NEW CLAUSES
Extension of period of detention by judicial authority: duration
Mr David Winnick
Jon Trickett
David Davis
Mr Dominic Grieve
Patrick Mercer
Mr Edward Garnier
NC1
To move the following Clause:—
'(1) The provisions of section 23 of this Act shall remain in force until one year after their commencement and shall then expire unless continued in force by an order under subsection (2) below.
(2) The Secretary of State may by order made by statutory instrument provide—
| (a) | that all or any of those provisions which are in force shall continue in force for a period not exceeding twelve months from the coming into opertion of the order; or |
| (b) | that all or any of those provisions which are for the time being in force shall cease to be in force. |
(3) No order shall be made under subsection (2) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'.
Protection for media
Mr Mark Oaten
Mr Alistair Carmichael
Mr David Heath
Lynne Featherstone
NC2
To move the following Clause:—
'Nothing in Part 1 of this Act will be an offence if it is demonstrated by an accused person that his conduct was in the course of reporting of news through a news medium.'.
Disapplication of Human Rights Act 1998
Mr William Cash
NC3
To move the following Clause:—
'Sections 23 and 24 of this Act shall take effect notwithstanding the Human Rights Act 1998 (c.42).'.
Definition of 'judicial authority'
Mr William Cash
NC4
To move the following Clause:—
'For the purposes of sections 23 and 24 of this Act, "judicial authority" shall mean, in England, Wales and Northern Ireland, a person designated by the Lord Chancellor only where he is satisfied that the judge or magistrate in question has appropriate experience of determining terrorist cases and shall include judges of the Crown Court and High Court.'.
Detention under the Terrorism Acts
Mr William Cash
NC5
To move the following Clause:—
'(1) Where under the Terrorism Act 2000, an Act amending that Act, or this Act, a person is in police detention or is otherwise detained, he shall have the right to apply for a writ of habeas corpus, or other prerogative remedy and to a fair trial in accordance with due process and the rule of law.
(2) Subsection (1) shall have effect notwithstanding the Human Rights Act 1998 (c. 42).'.
Judicial interpretation of certain provisions during public emergency
Mr William Cash
Mr Peter Robinson
NC6
To move the following Clause:—
'(1) The Secretary of State may lay before Parliament a declaration—
| (a) | that there is a state of public emergency for the purposes of the Terrorism Act 2000 or this Act, or |
| (b) | that there is no longer a state of public emergency for the purposes of those Acts. |
(2) This subsection applies during the period which—
| (a) | begins with the laying before Parliament of a declaration under subsection (1)(a), and |
| (b) | ends with the laying before Parliament of a declaration under subsection (1)(b). |
(3) When subsection (2) applies, a court or tribunal shall, in determining a question that has arisen in connection with those Acts, have due regard to decisions of a Minister of the Crown in respect of terrorist activities constituting a threat to national security.'.
Stop and search
Mr Michael Meacher
NC7
*To move the following Clause:—
'(1) Part V of the Terrorism Act 2000 (counter terrorist powers) is amended as follows.
(2) In section 44 (authorisations to stop and search)—
| (a) | for subsection (3), for the words from "if" to the end of that subsection substitute "if the person giving it reasonably believes it to be necessary for the prevention of acts of terrorism"; |
| (b) | after subsection (3), insert— |
| "(3A) | The area or place specified in the authorisation, within which the power conferred by the authorisation may be exercised, must be no greater than is proportionate to the nature of the specific threat"; |
| (d) | for subsections (4A), (4B) and (4BA), after "given" insert "for a period specified in the authorisation not exceeding 24 hours"; |
| (e) | after subsection (4C) insert— |
| "(4D) | An authorisation may be given for a period specified in the authorisation not exceeding 28 days by the Secretary of State, who must lay the authorisation before both Houses of Parliament as soon as reasonably practicable."; |
| (f) | after subsection (5), insert— |
| "(6) | An authorisation must be publicised within 7 days of it being given. |
| (7) | Publicity under subsection (6) above shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the public.". |
(3) In section 46 (duration of authorisation)—
| (a) | for subsection (1), substitute— |
| "(1) | Where an authorisation has been given by a person listed in section 44(4), if it is considered by the person who gave the authorisation, or a person who could have given it, that it is necessary to do so having regard to the nature of the specific threat of terrorism, he may apply to a High Court judge for an order under this section that the authorisation shall be renewed for a further period not exceeding 24 hours."; |
| (b) | for subsection (2), substitute— |
| "(2) | A High Court judge may grant an application under subsection (1) if satisfied that it is necessary for the prevention of acts of terrorism for the authorisation to be renewed for a further period not exceeding 24 hours."; |
| (c) | for subsection (3), substitute— |
| "(3) | Where an authorisation has been given by a person listed in section 44(4), the person who gives the authorisation, or applies for renewal under subsection (1), shall inform the Secretary of State as soon as is reasonably practicable and in any event within 24 hours."; |
| (d) | omit subsections (4), (5) and (7).'. |
ORDER OF THE HOUSE [26TH OCTOBER 2005]
That the following provisions shall apply to the Terrorism Bill:
Committal
1. The Bill shall be committed to a Committee of the whole House.
Proceedings in Committee
2.
| (1) | Proceedings in Committee of the whole House shall be completed in two days. |
| (2) | Those proceedings shall be taken in the order shown in the first column of the following table and shall be brought to a conclusion (so far as not previously concluded) at the times specified in the second column. |
| Proceedings | Time for conclusion of proceedings |
First day
| Clauses Nos. 1 to 4 | Three hours after the commencement of proceedings on the Bill on the first day. |
| Clauses Nos. 23 and 24 | The moment of interruption on the first day or three hours after the commencement of proceedings on Clause No. 23, whichever is the later. |
Second day
| Clauses Nos. 21 and 22, Clauses Nos. 5 to 20, Schedule No. 1, Clauses Nos. 25 to 27, Schedule No. 2, Clauses Nos. 28 to 36, Schedule No. 3, Clauses Nos. 37 and 38, new Clauses, new Schedules, remaining proceedings on the Bill. | The moment of interruption on the second day. |
| (3) | Standing Order No. 83B (Programming committees) shall not apply to the proceedings on the Bill in Committee of the whole House. |
Consideration and Third Reading
3. Any proceedings on consideration shall be brought to a conclusion (so far as not previously concluded) six hours after the commencement of those proceedings.
4. Proceedings on Third Reading shall be brought to a conclusion (so far as not previously concluded) four hours after the commencement of those proceedings.
5. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
Programming of other proceedings
6. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.
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