wh550311.97-103

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

97

House of Commons

Thursday 3rd November 2005

Committee of the Whole House

Proceedings

Terrorism Bill

[second DAY]

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

David Davis

Mr Dominic Grieve

Not selected  82

Clause  21,  page  19,  leave out lines 7 to 25 and insert—

‘(5A)
The cases in which an organisation promotes or encourages terrorism for the

purposes of subsection (5)(c) include any case in which a person whilst acting in

the capacity of an officer of that organisation commits an offence under sections

1 or 2 of the Terrorism Act 2005.’.

Mr William Cash

Not selected  53

Page  19,  line  4,  leave out Clause 21.

Clause Agreed to.

Clause 22 Agreed to.

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

Withdrawn  87

Clause  5,  page  7,  line  22,  after ‘any’, insert ‘relevant’.

Committee of the whole House Proceedings: 3rd November 2005
98

Terrorism Bill, continued

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

Not called  88

Clause  5,  page  7,  line  27,  at end insert—

‘( )
In this section “relevant conduct” means conduct of a description specified in an

order made by statutory instrument by the Secretary of State.

( )
A statutory instrument containing an order made by the Secretary of State under

this section may not be made unless a draft of the instrument has been laid before,

and approved by a resolution of, each House of Parliament.’.

Clause Agreed to.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Withdrawn  57

Clause  6,  page  7,  line  32,  leave out ‘or suspects’.

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

Not called  89

Clause  6,  page  7,  line  32,  after ‘or’, insert ‘reasonably’.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Negatived on division  58

Clause  6,  page  8,  line  26,  at end add—

‘(4A)
It shall be a defence to an offence under section 6 (1), for the defendant to show

that he reported any suspicion to the police or in the case of an employee to his

employer or other person in authority over him.’.

Clause Agreed to.

Clause 7 Agreed to.

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

Not called  42

Clause  8,  page  10,  line  13,  at end add—

Committee of the whole House Proceedings: 3rd November 2005
99

Terrorism Bill, continued

‘(7)
It shall be a defence to a charge brought under this section for an accused person

to show—

(a)
that he had no reasonable grounds for believing that the place was a place

used for terrorist training; or

(b)
that the accused was in the place used for terrorist training for legitimate

research purposes.’.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Negatived on division  59

Clause  8,  page  10,  line  14,  at end add—

(7)
It shall be a defence to an offence under this section for a defendant to show on

the balance of probabilities that his attendance at any place used for terrorist

training was—

(a)
for the purpose of preventing the instruction or training taking place; or

(b)
for the purpose of gathering information about the instruction or training;

or

(c)
involuntary.

Mr Elfyn Llwyd

Angus Robertson

Mr Alex Salmond

Hywel Williams

Adam Price

Stewart Hosie

Not selected  64

Page  9,  line  20,  leave out Clause 8.

Clause Agreed to.

Clauses 9 to 11 Agreed to.

Mr Elfyn Llwyd

Angus Robertson

Mr Alex Salmond

Hywel Williams

Adam Price

Stewart Hosie

Not selected  65

Clause  12,  page  12,  line  28,  at end insert—

‘(2A)
The courts shall not regard or refer to an offence of trespass under section 128(1)

of the Serious Organised Crime and Police Act 2005 as a terrorist offence unless

they are satisfied that the offence is also an offence under section 5 of this Act.’.

Mr Secretary Clarke

Agreed to  100

Clause  12,  page  12,  line  34,  at beginning insert ‘so much of’.

Committee of the whole House Proceedings: 3rd November 2005
100

Terrorism Bill, continued

Mr Secretary Clarke

Agreed to  101

Clause  12,  page  12,  line  36,  leave out from ‘force’ to end of line 42 and insert ‘as

lies within the outer perimeter of the protection provided for those premises; and

(b)
so much of any other premises of which premises falling within

paragraph (a) form a part as lies within that outer perimeter.’.

Mr Secretary Clarke

Agreed to  102

Clause  12,  page  13,  line  11,  at beginning insert ‘so much of’.

Mr Secretary Clarke

Agreed to  103

Clause  12,  page  13,  line  13,  leave out from ‘force’ to end of line 19 and insert ‘as

lies within the outer perimeter of the protection provided for those premises; and

(b)
so much of any other premises of which premises falling within

paragraph (a) form a part as lies within that outer perimeter.’.

Clause, as amended, Agreed to.

Clauses 13 to 16 Agreed to.

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

David Davis

Mr Dominic Grieve

Negatived on division  90

Clause  17,  page  16,  line  3,  leave out ‘and’.

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

David Davis

Mr Dominic Grieve

Not called  91

Clause  17,  page  16,  line  5,  at end insert ‘and

(c)
the action involves harm or the threat of harm to a national of the United

Kingdom.’.

Clause Agreed to.

Committee of the whole House Proceedings: 3rd November 2005
101

Terrorism Bill, continued

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Withdrawn  104

Clause  18,  page  16,  line  36,  leave out from ‘of’ to end of line 37.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Not called  105

Clause  18,  page  17,  line  1,  leave out from ‘of’ to ‘a’ in line 2.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Not selected  60

Page  16,  line  34,  leave out Clause 18.

Clause Agreed to.

Clause 19 Agreed to.

Mr Richard Burden

John Austin

Withdrawn  33

Clause  20,  page  17,  leave out lines 31 to 33.

Mr John Denham

Helen Goodman

Richard Burden

Jon Trickett

Steve McCabe

Tony Lloyd

Not called  69

Clause  20,  page  17,  line  33,  at end add ‘but in respect of Clauses 1, 2, 3, 4 and 17

such an action includes any action that is intended to cause death or serious bodily harm

to civilians or non-combatants, when the purpose of such act, by its nature or context, is

to intimidate the population, or to compel a government or an international organisation

to do or to abstain from doing any act.’.

Mr William Cash

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

David Davis

Not called  52

Clause  20,  page  17,  leave out lines 38 and 39.

Committee of the whole House Proceedings: 3rd November 2005
102

Terrorism Bill, continued

Clause Agreed to.

Schedule 1 Agreed to.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Not called  106

Clause  25,  page  25,  line  22,  leave out ‘or a District Judge (Magistrates’ Courts)’.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Not called  107

Clause  25,  page  25,  line  29,  leave out ‘or a District Judge (Magistrates’ Courts)’.

Clause Agreed to.

Clauses 26 and 27 Agreed to.

Schedule 2 Agreed to.

Clauses 28 and 29 Agreed to.

David Davis

Mr Dominic Grieve

Patrick Mercer

Mr Edward Garnier

Not called  108

Clause  30,  page  29,  line  15,  at end insert ‘and the Secretary of State shall

immediately provide an endorsement in writing of the decision to issue’.

Clause Agreed to.

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

Dr Evan Harris

Not called  83

Clause  31,  page  31,  line  19,  at end insert—

‘(8)
Sections 17 and 18 of the Regulation of Investigatory Powers Act 2000 shall

cease to have effect.’.

Committee of the whole House Proceedings: 3rd November 2005
103

Terrorism Bill, continued

Clause Agreed to.

Clause 32 Agreed to.

Mr Robert Marshall-Andrews

Alan Simpson

Jeremy Corbyn

Ms Diane Abbott

Mrs Linda Riordan

John McDonnell

Not called  61

Clause  33,  page  32,  line  19,  at end add ‘save and except where such government or

international government organisation has, at the time of such use or threat, directly or

indirectly been persistently responsible for acts that are in breach of the Universal

Declaration of Human Rights.’.

Mr Douglas Hogg

Not called  75

Clause  33,  page  32,  line  19,  at end insert—

‘( )
for the purposes of this Act actions to be done outside the United Kingdom not

involving the citizens of the United Kingdom or their property or the property of

the government of the United Kingdom or of corporations registered in the United

Kingdom or of businesses having an office in the United Kingdom and but for this

subsection to be treated as acts of terrorism or Convention offences shall only be

so treated if such actions are done with the intent of causing death or injury to

persons who are not members of the armed or the security forces of the country

where the acts are to be committed or are otherwise engaged in the administration

of that country’.

Mr Mark Oaten

Mr Alistair Carmichael

Mr David Heath

Lynne Featherstone

Not called  84

Clause  33,  page  32,  line  19,  at end insert—

‘( )
In section 1(2)(b) of the Terrorism Act 2000, leave out “serious damage to

property” and insert “extensive destruction to property likely to endanger human

life or result in major economic loss.”.’.

Clause Agreed to.

Clauses 34 to 36 Agreed to.

Schedule 3 Agreed to.

Clauses 37 and 38 Agreed to.