clause 17 to be called. We are minded to vote against it standing part of the Bill, but it was not called either on its own or with other clauses.

The Second Deputy Chairman: I read out very clearly the measures on which the Committee must vote, and the clause was included. I am afraid that the hon. Gentleman has missed his chance. We must now proceed to debate the proposals grouped with Government amendment No. 69.

Simon Hughes: Further to my point of order, Sir Michael. I do not wish to detain the Committee, but may I take you through what you said? Apparently, we were dealing with clauses 4 to 6, schedule 3, clauses 7

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to 16 and schedule 4. My colleagues and I were listening carefully, and I understand that clause 17 was not included, although a schedule relating to it was included.

The Second Deputy Chairman: Let me repeat everything that I read out. I read out a proposal that clauses 4 to 6, schedule 3, clauses 7 to 17—[Hon. Members: "No; 16"]—schedule 4 and clauses 18 to 20 stand part of the Bill. That is what I read out. That is what I put to the Committee, and the Committee agreed to it. We must now move on.

6.30 pm

Simon Hughes rose

The Second Deputy Chairman: No.

Simon Hughes: What if I asked you to take advice, Sir Michael?

The Second Deputy Chairman: I do not need to take advice. I am sure that what I read out—[Interruption.] Order. I am quite clear about this, and there is no point in pursuing it further. I put clause 17 to the Committee, among other provisions, and the Committee agreed to it. We must now move on to the debate on amendment No. 69 and the proposals taken with it.

Simon Hughes: On a point of order, Sir Michael.

The Second Deputy Chairman: I hope it is a separate point of order, because I have dealt fully with the earlier one, and we need to move on.

Simon Hughes: It is a separate point of order, Sir Michael.

Mr. Tam Dalyell (Linlithgow) rose

The Second Deputy Chairman: Order. The hon. Gentleman must resume his seat. I am on my feet, and I cannot deal with two points of order at once.

Simon Hughes: May I ask you, Sir Michael, to consider either putting the last Question again or putting the Question relating to clause 17 separately, to allow the Committee—

The Second Deputy Chairman: Order. I have explained the position to the hon. Gentleman, who is merely repeating what he said earlier. I am clear about what I put to the Committee: I have it before me. The Committee has agreed to the clause in question, and we must now move to the next business.


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