wh550311.104-107

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 3rd November 2005
104

Terrorism Bill, continued

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

Not called  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

Not called  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

Not called  NC3

To move the following Clause:—

Committee of the whole House Proceedings: 3rd November 2005
105

Terrorism Bill, continued

‘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

Not called  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

Not called  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

Not selected  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—

Committee of the whole House Proceedings: 3rd November 2005
106

Terrorism Bill, continued

(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

Not selected  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”;

(c)
for subsection (4)—


after “given” insert “for a period specified in the authorisation

not exceeding 24 hours”;

for subsection (4)(a) to subsection (4)(d), omit “the whole or”;

(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)—

Committee of the whole House Proceedings: 3rd November 2005
107

Terrorism Bill, continued

(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).’.

Bill reported, with Amendments