 House of Commons |
Publications on the internet Index of Amendments |
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Amendment Paper as at
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| Ms Katy Clark | Kelvin Hopkins | Dr Ian Gibson |
| Frank Dobson |
65
Page 21, line 24, leave out Clauses 23 and 24.
Mr Secretary Clarke
51
Page 22, line 7 [Clause 23], leave out 'special'.
Mr Secretary Clarke
52
Page 22, line 10 [Clause 23], at end insert—'( ) In paragraph 36 (applications for extension or further extension), omit the words "to a judicial authority" in sub-paragraph (1), and after that sub-paragraph insert—
"(1A) The person to whom an application under sub-paragraph (1) may be made is—
(a) in the case of an application falling within sub-paragraph (1B), a judicial authority; and
(b) in any other case, a senior judge.
| (1B) | An application for the extension or further extension of a period falls within this sub-paragraph if— |
(a) the grant of the application otherwise than in accordance with sub-paragraph (3AA)(b) would extend that period to a time that is no more than fourteen days after the relevant time; and
(b) no application has previously been made to a senior judge in respect of that period."'.
Mr William Cash
17
Page 22, line 10 [Clause 23], at end insert—
| '( ) | In sub-paragraph (3) of paragraph 33, after "hearing", insert "provided that the authority is satisfied, following representations made by a Minister of the Crown, that there are overriding reasons of national security.".'. |
Mr William Cash
18
Page 22, line 10 [Clause 23], at end insert—
| '( ) | In sub-paragraph (4) of paragraph 34, after "paragraph", insert "provided that the authority is satisfied, following representations made by a Minister of the Crown, that there are overriding reasons of national security.".'. |
Mr Secretary Clarke
53
Page 22, line 11 [Clause 23], leave out 'paragraph 36' and insert 'that paragraph'.
Mr Secretary Clarke
54
Page 22, line 13 [Clause 23], leave out 'new specified period' and insert 'period by which the specified period is extended or further extended'.
Mr Secretary Clarke
55
Page 22, line 19 [Clause 23], leave out 'three months' and insert 'ninety days'.
Mr David Winnick
Mr Sadiq Khan
Mr Chris Mullin
Keith Vaz
Dr Desmond Turner
Mr David Hamilton
| Mr Elfyn Llwyd | David Davis | Mr Dominic Grieve |
| Patrick Mercer | Mr Edward Garnier | David Maclean |
| Mark Lazarowicz |
1
Page 22, line 19 [Clause 23], leave out 'three months' and insert '28 days'.As an Amendment to Mr David Winnick's proposed Amendment (No. 1) (Page 22, line 19 [Clause 23]):—
Mr Frank Field
(a)
Leave out '28' and insert '90'.
Janet Anderson
Steve McCabe
Jim Dowd
Kali Mountford
33
Page 22, line 19 [Clause 23], leave out 'three months' and insert '60 days'.
Mr Secretary Clarke
56
Page 22, line 28 [Clause 23], after 'authority', insert 'or senior judge'.
Mr Secretary Clarke
57
Page 22, line 33 [Clause 23], after 'authority', insert 'or senior judge'.
Mr Secretary Clarke
58
Page 22, line 33 [Clause 23], leave out 'special'.
Mr Mark Oaten
Mr Alistair Carmichael
Mr David Heath
Lynne Featherstone
Lynne Jones
29
Page 22, line 36 [Clause 23], at end insert—'(3AB) Where the new specified period will end more than 14 days after the relevant time—
| (a) | the specified period may only be extended— |
| (i) | pending the result of an examination or analysis which is to be or is being carried out with a view to obtaining relevant evidence, or |
| (ii) | for the purpose of obtaining relevant evidence from outside the United Kingdom or from records within the United Kingdom which cannot reasonably be obtained without such an extension of the specified period; |
| (b) | the specified period may only be extended if the judicial authority is satisfied that there is no reasonable possibility of the detainee being charged immediately with another offence relating to terrorism or a terrorist act; |
| (c) | the judicial authority must approve the nature of any further questioning of the detainee during the new specified period.'. |
Mr Secretary Clarke
59
Page 22, line 36 [Clause 23], at end insert—'( ) In sub-paragraph (4) of that paragraph (application of paragraphs 30(3), and 31 to 34), at the end insert "but, in relation to an application made by virtue of sub-paragraph (1A)(b) to a senior judge, as if—
| (a) | references to a judicial authority were references to a senior judge; and |
| (b) | references to the judicial authority in question were references to the senior judge in question." |
( ) In sub-paragraph (5) of that paragraph, after "authority" insert "or senior judge".
( ) After sub-paragraph (6) of that paragraph insert—
"(7) In this paragraph and paragraph 37 'senior judge' means a judge of the High Court or of the Court of Session."'.
Mr Secretary Clarke
60
Page 22, line 45 [Clause 23], after 'authority', insert 'or senior judge'.
Mr Secretary Clarke
61
Page 23, line 6 [Clause 23], at end insert—'(6A) Paragraph 36 has effect in relation to any further extension for a period beginning one year or more after the commencement of this section as if, in sub-paragraph (3)(b) of that paragraph, for "ninety days" there were substituted "fourteen days".
(6B) The Secretary of State may by order—
| (a) | repeal subsection (6A); or |
| (b) | make such modifications of paragraph 36 as he considers appropriate in consequence of his not having made an order repealing that subsection. |
(6C) If when the period of one year after the commencement of this section ends—
| (a) | an individual is being detained by virtue of a further extension under paragraph 36; |
| (b) | the period for which his further detention is authorised ends more than fourteen days after the relevant time (within the meaning of that paragraph); and |
| (c) | no order repealing subsection (6A) has been made, |
the person with custody of that person must release him (if that fourteen days has already expired) immediately and (if it has not) at the end of that fourteen days.
(6D) An order under subsection (6B) has to be made by statutory instrument and, in the case of an order repealing subsection (6A), may not be made more than one year after the commencement of this section.
(6E) The Secretary of State must not make an order containing (with or without other provision) any provision authorised by subsection (6B) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Rob Marris
Lynne Jones
63
Page 23, line 6 [Clause 23], at end insert—'(6A) After paragraph 37 insert—
| "37A | (1) | Any detained person who has been released— |
(a) in accordance with the provisions of paragraph 37 having been detained for not less than 14 days, or
(b) owing to the effluxion of time
("the ex-detainee"), shall be entitled to claim full compensation for his financial losses resulting from his detention.
| (2) | The Secretary of State shall, within 3 months of the coming into force of section 23 of the Terrorism Act 2005, make regulations establishing a compensation scheme for ex-detainees. |
| (3) | Regulations under sub-paragraph (2) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'. |
NEW CLAUSES
Extension of period of detention by judicial authority: duration
Mr David Winnick
David Davis
Mr Dominic Grieve
Patrick Mercer
Mr Edward Garnier
David Maclean
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.'.
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| ©Parliamentary copyright 2005 | Prepared 9 Nov 2005 |