cwh280205.232-238

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the Whole House Proceedings: 28th February 2005
232

Prevention of Terrorism Bill, continued

(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

Not called  152

Clause  1,  page  3,  line  7,  leave out ‘specified person’ and insert ‘police constable’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  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

Not called  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’.

Committee of the Whole House Proceedings: 28th February 2005
233

Prevention of Terrorism Bill, continued

Lynne Jones

John Austin

Not called  178

Clause  1,  page  3,  line  15,  leave out ‘gives’ and insert ‘is intended to give’.

Lynne Jones

John Austin

Not called  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

Not called  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

Not selected  217

Page  1,  line  2,  leave out Clause 1.

Clause Agreed to on division.

Mr Win Griffiths

Mrs Jackie Lawrence

Richard Burden

Mr Clive Betts

Mr Simon Thomas

Mr Alex Salmond

Not called  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

Clare Short

Not called  1

Clause  2,  page  3,  line  23,  leave out ‘make’ and insert ‘apply for’.

Committee of the Whole House Proceedings: 28th February 2005
234

Prevention of Terrorism Bill, continued

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Lynne Jones

John Austin

David Davis

Simon Hughes

Not called  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

Not selected  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

Not called  7

Clause  2,  page  3,  line  26,  leave out ‘he’ and insert ‘it’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Simon Hughes

Not called  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

Not called  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

Not called  67

Clause  2,  page  3,  line  29,  leave out ‘purposes connected with’ and insert ‘the

purpose of’.

Committee of the Whole House Proceedings: 28th February 2005
235

Prevention of Terrorism Bill, continued

Mr Win Griffiths

Not called  168

Clause  2,  page  3,  line  32,  leave out ‘and’.

Mr Win Griffiths

Not called  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

Not called  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

Not called  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

Not called  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

Clare Short

Not called  2

Clause  2,  page  3,  line  35,  leave out ‘makes’ and insert ‘applies for’.

Committee of the Whole House Proceedings: 28th February 2005
236

Prevention of Terrorism Bill, continued

Mr Robin Cook

Mr Chris Smith

Vera Baird

Helen Jackson

Mr Jim Cousins

Rob Marris

Clare Short

Not called  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.’.

Mr Win Griffiths

Mrs Jackie Lawrence

Richard Burden

Mr Clive Betts

Vera Baird

Mr Simon Thomas

Not called  10

Clause  2,  page  3,  line  37,  leave out subparagraph (a) and insert—

‘(a)
the controlled person may appeal within 14 days—

(i)
in England and Wales or in Northern Ireland to the Court of

Appeal, or

(ii)
in Scotland to the Inner House of the Court of Session;

(aa)
the appeal must be considered within 7 days of the application; and’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  134

Clause  2,  page  3,  line  39,  leave out from ‘whether’ to end of line 42 and insert—

‘the Secretary of State has shown on the balance of probabilities—

(i)
that the person is an individual who is or has been involved in

terrorism-related activity, there is a designated derogation within

subsection (1) (c) and the obligation is within subsection (1)(d);

and

(ii)
that the imposition of the obligation is necessary for purposes

connected with protecting members of the public from risks

Committee of the Whole House Proceedings: 28th February 2005
237

Prevention of Terrorism Bill, continued

arising out of, or associated with, a particular public

emergency.’.

Mr David Winnick

Not called  164

Clause  2,  page  3,  line  44,  leave out ‘7’ and insert ‘3’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  136

Clause  2,  page  3,  line  45,  at end insert—

‘(3A)
The controlled person has a right to be heard on a reference under subsection

(2)(a).’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  135

Clause  2,  page  4,  leave out lines 1 to 7 and insert—

‘(a)
if not satisfied that the Secretary of State has proved the matters in

subsection (2)(b)(i), must quash the order;

(b)
if satisfied that the matters in subsection (2)(b)(i) have been proved but

not satisfied that the matters in subsection (2)(b)(ii) have been proved,

must quash the derogating obligation imposed by the order.’.

Mr Win Griffiths

Mrs Jackie Lawrence

Richard Burden

Mr Clive Betts

Vera Baird

Mr Simon Thomas

Not called  11

Clause  2,  page  4,  line  10,  leave out ‘by the court’ and insert ‘of the appeal’.

Mr Win Griffiths

Mrs Jackie Lawrence

Richard Burden

Mr Clive Betts

Vera Baird

Mr Simon Thomas

Not called  12

Clause  2,  page  4,  line  11,  after second ‘the’, insert ‘court on the application of the’.

Mr Win Griffiths

Mrs Jackie Lawrence

Richard Burden

Mr Clive Betts

Vera Baird

Mr Simon Thomas

Not called  13

Clause  2,  page  4,  line  21,  leave out ‘Secretary of State’ and insert ‘court of first

Committee of the Whole House Proceedings: 28th February 2005
238

Prevention of Terrorism Bill, continued

instance’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  137

Clause  2,  page  4,  line  22,  at end insert—

‘(e)
power to award damages to the controlled person.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  139

Clause  2,  page  4,  line  22,  at end insert—

‘(e)
power to award to the controlled person their costs of the proceedings.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Simon Hughes

Not selected  100

Page  3,  line  22,  leave out Clause 2.

Clause Agreed to on division.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

David Davis

Mr Dominic Grieve

Patrick Mercer

Simon Hughes

Not called  68

Clause  3,  page  4,  line  36,  leave out ‘non-derogating’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  199

Clause  3,  page  4,  line  37,  leave out ‘of’ and insert ‘specified in the order and not

exceeding’.