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The Chairman: Order. I have been very liberal so far.
Mr. Cash: Well, I have not had a point of order, Sir Alan, but my hon. Friend the Member for South Staffordshire (Sir Patrick Cormack) has had about five.
The Chairman: I must tell the hon. Member for Stone (Mr. Cash), in the best of humour, that I have heard many points of order from him in times past. If I do not hear one from him today, that will even the score slightly.
I think that the Committee would now be wise to proceed.
4.39 pm
Mr. Win Griffiths (Bridgend) (Lab): I beg to move amendment No. 4, in page 1, line 3, leave out 'make' and insert
'apply to the court for'.
28 Feb 2005 : Column 666
The Chairman: With this it will be convenient to discuss the following:
Amendment No. 180, in 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.'.
Amendment No. 5, in page 1, line 11, after 'the', insert
'court on the application of the'.
Amendment No. 59, in page 1, line 11, leave out 'Secretary of State' and insert 'court'.
Amendment No. 60, in page 1, line 13, leave out from first 'activity' to end of line 14.
Amendment No. 6, in clause 2, page 3, line 23, after 'The', insert
'court on the application of the'.
Amendment No. 1, in clause 2, page 3, line 23, leave out 'make' and insert 'apply for'.
Amendment No. 64, in clause 2, page 3, line 23, leave out 'make' and insert
'apply to the court for'.
Amendment No. 7, in clause 2, page 3, line 26, leave out 'he' and insert 'it'.
Amendment No. 8, in clause 2, page 3, line 28, leave out 'he' and insert 'it'.
Amendment No. 66, in clause 2, page 3, line 35, leave out from beginning to end of line 34 on page 4.
Amendment No. 184, in clause 2, page 3, line 35, leave out subsections (2) to (7).
Amendment No. 9, in clause 2, page 3, line 35, after 'the', insert
'court on the application of the'.
Amendment No. 2, in clause 2, page 3, line 35, leave out 'makes' and insert 'applies for'.
Amendment No. 3, in 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.
28 Feb 2005 : Column 667
(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.'.
Amendment No. 10, in 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'.
Amendment No. 134, in 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 arising out of, or associated with, a particular public emergency.'.
Amendment No. 164, in clause 2, page 3, line 44, leave out '7' and insert '3'.
Amendment No. 136, in 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).'.
Amendment No. 135, in 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.'.
Amendment No. 11, in clause 2, page 4, line 10, leave out 'by the court' and insert 'of the appeal'.
Amendment No. 12, in clause 2, page 4, line 11, after second 'the', insert
'court on the application of the'.
Amendment No. 13, in clause 2, page 4, line 21, leave out 'Secretary of State' and insert 'court of first instance'.
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