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Mr Win Griffiths
Mrs Jackie Lawrence
Richard Burden
Mr Clive Betts
Vera Baird
Mr Simon Thomas
53
Clause 9, page 11, line 1, after 'the', insert 'court on the application of the'.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
87
Clause 9, page 11, line 1, leave out 'Secretary of State' and insert 'court'.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
203
Clause 9, page 11, line 4, leave out paragraphs (b) and (c).
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
David Davis
Mr Dominic Grieve
Patrick Mercer
88
Clause 9, page 11, line 10, leave out subsection (8).
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
229
Page 10, line 18, leave out Clause 9.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
Simon Hughes
230
Clause 11, page 12, line 41, leave out 'his exercise of the control order powers' and insert 'the use of control orders'.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
Simon Hughes
231
Clause 11, page 12, line 44, leave out 'sections 1 to 6' and insert 'this Act'.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
Simon Hughes
232
Clause 11, page 13, line 3, leave out 'those sections' and insert 'this Act'.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
Simon Hughes
233
Clause 11, page 13, leave out lines 12 to 17.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
89
Clause 11, page 13, line 13, leave out 'make, renew, modify and revoke' and insert 'make application to the court for the making, renewing, modification and revoking of'.
Mr Win Griffiths
216
Clause 12, page 13, leave out lines 37 to 46.
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
118
Clause 12, page 14, leave out lines 1 to 7.
Mr Win Griffiths
170
Clause 12, page 14, line 7, at end insert—
| | '"the Intelligence and Security Committee" means the Intelligence and Security Committee established under section 10 of the Intelligence Services Act 1994 (c. 13);'. |
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
Simon Hughes
119
Clause 12, page 14, leave out lines 10 and 11.
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
David Davis
Mr Dominic Grieve
Patrick Mercer
90
Clause 12, page 14, line 37, leave out subsection (3).
Mr Win Griffiths
171
Clause 13, page 15, line 24, at end insert—
'(4A) Section 10 of the Intelligence Services Act 1994 (c. 13) is amended as follows.
(4B) After subsection (1) insert—
"(1A) The Committee shall also perform functions under sections 1 and 2 of the Prevention of Terrorism Act 2005.".'.
NEW CLAUSES
Special court in respect of control orders
Mr Win Griffiths
Richard Burden
NC1
To move the following Clause:—
'(1) There shall be a special court ("the court") to be known as the Court of Terrorism Control.
(2) The Court shall consist of six members who shall be judges of the High Court of England and Wales or of the Court of Session or of the High Court of Northern Ireland and of whom three members shall constitute a quorum for the purpose of hearing an application.
(3) The court shall have power to make its own rules and to determine its own procedure.
(4) The functions of the court shall be to make control orders pursuant to section 1 of this Act.'.
Amendment of Terrorism Act 2000
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
NC2
To move the following Clause:—
'(1) The Terrorism Act 2000 shall be amended as follows.
(2) In section 40(1) add:
"or (c) is involved in terrorism-related activity as defined in section 1 (8) of the Prevention of Terrorism Act 2005.".'.
Power of court to make determination
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
NC3
To move the following Clause:—
'The powers of the court in making the determinations under sections 1 and 2 are confined to—
| (a) | power to grant the application; |
| (b) | power to refuse the application; |
| (c) | power to refuse to make one or more obligations set out in the application.'. |
Duration
Mr Mark Oaten
Mr David Heath
Mr Alistair Carmichael
Simon Hughes
NC4
To move the following Clause:—
'This Act shall cease to have effect at the end of the period of five years beginning with the date on which it is passed.'.
Disapplication of the Human Rights Act 1998
Mr William Cash
Simon Hughes
NC5
To move the following Clause:—
'The provisions of the Human Rights Act 1998 (c. 42) shall not apply to—
| (b) | Part 4 of the Anti-terrorism, Crime and Security Act 2001 (c. 24).'. |
Power to make control orders
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
Simon Hughes
NC6
To move the following Clause:—
'(1) An application for an order under this section may be made by the Secretary of State if he is satisfied that the following conditions are fulfilled with respect to any person, namely:
| (a) | that the person is or has been involved in terrorism-related activity; |
| (b) | that, having regard to all the evidence that would be admissible in criminal proceedings, there is no realistic prospect for conviction of that person for any criminal offence relating to their involvement in such activity; and |
| (c) | that such an order is necessary, for the purposes connected with protecting members of the public from the risk of terrorism, to make an order imposing obligations on the individual. |
(2) The Secretary of State shall not make such an application without consulting the Director of Public Prosecutions.
(3) Such an application shall be made to:
| (a) | the High Court in England and Wales in respect of persons resident in England or Wales, |
| (b) | the Outer House of the Court of Session in respect of persons resident in Scotland; and |
| (c) | the High Court in Northern Ireland in respect of persons resident in Northern Ireland. |
(4) If, on such an application, it is proved that the conditions set out in subsection 1(1) are fulfilled, the court may make an order under this section (a "control order") imposing any of the obligations set out in subsection 1(8).
(5) For the purpose of determining whether the condition mentioned in subsection 1(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.
(6) In determining whether the condition mentioned in subsection (1)(a) is fulfilled, the court must apply the criminal standard of proof.
(7) The obligations that may be imposed on a defendant under this section are limited to the following:
| (a) | a prohibition or restriction on his possession or use of specified articles or substances; |
| (b) | a restriction on his use of specified services or specified facilities, or on his carrying on specified activities; |
| (c) | a restriction on his association or communications with specified persons or with other persons generally; |
| (d) | a prohibition on his being at specified places or within a specified area at specified times or on specified days; and |
| (e) | a requirement on him to report to a specified person at specified times and places. |
(8) The court shall not impose any obligation under subsection (7) unless it is satisfied that the following conditions apply:
| (a) | that the obligation is necessary for the purposes connected with protecting members of the public from the risk of terrorism; |
| (b) | that the same purposes could not be achieved by less restrictive means; and |
| (c) | that the obligation is consistent with the defendant's Convention rights within the meaning of the Human Rights Act 1998 (c. 42). |
(9) The Secretary of State or the defendant may apply to the court which made the control order for it to be varied or discharged by further order.
(10) For the purposes of this Act, involvement in terrorism-related activity is any one or more of the following:
| (a) | the commission, preparation or instigation of acts of terrorism; |
| (b) | conduct which knowingly facilitates the commission, preparation or instigation of such acts, or which is intended to do so; and |
| (c) | conduct which knowingly gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so. |
(11) Evidence established to have been obtained under torture shall not be admitted in any proceedings.'.
Duration and renewal of control orders
David Davis
Mr Dominic Grieve
Patrick Mercer
David Maclean
NC7
To move the following Clause:—
'(1) A control order shall have effect for a period (not exceeding 12 months) specified in the order, or until a further order has been made.
(2) A control order must specify when the period for which it is to have effect will end.
(3) Nothing in this section shall prevent the Secretary of State making an application under section 1(1) [Power to make control orders] for a further order.'.
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