06124.1-6

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Terrorism Bill
[The page and line references are to HL Bill 38, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 5, after “by” insert “some or all of the”
2
Page 1, line 11, leave out “on his behalf”
3
Page 1, line 12, leave out from first “he” to end of line 14 and insert “publishes it or

causes it to be published, he—

(i)
intends members of the public to be directly or indirectly

encouraged or otherwise induced by the statement to

commit, prepare or instigate acts of terrorism or Convention

offences; or

(ii)
is reckless as to whether members of the public will be

directly or indirectly encouraged or otherwise induced by

the statement to commit, prepare or instigate such acts or

offences.”
4
Page 1, line 15, leave out subsection (3)
5
Page 2, line 1, leave out subsection (4) and insert—

“( )
For the purposes of this section, “indirect encouragement” comprises the

making of a statement describing terrorism in such a way that the listener

would infer that he should emulate it.”
6
Page 2, line 17, leave out from “whether” to “relates” and insert “anything

mentioned in those subsections”
7
Page 2, line 24, leave out from “proceedings” to end of line 28 and insert “for an

offence under this section against a person in whose case it is not proved that he

intended the statement directly or indirectly to encourage or otherwise induce the

commission, preparation or instigation of acts of terrorism or Convention offences,

it is a defence for him to show—”
8
Page 2, line 31, after “circumstances” insert “of the statement’s publication”
Clause 2
9
Page 2, line 48, after “offence” insert “if he engages in conduct falling within

Bill 124 54/1

(  2  )

subsection (1A) and, at the time he does so—

(a)
he intends an effect of his conduct to be a direct or indirect

encouragement or other inducement to the commission,

preparation or instigation of acts of terrorism;

(b)
he intends an effect of his conduct to be the provision of assistance

in the commission or preparation of such acts; or

(c)
he is reckless as to whether his conduct has an effect mentioned in

paragraph (a) or (b).

(1A)
For the purposes of this section a person engages in conduct falling within

this subsection”
10
Page 3, line 11, leave out from “within” to end of line 22 and insert “subsection

(1A), if matter contained in it is likely—

(a)
to be understood, by some or all of the persons to whom it is or may

become available as a consequence of that conduct, as a direct or

indirect encouragement or other inducement to them to the

commission, preparation or instigation of acts of terrorism; or

(b)
to be useful in the commission or preparation of such acts and to be

understood, by some or all of those persons, as contained in the

publication, or made available to them, wholly or mainly for the

purpose of being so useful to them.”
11
Page 3, line 23, leave out subsection (4)
12
Page 3, line 31, leave out subsection (5)
13
Page 3, line 41, leave out “the context of” and insert “relation to”
14
Page 3, line 44, at end insert—

“(6A)
In subsection (1) references to the effect of a person’s conduct in relation to

a terrorist publication include references to an effect of the publication on

one or more persons to whom it is or may become available as a

consequence of that conduct.”
15
Page 3, line 46, leave out paragraphs (a) and (b) and insert “anything mentioned in

subsections (1), (1A) and (2)”
16
Page 4, line 3, at end insert—

“( )
For the purposes of this section it is also irrelevant, in relation to matter

contained in any article whether any person—

(a)
is in fact encouraged or induced by that matter to commit, prepare

or instigate acts of terrorism; or

(b)
in fact makes use of it in the commission or preparation of such

acts.”
17
Page 4, line 4, leave out subsection (8)
18
Page 4, line 13, leave out from “proceedings” to “did” in line 23 and insert “for an

offence under this section against a person in respect of conduct to which

subsection (9A) applies, it is a defence for him to show—

(a)
that the matter by reference to which the publication in question

was a terrorist publication neither expressed his views nor had his

endorsement (whether by virtue of section 3 or otherwise); and

(b)
that it was clear, in all the circumstances of the conduct, that that

matter”

(  3  )
19
Page 4, line 25, leave out from “endorsement” to end of line 30 and insert—

“(9A)
This subsection applies to the conduct of a person to the extent that—

(a)
the publication to which his conduct related contained matter by

reference to which it was a terrorist publication by virtue of

subsection (2)(a); and

(b)
that person is not proved to have engaged in that conduct with the

intention specified in subsection (1)(a).”
Clause 3
20
Page 5, line 4, after “of” insert “, or in connection with,”
21
Page 5, line 6, leave out “2(1)(a) to (f)” and insert “2(1A)”
22
Page 5, line 17, leave out “, in the opinion of the constable giving it,”
23
Page 5, line 27, at end insert—

“(3A)
A notice under subsection (3) shall not be given unless it has been approved

by an appropriate judge.

(3B)
An appropriate judge shall not grant an application for approval under

subsection (3A) unless he is satisfied, on the evidence before him, that the

statement or the article or record is one to which subsection (1) applies.

(3C)
The Secretary of State may make regulations relating to applications made

under subsection (3A).

(3D)
Regulations made under subsection (3C)—

(a)
may provide for an application to be heard without notice to the

relevant person and in his absence;

(b)
shall provide that the relevant person and other persons having an

interest in the matter may apply to a court for the revocation of the

notice.

(3E)
The first regulations made under subsection (3C) may not be made unless

a draft of the statutory instrument containing the regulations has been laid

before and approved by a resolution of each House of Parliament.

(3F)
Other regulations made under subsection (3C) shall be made by statutory

instrument subject to annulment in pursuance of a resolution of either

House of Parliament.”
24
Page 5, line 46, leave out subsection (6)
25
Page 6, line 17, leave out “capable of being” and insert “likely to be”
26
Page 6, line 21, leave out “capable of being” and insert “likely to be”
27
Page 6, line 23, leave out “capable of being” and insert “likely to be”
28
Page 6, line 25, leave out subsection (9)
29
Page 6, line 37, at end insert—

“( )
In this section “appropriate judge” means—

(a)
in England and Wales, a circuit judge or a judge of the High Court;

(b)
in Scotland, a sheriff or a judge of the High Court of Judiciary;

(c)
in Northern Ireland, a High Court judge.”

(  4  )

Clause 6
30
Page 8, line 10, leave out “or suspects”
Clause 20
31
Page 18, leave out lines 13 and 14
32
Page 18, line 14, at end insert—

““indirect encouragement” comprises a statement describing

terrorism in such a way that the listener would infer that he should

emulate it;”
33
Page 18, line 44, leave out “of a description” and insert “illustrative of a type”
Clause 21
34
Page 19, leave out lines 29 to 44 and insert “indirectly encourage terrorism, within

the meaning of “indirect encouragement” as specified in section 1(3) of the

Terrorism Act 2006”
Clause 23
35
Page 22, line 7, after “Scotland,” insert “the Lord Advocate or”
36
Page 22, line 27, at end insert—

“( )
In paragraph 34(1) (persons who can apply for information to be withheld

from person to whom application for a warrant relates) for “officer”

substitute “person”.”
37
Page 23, line 33, leave out “Court of Session” and insert “High Court of Justiciary”
Clause 24
38
Page 24, line 35, at end insert—

“( )
In paragraph 32(2) (meaning of “relevant evidence”), for “sub-paragraph

(1)” substitute “this paragraph”.”
After Clause 24
39
Insert the following new Clause—

“Expiry or renewal of extended maximum detention period

(1)
This section applies to any time which—

(a)
is more than one year after the commencement of section 23; and

(b)
does not fall within a period in relation to which this section is

disapplied by an order under subsection (2).

(2)
The Secretary of State may by order made by statutory instrument disapply

this section in relation to any period of not more than one year beginning

with the coming into force of the order.

(3)
Schedule 8 to the Terrorism Act 2000 (c. 11) has effect in relation to any

further extension under paragraph 36 of that Schedule for a period

beginning at a time to which this section applies—

(  5  )

(a)
as if in sub-paragraph (3)(b) of that paragraph, for “28 days” there

were substituted “14 days”; and

(b)
as if that paragraph and paragraph 37 of that Schedule had effect

with the further consequential modifications set out in subsection

(4).

(4)
The further consequential modifications are—

(a)
the substitution of the words “a judicial authority” for paragraphs

(a) and (b) of sub-paragraph (1A) of paragraph 36;

(b)
the omission of sub-paragraphs (1B) and (7) of that paragraph;

(c)
the omission of the words “or senior judge” wherever occurring in

sub-paragraphs (3AA) and (5) of that paragraph and in paragraph

37(2); and

(d)
the omission of the words from “but” onwards in paragraph 36(4).

(5)
Where at a time to which this section applies—

(a)
a person is being detained by virtue of a further extension under

paragraph 36 of Schedule 8 to the Terrorism Act 2000 (c. 11),

(b)
his further detention was authorised (at a time to which this section

did not apply) for a period ending more than 14 days after the

relevant time, and

(c)
that 14 days has expired,


the person with custody of that individual must release him immediately.

(6)
The Secretary of State must not make an order containing (with or without

other provision) any provision disapplying this section in relation to any

period unless a draft of the order has been laid before Parliament and

approved by a resolution of each House.

(7)
In this section “the relevant time” has the same meaning as in paragraph 36

of Schedule 8 to the Terrorism Act 2000 (c. 11).”
Clause 27
40
Page 28, line 5, leave out “mentioned in subsection (1)(a) to (e)” and insert “falling

within subsection (1A)(a) to (e)”
Clause 32
41
Page 32, line 32, at end insert “other than an offence under section 1 or 2 of that Act”
Clause 36
42
Leave out Clause 36
Clause 39
43
Page 35, line 34, after insert “that” insert “any provisions of”
Schedule 2
44
Page 38, line 37, leave out “of” and insert “for”
45
Page 40, line 28, leave out “unjust” and insert “inappropriate”
46
Page 40, line 33, leave out “unjust” and insert “inappropriate”

(  6  )
47
Page 42, line 14, leave out “or certificate”
48
Page 42, line 15, leave out “or certificate”
49
Page 42, line 16, leave out “or certificate was made or granted” and insert “was

made”