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David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
151
Clause 1, page 2, line 39, at end insert—
'(3A) A control order may only impose an obligation on a controlled person to meet, report to or otherwise have dealings with, or to allow on to land or buildings in his occupation, a police constable.'.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
154
Clause 1, page 2, line 39, at end insert—
'(3A) A control order may only impose an obligation on a controlled person to meet. report to or otherwise have dealings with, or to allow on to land or buildings in his occupation, a specified person or any person who is a British citizen and is not in the employment of or under contract to any foreign government.'.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
62
Clause 1, page 2, line 40, leave out subsection (4).
Mr Simon Thomas
Mr Alex Salmond
Mr Elfyn Llwyd
Mr Michael Weir
Hywel Williams
Annabelle Ewing
176
Clause 1, page 2, line 42, leave out 'includes, in particular' and insert 'shall not be construed so as to include'.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
63
Clause 1, page 2, line 43, leave out 'place or'.
Mr David Winnick
Mr Richard Burden
163
Clause 1, page 3, line 5, at end insert—
'(6A) Where the Secretary of State makes a control order—
| (a) | he must immediately refer the order to the court and notify the controlled person that he has done so; and |
| (b) | the court must consider whether the matters relied on by the Secretary of State to justify the making of the order were capable (if not disproved) of constituting reasonable grounds for him to make the order he did. |
(6B) The court's consideration on a reference under subsection (6A)(a) must begin no more than 7 days after the day on which the control order in question was made.
(6C) On a reference under subsection (6A)(a), the court—
| (a) | if not satisfied that the matters relied on by the Secretary of State were capable of constituting reasonable grounds for him to make a control order against the controlled person, must quash the order; and |
| (b) | in any other case, must give directions for the carrying out of a hearing by the court relating to the order. |
(6D) On a hearing by the court under subsection (6C)(c), the court must conduct its own hearing of each of the matters that fell to be determined by the Secretary of State—
| (a) | in making his decision to make the order; and |
| (b) | in making his decisions to impose the obligations imposed by the order; |
and the court must make its own determination on each of those matters.
(6E) The powers of the court in making the determinations under subsection (6D) are confined to—
| (a) | power to confirm the order as made; |
| (b) | power to quash the order; |
| (c) | power to quash one or more obligations imposed by the order; |
| (d) | power to give directions to the Secretary of State for the revocation of the order or for the modification of the obligations it imposes. |
(6F) If requested to do so by the controlled person, the court must discontinue—
| (a) | a reference under subsection (6A)(a); or |
| (b) | a hearing under subsection (6C)(c).'. |
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
152
Clause 1, page 3, line 7, leave out 'specified person' and insert 'police constable'.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
198
Clause 1, page 3, line 9, at end insert—
'(7A) A control order may not be made against more than one individual.'.
Mr Jim Cousins
172
Clause 1, page 3, line 12, at end insert 'related to a threat to national security or a threat to the national security of other nations'.
Lynne Jones
John Austin
178
Clause 1, page 3, line 15, leave out 'gives' and insert 'is intended to give'.
Lynne Jones
John Austin
179
Clause 1, page 3, line 16, leave out 'or which is intended to do so'.
Mr John Denham
Vera Baird
Mr David Kidney
Lynne Jones
96
Clause 1, page 3, line 21, at end add—
'(9) Before making a control order the Secretary of State must—
| (a) | seek the advice of the Director of Public Prosecutions on whether there is sufficient evidence on which to bring a criminal prosecution against the controlled person; and |
| (b) | publish on the face of the control order a statement as to whether or not such advice has been obtained.'. |
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
217
Page 1, line 2, leave out Clause 1.
Mr Win Griffiths
Mrs Jackie Lawrence
Richard Burden
Mr Clive Betts
Mr Simon Thomas
Mr Alex Salmond
6
Clause 2, page 3, line 23, after 'The', insert 'court on the application of the'.
Mr Robin Cook
Mr Chris Smith
Vera Baird
Helen Jackson
Mr Jim Cousins
Rob Marris
1
Clause 2, page 3, line 23, leave out 'make' and insert 'apply for'.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Lynne Jones
John Austin
David Davis
64
Clause 2, page 3, line 23, leave out 'make' and insert 'apply to the court for'.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
183
Clause 2, page 3, line 23, after 'order', insert 'under section 1'.
Mr Win Griffiths
Mrs Jackie Lawrence
Richard Burden
Mr Clive Betts
Vera Baird
Mr Simon Thomas
7
Clause 2, page 3, line 26, leave out 'he' and insert 'it'.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
65
Clause 2, page 3, line 26, leave out 'on the balance of probabilities' and insert 'beyond reasonable doubt'.
Mr Win Griffiths
Mrs Jackie Lawrence
Richard Burden
Mr Clive Betts
Vera Baird
Mr Simon Thomas
8
Clause 2, page 3, line 28, leave out 'he' and insert 'it'.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Lynne Jones
John Austin
Simon Hughes
67
Clause 2, page 3, line 29, leave out 'purposes connected with' and insert 'the purpose of'.
Mr Win Griffiths
168
Clause 2, page 3, line 32, leave out 'and'.
Mr Win Griffiths
169
Clause 2, page 3, line 34, at end insert 'and
| (e) | he has obtained the agreement of the Intelligence and Security Commitee ("the Committee"). |
(1A) For the purposes of subsection (1)(e)—
| (a) | the Secretary of State must place before the Committee— |
| (i) | the evidence on which he relied in deciding to apply for the making of a control order imposing a derogating obligation, and |
| (ii) | a statement of the reasons for his decision, and |
| (b) | the Committee must decide, within 48 hours of receiving that evidence and that statement, whether or not to agree to the application.'. |
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Lynne Jones
John Austin
Simon Hughes
66
Clause 2, page 3, line 35, leave out from beginning to end of line 34 on page 4.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
184
Clause 2, page 3, line 35, leave out subsections (2) to (7).
Mr Win Griffiths
Mrs Jackie Lawrence
Richard Burden
Mr Clive Betts
Vera Baird
Mr Simon Thomas
9
Clause 2, page 3, line 35, after 'the', insert 'court on the application of the'.
Mr Robin Cook
Mr Chris Smith
Vera Baird
Helen Jackson
Mr Jim Cousins
Rob Marris
2
Clause 2, page 3, line 35, leave out 'makes' and insert 'applies for'.
Mr Robin Cook
Mr Chris Smith
Vera Baird
Helen Jackson
Mr Jim Cousins
Rob Marris
3
Clause 2, page 3, line 36, leave out from end of line to end of line 25 on page 4 and insert—
| '(a) | the court must consider whether the matters relied on by the Secretary of State to justify applying for the order were capable (if not disproved) of constituting reasonable grounds for it to make an interim control order. |
| (b) | in the event of the court making an interim control order it must give directions for the carrying out of a hearing of the court to consider making a control order. |
| (c) | on a hearing by the court under subsection (2) (b) the court must conduct its own hearing of each of the matters that fell to be determined by the Secretary of State— |
| (i) | in making his decision to apply for the order; and |
| (ii) | in making his decisions to apply for the obligations imposed by the order; and the court must make its own determination on the balance of probabilities on each of those matters.'. |
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