Amendments proposed to the Terrorism Bill, As Amended - continued House of Commons

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Discretion of judicial authority in relation to national security

   

Mr William Cash

NC3

To move the following Clause:—

    'A judicial authority may only extend a period of detention under sections 23 or 24 of this Act when that authority is satisfied, following representations made by a Minister of the Crown, that there are overriding reasons of national security.'.


Disapplication of Human Rights Act 1998

   

Mr William Cash

NC4

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

NC5

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

NC6

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).'.


Duration of section 23

   

Mr Mark Oaten
Mr Alistair Carmichael
Mr David Heath
Lynne Featherstone

NC7

To move the following Clause:—

    'The provisions of section 23 of this Act shall remain in force until one year after their commencement and shall then expire.'.


Stop and search

   

Mr Michael Meacher

NC8

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)—

      (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).'.


   

Mr Secretary Clarke

34

Page     1,     line     5     [Clause     1],     leave out subsection (1) and insert—

    '(A1)   This section applies to a statement that is likely to be understood by members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism or Convention offences.

    (1)   A person commits an offence if—

      (a) he publishes a statement to which this section applies or causes another to publish such a statement on his behalf; and

      (b) at the time he does so, he intends the statement to be understood as mentioned in subsection (A1) or is reckless as to whether or not it is likely to be so understood.

    (1A)   For the purposes of this section the cases in which a person is to be taken as reckless as to whether a statement is likely to be understood as mentioned in subsection (A1) include any case in which he could not reasonably have failed to be aware of that likelihood.'.

   

David Davis
Mr Dominic Grieve
Patrick Mercer
Mr Edward Garnier
David Maclean
Mr Elfyn Llwyd

19

Page     1,     line     5     [Clause     1],     leave out subsection (1) and insert—

    '(A1)   This section applies to a statement that is likely to be understood by members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism or Convention offences.

    (1)   A person commits an offence if—

      (a) he publishes a statement to which this section applies or causes another to publish such a statement on his behalf; and

      (b) at the time he does so, he intends the statement to be understood as mentioned in subsection (A1) or is reckless as to whether or not it is likely to be so understood.

   

Mr John Denham
Helen Goodman
Jon Trickett
Richard Burden
Lynne Jones
Mr Elfyn Llwyd

14

Page     1,     line     6     [Clause     1],     leave out from 'statement' to end of line 7 on page 2 and insert ', which may include the glorification of the commission or preparation (whether in the past, in the future or generally) of acts of terrorism or Convention offences, or causes another to publish a statement on his behalf; and

      (b) at the time he does so he—

      (i) knows or believes that members of the public to whom the statement is addressed or is to be published will, or

      (ii) is recklessly indifferent to the likelihood that such persons would,

      understand it as a direct or indirect encouragement or inducement to the commission, preparation or instigation of acts of terrorism or Convention offences.'.

   

David Davis
Mr Dominic Grieve
Patrick Mercer
Mr Edward Garnier
David Maclean

2

Page     1,     line     8     [Clause     1],     leave out paragraph (b) and insert—

      '(b) at the time he does so, he intends or is recklessly indifferent to the fact that the publication will be understood as a direct or indirect encouragement or inducement to the commission, preparation or instigation of acts of terrorism or Convention offences.'.

   

Mr Mark Oaten
Mr Alistair Carmichael
Mr David Heath
Lynne Featherstone

21

Page     1,     line     9     [Clause     1],     leave out from 'believes' to end of line 10.

   

Mr Mark Oaten
Mr Alistair Carmichael
Mr David Heath
Lynne Featherstone

22

Page     1,     line     12     [Clause     1],     leave out 'or indirect encouragement or other inducement' and insert 'provocation'.

   

Mr Robert Marshall-Andrews
Alan Simpson
Jeremy Corbyn
Mrs Linda Riordan
John McDonnell
Mr Robert N. Wareing

Ms Katy ClarkKelvin HopkinsDr Ian Gibson
Frank DobsonLynne JonesMrs Ann Cryer

64

Page     1,     line     14     [Clause     1],     at end insert 'and

      (c) either—

      (i) he intends that the statement will have that effect, or

      (ii) he is reckless as to whether the statement will have that effect upon reasonable members of the public.'.

   

David Davis
Mr Dominic Grieve
Patrick Mercer
Mr Edward Garnier
David Maclean
Mr Robert Marshall-Andrews

Alan SimpsonJohn McDonnellMrs Linda Riordan
Jeremy CorbynMr Robert N. WareingMr Mark Oaten
Mr Alistair CarmichaelMr David HeathLynne Featherstone

3

Page     1,     line     15     [Clause     1],     leave out subsection (2).


   

Mr Secretary Clarke

35

Page     2,     line     7     [Clause     1],     after 'emulated', insert 'by them'.

   

Mr Secretary Clarke

36

Page     2,     line     8     [Clause     1],     leave out from 'questions' to 'must' in line 10 and insert 'how a statement is likely to be understood and what members of the public could reasonably be expected to infer from it'.

 
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Prepared 9 Nov 2005