cwh280205.225-231

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

225

House of Commons

Monday 28th February 2005

Committee of the Whole House

Proceedings

Prevention of Terrorism Bill

Sir Patrick Cormack

Not selected  177

Clause  1,  page  1,  line  3,  after ‘may’, insert ‘having consulted with, and obtained

the consent of, the Intelligence and Security Committee of the House of Commons.’.

Mr Win Griffiths

Mrs Jackie Lawrence

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Richard Burden

Simon Hughes

Negatived on division  4

Clause  1,  page  1,  line  3,  leave out ‘make’ and insert ‘apply to the court for’.

Mr Clive Betts

Not called  162

Clause  1,  page  1,  line  5,  leave out paragraph (a) and insert—

‘(a)
is satisfied, on the balance of probabilities, that that person is an

individual who is or has been involved in terrorism-related activity.’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Lynne Jones

John Austin

Simon Hughes

Not called  55

Clause  1,  page  1,  line  5,  leave out ‘suspecting’ and insert ‘believing’.

Mr Win Griffiths

Not called  166

Clause  1,  page  1,  line  6,  leave out ‘and’.

Committee of the Whole House Proceedings: 28th February 2005
226

Prevention of Terrorism Bill, continued

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Not called  56

Clause  1,  page  1,  line  7,  leave out ‘purposes connected with’ and insert ‘the

purpose of’.

Mr Win Griffiths

Not called  167

Clause  1,  page  1,  line  9,  at end insert ‘and

(c)
obtain the agreement of the Intelligence and Security Committee (“the

Committee”).

(1A)
For the purposes of subsection (1)(c)—

(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, and

(ii)
a statement of the reasons for his decision, and

(b)
the Committee must decide, within 5 days of receiving that evidence and

that statement, whether or not to agree to the application.’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Simon Hughes

Not called  57

Clause  1,  page  1,  line  9,  at end insert—

‘(c)
has been advised by the Director of Public Prosecutions that there is no

reasonable prospect of a successful prosecution.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  180

Clause  1,  page  1,  line  9,  at end insert—

‘(1A)
An application for a control order may be made with or without notice to the

individual against whom it is proposed to be made.

(1B)
On hearing an application for a control order, the court may—

(a)
grant the control order, with or without modifications;

(b)
dismiss the application; or

(c)
adjourn the application to a further hearing on notice to the individual

concerned.

(1C)
A control order shall provide a period for further review by the court unless the

court is satisfied that the individual against whom it is made has had a full

opportunity to contest the making of the order.’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Simon Hughes

Not selected  58

Clause  1,  page  1,  line  10,  leave out ‘any’ and insert ‘an’.

Committee of the Whole House Proceedings: 28th February 2005
227

Prevention of Terrorism Bill, continued

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  120

Clause  1,  page  1,  line  10,  after ‘obligation’, insert ‘in subsection (3) below’.

Mr Win Griffiths

Mrs Jackie Lawrence

Richard Burden

Mr Clive Betts

Lynne Jones

Mr Simon Thomas

Not called  5

Clause  1,  page  1,  line  11,  after ‘the’, insert ‘court on the application of the’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

David Davis

Mr Dominic Grieve

Patrick Mercer

Simon Hughes

Not called  59

Clause  1,  page  1,  line  11,  leave out ‘Secretary of State’ and insert ‘court’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Simon Hughes

Not called  60

Clause  1,  page  1,  line  13,  leave out from first ‘activity’ to end of line 14.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

David Davis

Mr Dominic Grieve

Patrick Mercer

Simon Hughes

Not called  61

Clause  1,  page  1,  line  16,  leave out ‘include, in particular’ and insert ‘are’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  122

Clause  1,  page  2,  line  7,  leave out paragraphs (f) and (g).

Committee of the Whole House Proceedings: 28th February 2005
228

Prevention of Terrorism Bill, continued

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  144

Clause  1,  page  2,  line  15,  leave out ‘specified person’ and insert ‘police constable’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  145

Clause  1,  page  2,  line  19,  leave out ‘specified person’ and insert ‘police constable’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  146

Clause  1,  page  2,  line  21,  leave out ‘specified persons’ and insert ‘police

constables’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  147

Clause  1,  page  2,  line  23,  leave out ‘specified persons’ and insert ‘police

constables’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  148

Clause  1,  page  2,  line  27,  leave out ‘specified persons’ and insert ‘police

constables’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  128

Clause  1,  page  2,  line  35,  leave out paragraph (n).

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  149

Clause  1,  page  2,  line  36,  leave out ‘specified person’ and insert ‘police constable’.

Committee of the Whole House Proceedings: 28th February 2005
229

Prevention of Terrorism Bill, continued

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  150

Clause  1,  page  2,  line  38,  leave out ‘specified person’ and insert ‘police constable’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  123

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not prevent or restrict the controlled person from meeting

with or contacting by telephone his spouse or partner, parents (including step-

parents), grandparents, siblings (including half or step siblings), children

(including step-children) or grandchildren.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  124

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not prevent or restrict the controlled person from meeting

with or contacting by telephone his legal representatives in connection with the

control order or any other matter.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  125

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not prevent or restrict the controlled person from voting in

person in any election.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  126

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not prevent or restrict the controlled person from standing as

a candidate in any election, including attending his election count.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  127

Clause  1,  page  2,  line  39,  at end insert—

Committee of the Whole House Proceedings: 28th February 2005
230

Prevention of Terrorism Bill, continued

‘(3A)
A control order may not prevent or restrict the controlled person from displaying

a poster in support of or opposition to any candidate or political party at an

election.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  129

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
Where a controlled person is required to meet with or report to a specified person

he shall be entitled to have his legal representative present.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  130

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not require a person to provide information or to answer

questions.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  131

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not require the controlled person to leave the United

Kingdom.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  132

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not require the controlled person to talk to any specified

person or any other person who is not a British citizen or is in the employment of

or under contract to any foreign government.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  133

Clause  1,  page  2,  line  39,  at end insert—

‘(3A)
A control order may not require the controlled person to submit to torture or to

inhuman or degrading treatment.’.

Committee of the Whole House Proceedings: 28th February 2005
231

Prevention of Terrorism Bill, continued

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  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

Not called  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

Not called  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

Not called  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

Not called  63

Clause  1,  page  2,  line  43,  leave out ‘place or’.

Mr David Winnick

Mr Richard Burden

Not called  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