cwh280205.260-266

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the Whole House Proceedings: 28th February 2005
260

Prevention of Terrorism Bill, continued

New Clauses

Special court in respect of control orders

Mr Win Griffiths

Richard Burden

Not called  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

Not called  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

Not called  NC3

To move the following Clause:—

‘The powers of the court in making the determinations under sections 1 and 2 are

confined to—

Committee of the Whole House Proceedings: 28th February 2005
261

Prevention of Terrorism Bill, continued

(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

Not called  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

Not selected  NC5

To move the following Clause:—

‘The provisions of the Human Rights Act 1998 (c. 42) shall not apply to—

(a)
this Act, and

(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

Negatived on division  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;

Committee of the Whole House Proceedings: 28th February 2005
262

Prevention of Terrorism Bill, continued

(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

Committee of the Whole House Proceedings: 28th February 2005
263

Prevention of Terrorism Bill, continued

(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

Not called  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.’.

Appeals against control orders

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Simon Hughes

Not called  NC8

To move the following Clause:—

‘(1)
An appeal shall lie to the Court of Appeal against the making of a control order.

(2)
On an appeal under subsection (1) the Court of Appeal—

(a)
may make such orders as may be necessary to give effect to its

determination of the appeal; and

(b)
may make such incidental or consequential orders as appear to it to be

just.’.

Committee of the Whole House Proceedings: 28th February 2005
264

Prevention of Terrorism Bill, continued

Review of the Act

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Simon Hughes

Not called  NC9

To move the following Clause:—

‘(1)
The Secretary of State must appoint a committee to review this Act.

(2)
A person may be a member of the committee only if he is a member of the Privy

Council.

(3)
The committee shall complete the review and send the report to the Secretary of

State not less than 18 months beginning with the day on which this Act is passed.

(4)
The Secretary of State shall lay a copy of the report before Parliament as soon as

is reasonably practicable.

(5)
The Secretary of State may make payments to persons appointed as members of

the committee.’.

Effect of report

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Simon Hughes

Not called  NC10

To move the following Clause:—

‘(1)
A report under section [Review of the Act] may specify any provision of this Act

as a provision to which this section applies.

(2)
Subject to subsection (3), any provision specified under subsection (1) ceases to

have effect at the end of the period 6 months beginning on the day on which the

report is laid before Parliament under section 12(4).

(3)
Subsection (2) does not apply if before the end of that period a motion has been

made in each House of Parliament considering the report.’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Simon Hughes

Not called  91

Schedule  ,  page  17,  line  11,  leave out sub-paragraph 4(1).

Committee of the Whole House Proceedings: 28th February 2005
265

Prevention of Terrorism Bill, continued

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  206

Schedule  ,  page  17,  line  11,  leave out paragraph 4.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  208

Schedule  ,  page  17,  line  19,  leave out sub-sub-paragraph (a).

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  211

Schedule  ,  page  17,  line  24,  leave out sub-sub-paragraphs (b) to (d).

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  207

Schedule  ,  page  17,  line  27,  leave out sub-sub-paragraph (c).

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Lynne Jones

John Austin

Simon Hughes

Not called  92

Schedule  ,  page  17,  line  32,  at end insert—

‘(e)
make provision for supplying to a relevant party to control order

proceedings or his legal representative (if he has one) a summary

of the nature of the allegations against him and (where the court

so orders) of the evidence upon which such allegations are

based.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  209

Schedule  ,  page  17,  leave out lines 34 to 41 and insert—

‘(aa)
that all the reasons of the Secretary of State for decisions to

which the proceedings relate and the evidence he adduces to

support the decisions are given to or served on the relevant party

at the same time or before they are given to the court; and’.

Committee of the Whole House Proceedings: 28th February 2005
266

Prevention of Terrorism Bill, continued

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  212

Schedule  ,  page  17,  line  38,  at end insert—

‘(aa)
that the relevant party and his legal representatives are given

notice of all control order proceedings and relevant appeal

proceedings and are able to attend for the duration of those

proceedings, make representations, question witnesses and call

evidence.’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Lynne Jones

John Austin

Simon Hughes

Not called  93

Schedule  ,  page  17,  line  42,  leave out sub-paragraph 3(c) and insert—

‘(c)
that the Secretary of State is required for the purpose of control

order proceedings or relevant appeal proceedings to disclose to

the relevant court and, subject to the court’s discretion, to a

relevant party any material which may harm his case or assist the

relevant party.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Not called  213

Schedule  ,  page  17,  line  42,  leave out from ‘is’ to end of line 45 and insert ‘required

for the purposes of any control order proceedings or relevant appeal proceedings to

disclose all relevant material to the relevant court and the relevant party.’.

Mr Mark Oaten

Mr David Heath

Mr Alistair Carmichael

Simon Hughes

Not called  94

Schedule  ,  page  18,  line  25,  leave out paragraph 5.

David Davis

Mr Dominic Grieve

Patrick Mercer

David Maclean

Simon Hughes

Not called  210

Schedule  ,  page  17,  line  46,  leave out sub-paragraph (4).