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| Prevention of Terrorism Bill
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| On Consideration of Lords Reasons for insisting on Amendments
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| To move, That this House insists on its Amendments 1A and 1B to Lords Amendment 1, insists |
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| on its disagreement to Lords Amendments 12, 13, 15, 17, 22, 28 and 37 and insists on its |
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| Amendments 37A to 37C and 37E to 37O, does not insist on its Amendment 37D, insists on its |
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| disagreement to Lords Amendments 37Q to 37T proposed in lieu of Lords Amendment 8 and insists |
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| on its Amendments 17H to 17M to the words restored to the Bill by its insistence on its |
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| disagreement to Lords Amendment 17 and proposes the following Amendment in lieu |
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| Page 5, line 12, at end insert the following new Clause:— |
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| | | ‘Supervision by court of making of non-derogating control orders |
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| | (1) | The Secretary of State must not make a non-derogating control order against an |
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| | (a) | having decided that there are grounds to make such an order against that |
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| | individual, he has applied to the court for permission to make the order |
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| | and has been granted that permission; |
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| | (b) | the order contains a statement by the Secretary of State that, in his |
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| | opinion, the urgency of the case requires the order to be made without |
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| | (c) | the order is made before 14th March 2005 against an individual who, at |
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| | the time it is made, is an individual in respect of whom a certificate under |
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| | section 21(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) |
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| | (2) | On an application for permission to make a non-derogating control order against |
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| | (a) | the function of the court is to consider whether the Secretary of State’s |
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| | decision that there are grounds to make the order in question against that |
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| | individual is obviously flawed; |
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| | (b) | the court may give that permission unless it determines that that decision |
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| | (c) | if it gives permission, the court must give directions for a hearing in |
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| | relation to the order as soon as reasonably practicable after it is made. |
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| | (3) | Where the Secretary of State makes a non-derogating control order against an |
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| | individual without the permission of the court— |
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| | (a) | he must immediately refer the order to the court; and |
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| | (b) | the function of the court on the reference is to consider whether the |
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| | decision of the Secretary of State to make the order he did was obviously |
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| | (4) | The court’s consideration on a reference under subsection (3)(a) must begin no |
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| | more than 7 days after the day on which the control order in question was made. |
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| | (5) | The court may consider an application for permission under subsection (1)(a) or |
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| | a reference under subsection (3)(a)— |
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| | (a) | in the absence of the individual in question; |
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| | (b) | without his having been notified of the application or reference; and |
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| | (c) | without his having been given an opportunity (if he was aware of the |
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| | application or reference) of making any representations to the court; |
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| | | but this subsection is not to be construed as limiting the matters about which rules |
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| | of court may be made in relation to the consideration of such an application or |
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| | (6) | On a reference under subsection (3)(a), the court— |
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| | (a) | if it determines that the decision of the Secretary of State to make a non- |
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| | derogating control order against the controlled person was obviously |
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| | flawed, must quash the order; |
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| | (b) | if it determines that that decision was not obviously flawed but that a |
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| | decision of the Secretary of State to impose a particular obligation by that |
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| | order was obviously flawed, must quash that obligation and (subject to |
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| | that) confirm the order and give directions for a hearing in relation to the |
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| | (c) | in any other case, must confirm the order and give directions for a hearing |
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| | in relation to the confirmed order. |
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| | (7) | The directions given under subsection (2)(c) or (6)(b) or (c) must include |
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| | arrangements for the individual in question to be given an opportunity within 7 |
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| | days of the court’s giving permission or (as the case may be) making its |
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| | determination on the reference to make representations about— |
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| | (a) | the directions already given; and |
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| | (b) | the making of further directions. |
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| | (8) | On a reference under subsection (3)(a), the court may quash a certificate |
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| | contained in the order for the purposes of subsection (1)(b) if it determines that |
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| | the Secretary of State’s decision that the certificate should be contained in the |
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| | (9) | The court must ensure that the controlled person is notified of its decision on a |
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| | reference under subsection (3)(a). |
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| | (10) | On a hearing in pursuance of directions under subsection (2)(c) or (6)(b) or (c), |
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| | the function of the court is to determine whether any of the following decisions |
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| | of the Secretary of State was flawed— |
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| | (a) | his decision that the requirements of section 3(A1)(a) and (b) were |
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| | satisfied for the making of the order; and |
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| | (b) | his decisions on the imposition of each of the obligations imposed by the |
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| | (a) | what constitutes a flawed decision for the purposes of subsection (2), (6) |
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| | (b) | the matters mentioned in subsection (10), |
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| | | the court must apply the principles applicable on an application for judicial |
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| | (12) | If the court determines, on a hearing in pursuance of directions under subsection |
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| | (2)(c) or (6)(b) or (c), that a decision of the Secretary of State was flawed, its only |
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| | (a) | power to quash the order; |
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| | (b) | power to quash one or more obligations imposed by the order; and |
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| | (c) | power to give directions to the Secretary of State for the revocation of the |
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| | order or for the modification of the obligations it imposes. |
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| | (13) | In every other case the court must decide that the control order is to continue in |
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| | (14) | If requested to do so by the controlled person, the court must discontinue any |
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| | hearing in pursuance of directions under subsection (2)(c) or (6)(b) or (c).’. |
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| | Lords Amendments Nos. 27, 31 and 32 |
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| To move, That this House insists on its disagreement with the Lords in their Amendments Nos. |
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| 27, 31 and 32 and on its Amendments 27C and 27D in lieu and proposes the following Amendments |
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| Page 13, line 6, at end insert— |
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| | ‘( ) | That report must also contain the opinion of the person making it on the |
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| | implications for the operation of this Act of any proposal made by the Secretary |
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| | of State for the amendment of the law relating to terrorism.’. |
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| To move, That this House disagrees with Lords Amendment 33D and insists on its Amendment |
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| 33C in lieu, does not insist on its Amendments 33A and 33B and proposes the following |
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| Page 12, line 37, at end insert the following new Clause— |
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| | (1) | Except so far as otherwise provided under this section, sections 1 to 6 expire at |
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| | the end of the period of 12 months beginning with the day on which this Act is |
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| | (3) | The Secretary of State may, by order made by statutory instrument— |
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| | (a) | repeal sections 1 to 6; |
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| | (b) | at any time revive those sections for a period not exceeding one year; or |
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| | (c) | provide that those sections— |
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| | (i) | are not to expire at the time when they would otherwise expire |
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| | under subsection (1) or in accordance with an order under this |
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| | (ii) | are to continue in force after that time for a period not exceeding |
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| | (4) | Before making an order under this section the Secretary of State must consult the |
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| | person appointed for the purposes of section 11(2). |
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| | (6) | No order may be made by the Secretary of State under this section unless a draft |
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| | of it has been laid before Parliament and approved by a resolution of each House. |
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| | (8) | Subsection (4) does not apply to an order that contains a declaration by the |
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| | Secretary of State that the order needs, by reason of urgency, to be made without |
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| | the approval required by that subsection.
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| | (9) | An order under this section that contains such a declaration— |
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| | (a) | must be laid before Parliament after being made; and |
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| | (b) | if not approved by a resolution of each House before the end of 40 days |
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| | beginning with the day on which the order was made, ceases to have |
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| | effect at the end of that period. |
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| | (10) | Where an order ceases to have effect in accordance with subsection (6), that does |
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| | (a) | affect anything previously done in reliance on the order; or |
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| | (b) | prevent the making of a new order to the same or similar effect. |
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| | (11) | Where sections 1 to 6 expire or are repealed at any time by virtue of this section, |
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| | that does not prevent or otherwise affect— |
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| | (a) | the court’s consideration of a reference made before that time under |
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| | subsection (3)(a) of section (Supervision by court of making of non- |
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| | derogating control orders); |
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| | (b) | the holding or continuation after that time of any hearing in pursuance of |
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| | directions under subsection (2)(c) or (6)(b) or (c) of that section; |
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| | (c) | the holding or continuation after that time of a hearing to determine |
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| | whether to confirm a derogating control order (with or without |
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| | (d) | the bringing or continuation after that time of any appeal, or further |
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| | appeal, relating to a decision in any proceedings mentioned in paragraphs |
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| | (a) to (c) of this subsection; |
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| | | but proceedings may be begun or continued by virtue of this subsection so far |
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| | only as they are for the purpose of determining whether a certificate of the |
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| | Secretary of State a control order or an obligation imposed by such an order |
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| | should be quashed or treated as quashed. |
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| | (12) | Nothing in this Act about the period for which a control order is to have effect or |
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| | is renewed enables such an order to continue in force after the provision under |
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| | which it was made or last renewed has expired or been repealed by virtue of this |
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| | (14) | In subsection (6) “40 days” means 40 days computed as provided for in section |
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| | 7(1) of the Statutory Instruments Act 1946 (c. 36).’.
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| Page 13, line 1, leave out ‘every relevant 12 month period’ and insert— |
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| | (a) | the period of 9 months beginning with the day on which this Act is |
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| | (b) | every 12 month period which ends with the first or a subsequent |
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| | anniversary of the end of the period mentioned in the preceding |
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| | paragraph and is a period during the whole or a part of which sections 1 |
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| | to 6 of this Act were in force.’. |
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