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(2)    

In paragraph 29(4) of that Schedule (meaning of “judicial authority”), in

 

paragraphs (a) and (c) omit “after consulting the Lord Chancellor”.’.

 


 

Certificate requiring inquest to be held without a jury: Northern Ireland

 

Mr Tony McNulty

 

NC6

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In section 13(1) of the Coroners Act (Northern Ireland) 1959 (c. 15) (power of

 

coroner to hold inquest) after “sub-section (2)” insert “and section 18A”.

 

(2)    

In section 18 of that Act (requirement to summon jury in certain cases) after

 

subsection (4) insert—

 

“(5)    

This section is subject to section 18A (certificate requiring inquest to be

 

held without a jury).”.

 

(3)    

After that section insert—

 

“18A  

Certificate requiring inquest to be held without a jury

 

(1)    

The Secretary of State may certify in relation to an inquest that, in the

 

opinion of the Secretary of State, the inquest will involve the

 

consideration of material that should not be made public—

 

(a)    

in the interests of national security,

 

(b)    

in the interests of the relationship between the United Kingdom

 

and another country, or

 

(c)    

otherwise in the public interest.

 

(2)    

A certificate may be issued—

 

(a)    

in relation to an inquest that has not begun, or

 

(b)    

in relation to an inquest that has begun, at any time before its

 

conclusion.

 

(3)    

Where a certificate has effect in relation to an inquest, the inquest must

 

be held or (as the case may be) continued without a jury, so that—

 

(a)    

if a jury has not been summoned, the coroner must not cause a

 

jury to be summoned, and

 

(b)    

if a jury has been summoned, the coroner must discharge the

 

jury.

 

(4)    

Accordingly, the following do not apply in relation to the inquest whilst

 

the certificate has effect—

 

(a)    

the power under subsection (1) of section 13 or subsection (2) of

 

section 18 to hold the inquest or part of the inquest with a jury,

 

and

 

(b)    

the duty under subsection (1) of section 18 to hold the inquest

 

with a jury in the circumstances set out in that subsection.

 

(5)    

A certificate has effect in relation to an inquest until it is revoked by the

 

Secretary of State; and the Secretary of State may revoke a certificate in

 

respect of an inquest—

 

(a)    

before it has begun, or


 
 

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Counter-Terrorism Bill, continued

 
 

(b)    

after it has begun, at any time before its conclusion.

 

(6)    

Where a certificate issued in relation to an inquest is revoked—

 

(a)    

if subsection (1) of section 18 applies in relation to the inquest,

 

the coroner must cause a jury to be summoned in accordance

 

with that subsection, and

 

(b)    

otherwise, if it appears to the coroner that it is desirable to

 

summon a jury, the coroner may cause a jury to be summoned in

 

accordance with that subsection.

 

(7)    

If a jury is summoned—

 

(a)    

the coroner must proceed in all respects as if the inquest had not

 

previously begun, and

 

(b)    

the provisions of this Act apply accordingly as if that were the

 

case.”.

 

(4)    

This section has effect in relation to inquests that have begun, but have not been

 

concluded, before the day on which it comes into force as well as to inquests

 

beginning on or after that day.’.

 


 

Offences related to terrorism: evidence

 

Tom Brake

 

Mr David Heath

 

NC1

 

To move the following Clause:—

 

‘(1)    

In considering whether a person is involved in terrorism, the Court may take

 

account of any evidence admissible under the Regulation of Investigatory Powers

 

Act 2000 (c. 23).

 

(2)    

Schedule [Intercept evidence] (which makes provision for the admissibility of

 

intercept evidence in cases involving terrorism) has effect.’.

 


 

Repeal of Prevention of Terrorism Act 2005

 

Tom Brake

 

Mr David Heath

 

NC2

 

To move the following Clause:—

 

‘The Prevention of Terrorism Act 2005 (c. 2) is repealed.’.

 



 
 

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Power of court to make control orders

 

Tom Brake

 

Mr David Heath

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Prevention of Terrorism Act 2005 (c. 2) is amended as follows.

 

(2)    

For section 3 substitute—

 

         

“Power of court to make control orders

 

(1)    

On an application to the court by the Secretary of State for the making of

 

a control order against an individual, it shall be the duty of the court—

 

(a)    

to hold an immediate preliminary hearing to determine whether

 

to make a control order imposing obligations against that

 

individual; and

 

(b)    

if it does make such an order against that individual, to give

 

directions for the holding of a full hearing to determine whether

 

to confirm the order (with or without modifications).

 

(2)    

The preliminary hearing under paragraph (a) of subsection (1) may be

 

held—

 

(a)    

in the absence of the individual in question;

 

(b)    

without his having had notice of the application for the order; and

 

(c)    

without his having been given an opportunity (if he was aware of

 

the application) of making any representations to the court; but

 

this subsection is not to be construed as limiting the matters

 

about which rules of court may be made in relation to that

 

hearing.

 

(3)    

At the preliminary hearing, the court may make a control order against

 

the individual in question if it appears to the court—

 

(a)    

that there is material which (if not disproved) is capable of being

 

relied on by the court as establishing that the individual is or has

 

been involved in terrorism-related activity;

 

(b)    

that there are reasonable grounds for believing that the

 

imposition of obligations on that individual is necessary for

 

purposes connected with protecting members of the public from

 

a risk of terrorism.

 

(4)    

The obligations that may be imposed by a control order in the period

 

between—

 

(a)    

the time when the order is made; and

 

(b)    

the time when a final determination is made by the court whether

 

to confirm it;

 

include any obligations which the court has reasonable grounds for

 

considering are necessary as mentioned in section 1(1C).

 

(5)    

At the full hearing held under paragraph (b) of subsection (1), the court

 

may—

 

(a)    

confirm the control order made by the court; or

 

(b)    

revoke the order;

 

and where the court revokes the order, it may (if it thinks fit) direct that

 

this Act is to have effect as if the order had been quashed.


 
 

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(6)    

In confirming a control order, the court—

 

(a)    

may modify the obligations imposed by the order; and

 

(b)    

where a modification made by the court removed an obligation,

 

may (if it thinks fit) direct that this Act is to have effect as if the

 

removed obligation has been quashed.

 

(7)    

At the full hearing, the court may confirm the control order (with or

 

without modifications) only if—

 

(a)    

it is satisfied, on the balance of probabilities, that the controlled

 

person is an individual who is or has been involved in terrorism-

 

related activity;

 

(b)    

it considers that the imposition of obligations on the controlled

 

person is necessary for purposes connected with protecting

 

members of the public from a risk of terrorism; and

 

(c)    

it has been informed by the Director of Public Prosecutions that

 

there is no reasonable prospect of a successful prosecution of the

 

individual for the terrorism-related activity.

 

(8)    

A control order ceases to have effect at the end of a period of 6 months

 

beginning with the day on which it is made unless—

 

(a)    

it is previously revoked (whether at the hearing under subsection

 

(1)(b) or otherwise under this Act);

 

(b)    

it ceases to have effect under section 4; or

 

(c)    

it is renewed.

 

(9)    

The court, on an application by the Secretary of State, may renew a

 

control order (with or without modifications) for a period of 6 months

 

from whichever is the earlier of—

 

(a)    

the time when the order would otherwise have ceased to have

 

effect; and

 

(b)    

the beginning of the seventh day after the date of renewal.

 

(10)    

The power of the court to renew a control order is exercisable on as many

 

occasions as the court thinks fit; but, on each occasion, it is exercisable

 

only if—

 

(a)    

the court considers that it is necessary, for the purposes

 

connected with protecting members of the public from a risk of

 

terrorism, for a control order to continue in force against the

 

controlled person;

 

(b)    

the court considers that the obligations to be imposed by the

 

renewed order are necessary for the purposes connected with

 

preventing or restricting involvement by that person in terrorism-

 

related activity; and

 

(c)    

the court has been informed by the Director of Public

 

Prosecutions that there is no reasonable prospect of a successful

 

prosecution of the individual for the terrorism-related activity.

 

(11)    

Where, on an application for the renewal of a control order, it appears to

 

the court—

 

(a)    

that the proceedings on the applications are unlikely to be

 

completed before the time when the order is due to cease to have

 

effect if not renewed, and

 

(b)    

that is not attributable to an unreasonable delay on the part of the

 

Secretary of State in the making or conduct of the application,

 

the court may (on one or more occasions) extend the period for


 
 

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Counter-Terrorism Bill, continued

 
 

which the order is to remain in force for the purpose of keeping

 

it in force until the conclusion of the proceedings.

 

(12)    

Where the court exercises its power under subsection (11) and

 

subsequently renews the control order in question, the period of any

 

renewal still runs from the time when the order would have ceased to

 

have effect apart from that subsection.

 

(13)    

It shall be immaterial, for the purposes of determining what obligations

 

may be imposed by a control order made by the court, whether the

 

involvement in terrorism-related activity to be prevented or restricted by

 

the obligations is connected with matters in relation to which the

 

requirements of paragraph (a) of subsection (3) or paragraph (a) of

 

subsection (7) were satisfied.”’.

 


 

Proscribed organisations

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Mr Ben Wallace

 

Mr Adam Holloway

 

NC5

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

Section 3 of the Terrorism Act 2000 (c. 11) (proscription) is amended as follows.

 

(2)    

In subsection (5) after paragraph (d) insert—

 

“(e)    

has been involved in support or acts of terrorism.”’.

 


 

New Schedules

 

Mr Tony McNulty

 

NS2

 

To move the following Schedule:—

 

‘DISCLOSURE AND THE INTELLIGENCE SERVICES: CONSEQUENTIAL

 

AMENDMENTS

 

Anti-terrorism, Crime and Security Act 2001 (c. 24)

 

1          

In section 19(2) of the Anti-terrorism, Crime and Security Act 2001

 

(disclosure of information held by revenue departments), omit paragraph (a).

 

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

 

2    (1)  

The Representation of the People (England and Wales) Regulations 2001 are

 

amended as follows.

 

      (2)  

In regulation 45E (supply of record of anonymous entries to the security

 

services), omit paragraphs (3) and (4).


 
 

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      (3)  

In regulation 102(6) (supply of full register: general restrictions on use), for

 

“regulations 103 to 109” substitute “regulations 103 to 108 or 109”.

 

      (4)  

After regulation 108 insert—

 

“108A

 Supply of full register etc to the security services

 

(1)    

This regulation applies to—

 

(a)    

the Security Service;

 

(b)    

the Government Communications Headquarters;

 

(c)    

the Secret Intelligence Service.

 

(2)    

For the purposes of regulation 102(1) above the relevant part of the

 

documents listed in that provision is the whole of them.”.

 

      (5)  

In regulation 109 (supply of full register etc to police force and other agencies

 

and restrictions on use), omit—

 

(a)    

paragraph (1)(g) to (i);

 

(b)    

in paragraph (4)(a), the words preceding paragraph (i);

 

(c)    

paragraph (4)(b) and the word “and” immediately preceding it.

 

      (6)  

In regulation 113 (sale of full register to government departments and other

 

bodies)—

 

(a)    

in the closing words of paragraph (1), after “other than” insert “a

 

department to which regulation 108A applies or”;

 

(b)    

in paragraph (3) for “regulation 109(1)(g) to (i),” substitute

 

“regulation 108A”.

 

      (7)  

In regulation 115(2) (offences) omit “45E(3),”.

 

      (8)  

For regulation 118(8) (provision of copies of documents open to public

 

inspection) substitute insert—

 

“(8)    

The relevant registration officer shall, on request, supply free of

 

charge copies of any documents open to public inspection—

 

(a)    

to each of the departments mentioned in regulation 108A;

 

(b)    

to a person who has inspected those documents and who is

 

entitled to be supplied with a copy of the marked register or

 

lists by virtue of being a person to whom regulation 109

 

applies.”.

 

      (9)  

In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”.

 

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

 

3    (1)  

The Representation of the People (Scotland) Regulations 2001 are amended as

 

follows.

 

      (2)  

In regulation 45D (supply of record of anonymous entries to the security

 

services), omit paragraphs (3) and (4).

 

      (3)  

In regulation 101(6) (supply of full register: general restrictions on use), for

 

“regulations 102 to 108” substitute “regulations 102 to 107 or 108”.

 

      (4)  

After regulation 107 insert—

 

“107A

 Supply of full register etc to the security services

 

(1)    

This regulation applies to—

 

(a)    

the Security Service;

 

(b)    

the Government Communications Headquarters;

 

(c)    

the Secret Intelligence Service.


 
 

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Counter-Terrorism Bill, continued

 
 

(2)    

For the purposes of regulation 101(1) above the relevant part of the

 

documents listed in that provision is the whole of them.”.

 

      (5)  

In regulation 108 (supply of full register etc to police force and other agencies

 

and restrictions on use), omit—

 

(a)    

paragraph (1)(g) to (i);

 

(b)    

in paragraph (4)(a), the words preceding paragraph (i);

 

(c)    

paragraph (4)(b) and the word “and” immediately preceding it.

 

      (6)  

In regulation 112 (sale of full register to government departments and other

 

bodies)—

 

(a)    

in the closing words of paragraph (1), after “other than” insert “a

 

department to which regulation 107A applies or”;

 

(b)    

in paragraph (3) for “regulation 108(1)(g) to (i),” substitute

 

“regulation 107A”.

 

      (7)  

In regulation 115(2) (offences) omit “45D(3),”.

 

      (8)  

For regulation 118(8) (provision of copies of documents open to public

 

inspection) substitute insert—

 

“(8)    

The relevant registration officer shall, on request, supply free of

 

charge copies of any documents open to public inspection—

 

(a)    

to each of the departments mentioned in regulation 107A;

 

(b)    

to a person who has inspected those documents and who is

 

entitled to be supplied with a copy of the marked register or

 

lists by virtue of being a person to whom regulation 108

 

applies.”.

 

      (9)  

In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”.

 

Immigration, Asylum and Nationality Act 2006 (c. 13)

 

4          

In the Immigration, Asylum and Nationality Act 2006, omit section 38

 

(disclosure of information for security purposes).

 

Statistics and Registration Service Act 2007 (c.18)

 

5          

In the Statistics and Registration Service Act 2007, omit—

 

(a)    

section 39(4)(g) (permitted disclosure of personal information:

 

disclosure to an Intelligence Service); and

 

(b)    

in section 67 (general interpretation), the definition of “Intelligence

 

Service”.’.

 


 

Mr Tony McNulty

 

NS3

 

To move the following Schedule:—

 

‘Offences relating to information about members of armed forces:

 

supplementary provisions

 

            

The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000

 

(c. 11)—


 
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