Select Committee on Home Affairs First Report


Asylum & immigration:

  • Power to detain persons certified to be suspected international terrorists (clauses 21-23).
  • Provision to enable rejection of asylum claims made by persons certified to be excluded from the protection of Art.33(1) of the Refugee Convention (i.e., because they are a threat to national security) (clauses 33-34).
  • Removal of judicial review (clauses 29 and 33(8)).

Data-sharing and retention of communications data

  • Provision to allow passenger information records to be supplied to law enforcement agencies (clause 117 and Sched.14)
  • Removal of barriers which prevent customs and revenue officers providing information to law enforcement agencies in their fight against terrorism (clauses 17-19)
  • Provision to enable communication service providers to retain records of calls and other data (clauses 101 - 105)

Racial and religious offences

  • Extension of incitement to include religious as well as racial hatred (clauses 36 - 38)
  • Provision to increase the maximum penalty for both offences, from two to seven years imprisonment (clauses 40 -41)
  • Extension of racially-aggravated offences to include aggravation by religious factors (clause 39)


  • New offences for anyone guilty of using noxious substances to cause harm and intimidate and anyone guilty of hoaxes or threats involving noxious substances, with a maximum penalty of seven years' imprisonment (clauses 111 - 113)

Third Pillar

  • Enabling power for implementation of the third pillar (clause 109)


  • Extended powers for police to demand the removal of facial covering and gloves for the purpose of identification (clauses 88 - 94)
  • Retention of fingerprints taken in immigration and asylum cases for up to ten years (clause 35)


  • Powers to prevent terrorists from gaining access to their money, powers to monitor bank accounts and to seize cash in-country (Part 1 and Schedules 1 - 2)
  • Extended powers to freeze assets (Part 2 and Schedule 3)
  • Strict reporting obligations on the financial sector including offence of failing to report transaction where a bank knows or suspects funds may be intended for terrorist purposes (Part 2 and Schedule 2, part 3, para.5)


  • Measures to close existing gaps in legislation relating to biological and chemical weapons (Part 6)
  • Measures to control the security of pathogens and toxins (Part 7)
  • Measures to reinforce and update the regulatory regime for security in the nuclear industry (Part 8)
  • Measures to strengthen security at airports and for passengers, both within restricted areas and aboard aircraft (Part 9)
  • Expansion of the jurisdiction of British Transport Police, together with those working on enforcement from the MOD and Atomic Energy Agency (clauses 97-100)
  • Measures to strengthen the law on international corruption (Part 12)
  • Re-introduction of offence of failing to disclose information (clause 115)
  • Other miscellaneous amendments to the Terrorism Act 2000 and the Intelligence Services Act 1994 (clauses 114, 116-119)

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Prepared 19 November 2001