Proceedings on Lords Amendments
Wednesday 9th March 2005
PROCEEDINGS ON LORDS AMENDMENTS
PREVENTION OF TERRORISM BILL
On Consideration of Lords Amendments to the Prevention of Terrorism Bill
1As Amendments to the Lords Amendment:—Mr Secretary Clarke
Agreed to on division (a)
| | Line 6, after 'exercisable' insert— |
| (a) | except in the case of an order imposing obligations that are incompatible with the individual's right to liberty under Article 5 of the Human Rights Convention, by the Secretary of State; and |
| (b) | in the case of an order imposing obligations that are or include derogating obligations,'. |
Agreed to (b)
| | Line 8, after 'that' insert 'the Secretary of State or (as the case may be)'. |
Agreed to (c)
| | Line 11, leave out 'are' and insert 'may include, in particular'. |
| | Lords Amendment, as amended, agreed to. |
| | Lords Amendments 2 to 5 agreed to. |
6
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment according disagreed to. |
| | Lords Amendment 7 agreed to. |
8
Mr Secretary Clarke
Agreed to on division
| | To move, That this House disagrees with the Lords in their Amendment. |
Mr Douglas Hogg
| | As an Amendment to the Lords Amendment:— |
Not called (a)
| '(1A) | A court shall not make or renew any control order under this Act other than at a preliminary hearing as provided for in subsection (2)(a) unless it is satisfied that all of the following conditions are satisfied— |
| (a) | that within a reasonable period before the hearing of any of the proceedings provided for under this Act, the person who is or who is proposed to be the subject of a control order ("the relevant party") and such legal representatives as he may have appointed shall have been provided with— |
| (i) | reasonable notice of the proceedings; |
| (ii) | a reasonable summary of the allegations that are made against him; and |
| (iii) | except as the court on an ex parte application made by or on behalf of the Secretary of State for public interest immunity shall have ordered otherwise, all the evidence upon which the Secretary of State proposes to rely together with such other material which may harm or assist the relevant party's case. |
| (b) | that at the hearing of the proceedings the relevant party and, as appropriate, his legal representatives, shall have had a reasonable opportunity to— |
| (i) | be present throughout the proceedings; and |
| (ii) | give and submit evidence; and |
| (iii) | call witnesses; and |
| (iv) | ask questions of all such witnesses who are called to give evidence against the relevant party or otherwise in support of the Secretary of State subject only to such safeguards as the court on the application of the Secretary of State may order so as to protect the identity of any witness or which might otherwise be required to protect the national interest; and |
| (v) | make representations and submissions both as to law and to fact. |
| (1AA) | If the court is not satisfied that all the conditions in subsection (1A) have been met, unless it determines that the interests of national security require otherwise it shall direct that any control order then in operation shall cease to have effect. |
| (1AB) | But where the court determines that the interests of national security require the control order to remain in effect, it shall direct that the control order shall cease to have effect 28 days from that determination unless a court, after a hearing that satisfies all the conditions in subsection (1A), directs otherwise.'. |
| | Lords Amendment accordingly disagreed to. |
9
Mr Secretary Clarke
Agreed to on division
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
| | Lords Amendments 10 and 11 agreed to. |
12
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
13
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
| | Lords Amendment 14 agreed to. |
15
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
16As Amendments to the Lords Amendment:—Mr Secretary Clarke
Agreed to (a)
| | Line 3, leave out from 'where' to 'it' in line 4. |
Agreed to (b)
| | Line 5, leave out second 'that' and insert 'an'. |
Agreed to (c)
| | Line 8, after 'offence' insert 'is being or'. |
Agreed to (d)
| '( ) | Before making, or applying for the making of, a control order against the individual, the Secretary of State must consult the chief officer of the police force about whether there is evidence available that could realistically be used for the purposes of a prosecution of the individual for an offence relating to terrorism.'. |
Agreed to (e)
| | Line 10, at beginning insert 'If a control order is made against the individual'. |
Agreed to (f)
| | Line 11, leave out 'this section' and insert 'subsection (3)'. |
Agreed to (g)
| | Line 16, leave out subsection (4) and insert— |
| '(4A) | In carrying out his functions by virtue of this section the chief officer must consult the relevant prosecuting authority, but only, in the case of the performance of his duty under subsection (3), to the extent that he considers it appropriate to do so. |
| (4B) | The requirements of subsection (4A) may be satisfied by consultation that took place wholly or partly before the passing of this Act.'. |
| | Lords Amendment, as amended, agreed to. |
17
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
Mr Secretary Clarke
| | To move the following Amendments to the words so restored to the Bill:— |
Agreed to (a)
| | Page 8, line 33, leave out 'made or'. |
Agreed to (b)
| | Page 8, line 36, leave out 'making'. |
Agreed to (c)
| | Page 9, line 3, leave out subsection (4). |
Agreed to (d)
| | Page 9, line 15, leave out second 'the' and insert 'a'. |
Agreed to (e)
| | Page 9, line 34, leave out '(4) to' and insert '(5) and'. |
Agreed to (f)
| | Page 9, line 38, leave out 'the order or its renewal' and insert 'the renewal of the order'. |
| | Lords Amendments 18 to 21 agreed to. |
22
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
23As an Amendment to the Lords Amendment:—Mr Secretary Clarke
Agreed to (a)
| | Line 2, after 'duty' insert 'of his'. |
| | Lords Amendment, as amended, agreed to. |
| | Lords Amendments 24 to 26 agreed to. |
27
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
28
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
| | Lords Amendments 29 and 30 agreed to. |
31
Mr Secretary Clarke
Agreed to on division
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
32
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
33
Mr Secretary Clarke
Agreed to on division
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
Mr Secretary Clarke
| | To move the following Amendments to the Bill in lieu of the Lords Amendment— |
Agreed to (a)
| | Page 12, line 37, at end insert the following new Clause— |
'Duration of ss. 1 to 6
| (1) | Except so far as otherwise provided under this section, sections 1 to 6 expire at the end of the period of 12 months beginning with the day on which this Act is passed. |
| (2) | The Secretary of State may, by order made by statutory instrument— |
| (a) | repeal sections 1 to 6; |
| (b) | at any time revive those sections for a period not exceeding one year; or |
| (c) | provide that those sections— |
| (i) | are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection; but |
| (ii) | are to continue in force after that time for a period not exceeding one year. |
| (3) | No order may be made by the Secretary of State under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House. |
| (4) | Subsection (3) does not apply to an order that contains a declaration by the Secretary of State that the order needs, by reason of urgency, to be made without the approval required by that subsection. |
| (5) | An order under this section that contains such a declaration— |
| (a) | must be laid before Parliament after being made; and |
| (b) | if not approved by a resolution of each House before the end of 40 days beginning with the day on which the order was made, ceases to have effect at the end of that period. |
| (6) | Where an order ceases to have effect in accordance with subsection (5), that does not— |
| (a) | affect anything previously done in reliance on the order; or |
| (b) | prevent the making of a new order to the same or similar effect. |
| (7) | Where sections 1 to 6 expire or are repealed at any time by virtue of this section, that does not prevent or otherwise affect— |
| (a) | the court's consideration of a reference made before that time under subsection (3)(a) of section (Supervision by court of making of non-derogating control orders); |
| (b) | the holding or continuation after that time of any hearing in pursuance of directions under subsection (2)(c) or (6)(b) or (c) of that section; |
| (c) | the holding or continuation after that time of a hearing to determine whether to confirm a derogating control order (with or without modifications); or |
| (d) | the bringing or continuation after that time of any appeal, or further appeal, relating to a decision in any proceedings mentioned in paragraphs (a) to (c) of this subsection; |
but proceedings may be begun or continued by virtue of this subsection so far only as they are for the purpose of determining whether a certificate of the Secretary of State a control order or an obligation imposed by such an order should be quashed or treated as quashed.
| (8) | Nothing in this Act about the period for which a control order is to have effect or is renewed enables such an order to continue in force after the provision under which it was made or last renewed has expired or been repealed by virtue of this section. |
| (9) | In subsection (5) "40 days" means 40 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946 (c.36).'. |
Agreed to (b)
| | Page 13, line 1, leave out 'every relevant 12 month period' and insert— |
| '( ) | the period of 12 months beginning with the day on which this Act is passed, or |
| ( ) | every period specified in an order under section (Duration of ss. 1 to 6) as a period for which those sections are revived or continued in force,'. |
Agreed to (c)
| | Page 13, leave out lines 16 to 18 and insert— |
| '( ) | the period of 3 months beginning with the passing of this Act; |
| ( ) | a period of 3 months beginning with a time which— |
| (i) | is the beginning of a period for which sections 1 to 6 are revived by an order under section (Duration of ss. 1 to 6); and |
| (ii) | falls more than 3 months after the time when those sections were last in force before being revived; |
| ( ) | a 3 month period which begins with the end of a previous relevant 3 month period and is a period during the whole or a part of which those sections are in force.'. |
| | Lords Amendments 34 to 36 agreed to. |
37
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
Mr Secretary Clarke
| | To move the following Amendments to the Bill in lieu of the Lords Amendments 8, 9, 12, 13, 15, 17, 22, 28 and 37:— |
Agreed to (a)
| | Page 4, line 36, at beginning insert— |
| '(A1) | The Secretary of State may make a control order against an individual if he— |
| (a) | has reasonable grounds for suspecting that the individual is or has been involved in terrorism-related activity; and |
| (b) | considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to make a control order imposing obligations on that individual. |
| (A2) | The Secretary of State may make a control order against an individual who is for the time being bound by a control order made by the court only if he does so— |
| (a) | after the court has determined that its order should be revoked; but |
| (b) | while the effect of the revocation has been postponed for the purpose of giving the Secretary of State an opportunity to decide whether to exercise his own powers to make a control order against the individual. |
| (A3) | A control order made by the Secretary of State is called a non-derogating control order.'. |
Agreed to (b)
| | Page 5, line 12, at end insert— |
| '( ) | It shall be immaterial, for the purposes of determining what obligations may be imposed by a control order made by the Secretary of State, whether the involvement in terrorism-related activity to be prevented or restricted by the obligations is connected with matters to which the Secretary of State's grounds for suspicion relate.'. |
Agreed to (c)
| | Page 5, line 2, leave out second 'the' and insert 'a'. |
Agreed to (d)
| | Page 5, line 12, at end insert the following new Clause:— |
'Supervision by court of making of non-derogating control orders
| (1) | The Secretary of State must not make a non-derogating control order against an individual except where— |
| (a) | having decided that there are grounds to make such an order against that individual, he has applied to the court for permission to make the order and has been granted that permission; |
| (b) | the order contains a statement by the Secretary of State that, in his opinion, the urgency of the case requires the order to be made without such permission; or |
| (c) | the order is made before 14th March 2005 against an individual who, at the time it is made, is an individual in respect of whom a certificate under section 21(1) of the Anti-terrorism, Crime and Security Act 2001 (c.24) is in force. |
| (2) | On an application for permission to make a non-derogating control order against an individual— |
| (a) | the function of the court is to consider whether the Secretary of State's decision that there are grounds to make the order in question against that individual is obviously flawed; |
| (b) | the court may give that permission unless it determines that that decision is obviously flawed; and |
| (c) | if it gives permission, the court must give directions for a hearing in relation to the order as soon as reasonably practicable after it is made. |
| (3) | Where the Secretary of State makes a non-derogating control order against an individual without the permission of the court— |
| (a) | he must immediately refer the order to the court; and |
| (b) | the function of the court on the reference is to consider whether the decision of the Secretary of State to make the order he did was obviously flawed. |
| (4) | The court's consideration on a reference under subsection (3)(a) must begin no more than 7 days after the day on which the control order in question was made. |
| (5) | The court may consider an application for permission under subsection (1)(a) or a reference under subsection (3)(a)— |
| (a) | in the absence of the individual in question; |
| (b) | without his having been notified of the application or reference; and |
| (c) | without his having been given an opportunity (if he was aware of the application or reference) of making any representations to the court; |
but this subsection is not to be construed as limiting the matters about which rules of court may be made in relation to the consideration of such an application or reference.
| (6) | On a reference under subsection (3)(a), the court— |
| (a) | if it determines that the decision of the Secretary of State to make a non-derogating control order against the controlled person was obviously flawed, must quash the order; |
| (b) | if it determines that that decision was not obviously flawed but that a decision of the Secretary of State to impose a particular obligation by that order was obviously flawed, must quash that obligation and (subject to that) confirm the order and give directions for a hearing in relation to the confirmed order; and |
| (c) | in any other case, must confirm the order and give directions for a hearing in relation to the confirmed order. |
| (7) | On a reference under subsection (3)(a), the court may quash a certificate contained in the order for the purposes of subsection (1)(b) if it determines that the Secretary of State's decision that the certificate should be contained in the order was flawed. |
| (8) | The court must ensure that the controlled person is notified of its decision on a reference under subsection (3)(a). |
| (9) | On a hearing in pursuance of directions under subsection (2)(c) or (6)(b) or (c), the function of the court is to determine whether any of the following decisions of the Secretary of State was flawed— |
| (a) | his decision that the requirements of section 3(A1)(a) and (b) were satisfied for the making of the order; and |
| (b) | his decisions on the imposition of each of the obligations imposed by the order. |
| (a) | what constitutes a flawed decision for the purposes of subsection (2), (6) or (7), or |
| (b) | the matters mentioned in subsection (9), |
the court must apply the principles applicable on an application for judicial review.
| (11) | If the court determines, on a hearing in pursuance of directions under subsection (2)(c) or (6)(b) or (c), that a decision of the Secretary of State was flawed, its only powers are— |
| (a) | power to quash the order; |
| (b) | power to quash one or more obligations imposed by the order; and |
| (c) | power to give directions to the Secretary of State for the revocation of the order or for the modification of the obligations it imposes. |
| (12) | In every other case the court must decide that the control order is to continue in force. |
| (13) | If requested to do so by the controlled person, the court must discontinue any hearing in pursuance of directions under subsection (2)(c) or (6)(b) or (c).'. |
Agreed to (e)
| | Page 5, line 12, at end insert the following new Clause—. |
'Power of court to make derogating control orders
| (1) | On an application to the court by the Secretary of State for the making of a control order against an individual, it shall be the duty of the court— |
| (a) | to hold an immediate preliminary hearing to determine whether to make a control order imposing obligations that are or include derogating obligations (called a "derogating control order") against that individual; and |
| (b) | if it does make such an order against that individual, to give directions for the holding of a full hearing to determine whether to confirm the order (with or without modifications). |
| (2) | The preliminary hearing under subsection (1)(a) may be held— |
| (a) | in the absence of the individual in question; |
| (b) | without his having had notice of the application for the order; and |
| (c) | without his having been given an opportunity (if he was aware of the application) of making any representations to the court; |
but this subsection is not to be construed as limiting the matters about which rules of court may be made in relation to that hearing.
| (3) | At the preliminary hearing, the court may make a control order against the individual in question if it appears to the court— |
| (a) | that there is material which (if not disproved) is capable of being relied on by the court as establishing that the individual is or has been involved in terrorism-related activity; |
| (b) | that there are reasonable grounds for believing that the imposition of obligations on that individual is necessary for purposes connected with protecting members of the public from a risk of terrorism; |
| (c) | that the risk arises out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; and |
| (d) | that the obligations that there are reasonable grounds for believing should be imposed on the individual are or include derogating obligations of a description set out for the purposes of the designated derogation in the designation order. |
| (4) | The obligations that may be imposed by a derogating control order in the period between— |
| (a) | the time when the order is made, and |
| (b) | the time when a final determination is made by the court whether to confirm it, |
include any obligations which the court has reasonable grounds for considering are necessary as mentioned in section 1(1C).
| (5) | At the full hearing under subsection (1)(b), the court may— |
| (a) | confirm the control order made by the court; or |
and where the court revokes the order, it may (if it thinks fit) direct that this Act is to have effect as if the order had been quashed.
| (6) | In confirming a control order, the court— |
| (a) | may modify the obligations imposed by the order; and |
| (b) | where a modification made by the court removes an obligation, may (if it thinks fit) direct that this Act is to have effect as if the removed obligation had been quashed. |
| (7) | At the full hearing, the court may confirm the control order (with or without modifications) only if— |
| (a) | it is satisfied, on the balance of probabilities, that the controlled person is an individual who is or has been involved in terrorism-related activity; |
| (b) | it considers that the imposition of obligations on the controlled person is necessary for purposes connected with protecting members of the public from a risk of terrorism; |
| (c) | it appears to the court that the risk is one arising out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; and |
| (d) | the obligations to be imposed by the order or (as the case may be) by the order as modified are or include derogating obligations of a description set out for the purposes of the designated derogation in the designation order. |
| (8) | A derogating control order ceases to have effect at the end of the period of 6 months beginning with the day on which it is made unless— |
| (a) | it is previously revoked (whether at the hearing under subsection (1)(b) or otherwise under this Act); |
| (b) | it ceases to have effect under clause 4; or |
| (9) | The court, on an application by the Secretary of State, may renew a derogating control order (with or without modifications) for a period of 6 months from whichever is the earlier of— |
| (a) | the time when the order would otherwise have ceased to have effect; and |
| (b) | the beginning of the seventh day after the date of renewal. |
| (10) | The power of the court to renew a derogating control order is exercisable on as many occasions as the court thinks fit; but, on each occasion, it is exercisable only if— |
| (a) | the court considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a derogating control order to continue in force against the controlled person; |
| (b) | it appears to the court that the risk is one arising out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; |
| (c) | the derogating obligations that the court considers should continue in force are of a description that continues to be set out for the purposes of the designated derogation in the designation order; and |
| (d) | the court considers that the obligations to be imposed by the renewed order are necessary for purposes connected with preventing or restricting involvement by that person in terrorism-related activity. |
| (11) | Where, on an application for the renewal of a derogating control order, it appears to the court— |
| (a) | that the proceedings on the application are unlikely to be completed before the time when the order is due to cease to have effect if not renewed, and |
| (b) | that that is not attributable to an unreasonable delay on the part of the Secretary of State in the making or conduct of the application, |
the court may (on one or more occasions) extend the period for which the order is to remain in force for the purpose of keeping it in force until the conclusion of the proceedings.
| (12) | Where the court exercises its power under subsection (11) and subsequently renews the control order in question, the period of any renewal still runs from the time when the order would have ceased to have effect apart from that subsection. |
| (13) | It shall be immaterial, for the purposes of determining what obligations may be imposed by a control order made by the court, whether the involvement in terrorism-related activity to be prevented or restricted by the obligations is connected with matters in relation to which the requirements of subsection (3)(a) or (7)(a) were satisfied.'. |
Agreed to (f)
| | Page 6, line 14, after 'a' insert 'non-derogating'. |
Agreed to (g)
| | Page 6, line 22, after 'a' insert 'non-derogating'. |
Agreed to (h)
| | Page 6, line 30, leave out 'by virtue of subsection (2)(d), make' and insert 'make to the obligations imposed by a control order'. |
Agreed to (i)
| | Page 6, line 32, leave out from 'obligation' to end of line 40 and insert— |
| '(3A) | An application may be made at any time to the court— |
| (a) | by the Secretary of State, or |
| (b) | by the controlled person, |
for the revocation of a derogating control order or for the modification of obligations imposed by such an order.
| (3B) | On such an application, the court may modify the obligations imposed by the derogating control order only where— |
| (a) | the modification consists in the removal or relaxation of an obligation imposed by the order; |
| (b) | the modification has been agreed to by both the controlled person and the Secretary of State; or |
| (c) | the modification is one which the court considers necessary for purposes connected with preventing or restricting involvement by the controlled person in terrorism-related activity. |
| (3C) | The court may not, by any modification of the obligations imposed by a derogating control order, impose any derogating obligation unless— |
| (a) | it considers that the modification is necessary for purposes connected with protecting members of the public from a risk of terrorism; and |
| (b) | it appears to the court that the risk is one arising out of, or is associated with, the public emergency in respect of which the designated derogation in question has effect. |
| (3D) | If the court at any time determines that a derogating control order needs to be modified so that it no longer imposes derogating obligations, it must revoke the order.'. |
Agreed to (j)
| | Page 6, line 44, after '(2)(d)' insert 'or (3B)(c)'. |
Agreed to (k)
| | Page 7, line 12, after 'State' insert 'or the court'. |
Agreed to (l)
| | Page 10, line 27, at end insert— |
| '( ) | No appeal by any person other than the Secretary of State shall lie from any determination— |
| (a) | on an application for permission under (Supervision by court of making of non-derogating control orders)(1)(a); or |
| (b) | on a reference under section (Supervision by court of making of non-derogating control orders)(3)(a).'. |
Agreed to (m)
| | Page 10, line 33, at end insert— |
| '( ) | proceedings on an application for permission under (Supervision by court of making of non-derogating control orders)(1)(a); |
| ( ) | proceedings on a reference under section (Supervision by court of making of non-derogating control orders)(3)(a); |
| ( ) | proceedings on a hearing in pursuance of directions under section (Supervision by court of making of non-derogating control orders)(2)(c) or (6)(b) or (c);'. |
Agreed to (n)
| | Page 14, line 10, leave out from second 'order' to end of line 11 and insert 'made by the Secretary of State'. |
Agreed to (o)
| | Page 14, line 36, at end insert— |
| '( ) | Every power of the Secretary of State or of the court to revoke a control order or to modify the obligations imposed by such an order— |
| (a) | includes power to provide for the revocation or modification to take effect from such time as the Secretary of State or (as the case may be) the court may determine; and |
| (b) | in the case of a revocation by the court (including a revocation in pursuance of section 5(3D)) includes power to postpone the effect of the revocation either pending an appeal or for the purpose of giving the Secretary of State an opportunity to decide whether to exercise his own powers to make a control order against the individual in question.'. |
38
Mr Secretary Clarke
Agreed to on division
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
39
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
40
Mr Secretary Clarke
Agreed to on division
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
| | Lords Amendment 41 agreed to. |
42
Mr Secretary Clarke
Agreed to
| | To move, That this House disagrees with the Lords in their Amendment. |
| | Lords Amendment accordingly disagreed to. |
Mr Secretary Clarke
| | To move the following Amendments to the Bill in lieu of Lords Amendments 38, 39, 40 and 42— |
Agreed to (a)
| | Page 17, line 5, leave out sub-paragraph (5) and insert— |
| '(5A) | Rules of court made by the Lord Chancellor by virtue of this paragraph— |
| (a) | must be laid before Parliament; and |
| (b) | if not approved by a resolution of each House before the end of 40 days beginning with the day on which they were made, cease to have effect at the end of that period. |
| (6) | Where rules cease to have effect in accordance with sub-paragraph (5A)— |
| (a) | that does not affect anything previously done in reliance on the rules; |
| (b) | the Lord Chancellor is to have power again to exercise the relevant powers, in relation to the proceedings in question, instead of the person by whom they are otherwise exercisable; |
| (c) | he may exercise them on that occasion without undertaking any consultation that would be required in the case of rules made by that person; and |
| (d) | the rules made by the Lord Chancellor on that occasion may include rules to the same or similar effect. |
| (7) | The following provisions do not apply to rules made by the Lord Chancellor by virtue of this paragraph— |
| (a) | section 3(2) of the Civil Procedure Act 1997 (c.12) (negative resolution procedure); |
| (b) | section 56 of the Judicature (Northern Ireland) Act 1978 (c.23) (statutory rules procedure). |
| (8) | In sub-paragraph (5A) "40 days" means 40 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946 (c.36).'. |
Agreed to (b)
| | Page 17, line 12, leave out 'and burden'. |
Agreed to (c)
| | Page 17, line 42, leave out from 'required' to 'in' in line 45 and insert 'to comply with any provision of rules of court, or order of the relevant court, for the disclosure to a person other than the court or a person appointed under paragraph 7 of any matter in respect of which the Secretary of State has made such an application but on which he does not then rely'. |
| | Lords Amendment 43 agreed to. |
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