Public Bill Committee: 13th May 2008

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Counter-Terrorism Bill, continued

Mr Tony McNulty

165

Clause  69,  page  50,  line  12,  at end insert—

‘( )	After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in

Schedule (Offences relating to information about members of armed forces:

supplementary provisions) to this Act.’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

198

Clause  69,  page  50,  line  12,  at end add—

‘(4)	In section 58 of the Terrorism Act 2000 (c.11) (collection of information) in

subsection (1) for “of a kind likely to be” substitute “with the intention that it is”’.

Mr Dominic Grieve

Mr Crispin Blunt

229

Clause  72,  page  52,  line  22,  leave out subsection (2).

Mr Dominic Grieve

Mr Crispin Blunt

230

Clause  74,  page  53,  line  15,  leave out subsection (4).

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

199

Clause  77,  page  55,  line  7,  after second ‘the’ insert ‘national security of the’.

Tom Brake

Mr David Heath

45

Clause  77,  page  55,  line  17,  after ‘State’, insert ‘or a police authority’.

Public Bill Committee: 13th May 2008

238

Counter-Terrorism Bill, continued

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

200

Clause  77,  page  55,  line  17,  leave out ‘in or around’ and insert ‘within a one mile

radius of’.

Tom Brake

Mr David Heath

46

Clause  77,  page  55,  line  18,  at end insert—

‘(3A)

In this section “gas” means a hydrocarbon normally in a gaseous form and

intended for use as a fuel.’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

201

Clause  78,  page  56,  line  2,  leave out ‘in or around’ and insert ‘within a one mile

radius of’.

Tom Brake

Mr David Heath

47

Clause  78,  page  56,  line  6,  at end insert—

‘(4A)

In this section “gas” means a hydrocarbon normally in a gaseous form and

intended for use as a fuel.’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

202

Clause  79,  page  56,  line  19,  leave out ‘negative resolution procedure’ and insert

‘affirmative procedure’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

203

Clause  80,  page  56,  leave out lines 38 to 40.

Public Bill Committee: 13th May 2008

239

Counter-Terrorism Bill, continued

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

204

Clause  80,  page  57,  line  1,  leave out paragraph (a).

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

205

Clause  81,  page  57,  line  22,  leave out ‘28 days’ and insert ‘6 months’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

206

Clause  81,  page  57,  line  26,  leave out subsection (3).

Mr Tony McNulty

77

Schedule  6,  page  82,  line  26,  at end insert—

	‘Terrorism Act 2000 (c. 11)	In Schedule 8, in paragraph
		29(4)(a) and (c), the words “after
		consulting the Lord Chancellor”.’.

Mr Tony McNulty

78

Schedule  6,  page  83,  column 2, leave out lines 6 and 7 and insert—

‘Regulation 45E(3) and (4).

In Regulation 109—

(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.

In Regulation 115(2), “45E(3),”.’.

Mr Tony McNulty

79

Schedule  6,  page  83,  column 2, leave out lines 10 and 11 and insert—

‘Regulation 45D(3) and (4).

In Regulation 108—

(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.

In Regulation 115(2), “45D(3),”.’.

Public Bill Committee: 13th May 2008

240

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

49

Schedule  6,  page  83,  column 2, leave out lines 26 to 35 and insert ‘the whole Act’.

Tom Brake

Mr David Heath

20

Clause  90,  page  59,  line  33,  at end insert—

‘( )	The provisions of Part 2 (detention and questioning of terrorist suspects) come

into force—

(a)	in England and Wales on the day after the revised codes of practice under

section 23(4) have effect, and

(b)	in Northern Ireland on the day after the revised codes of practice under

section 25(3) have effect.’.

Mr Douglas Hogg

Mr Dominic Grieve

Mr Crispin Blunt

222

Clause  90,  page  59,  line  34,  leave out from ‘proceedings)’ until end of subsection

and insert ‘shall not come into effect until the rules of court have been approved by a

resolution of each House of Parliament as provided for in section 62(4).’.

Mr Douglas Hogg

Mr Dominic Grieve

Mr Crispin Blunt

223

Clause  90,  page  60,  line  4,  at end insert ‘subject to subsections (7) and (8).’.

Mr Douglas Hogg

Mr Dominic Grieve

Mr Crispin Blunt

224

Clause  90,  page  60,  line  7,  at end add—

‘(7)	Section 22 (period of pre-charge detention) and Schedule 1 (amendments relating

to period of pre-charge detention), shall not come into effect until codes of

practice under section 66 of the Police and Criminal Evidence Act 1984

regulating such detention shall have been approved by a resolution of each House

of Parliament.

(8)	Section 23 (period of post charge questioning) shall not come into effect until the

codes of practice under section 66 of the Police and Criminal Evidence Act 1984

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Counter-Terrorism Bill, continued

and referred to in section 23(4) shall have been approved by a resolution of each

House of Parliament.’.

New Clauses

Pre-charge detention: minor amendments

Mr Tony McNulty

NC4

To move the following Clause:—

‘(1)	In paragraph 9 of Schedule 8 to the Terrorism Act 2000 (direction that detained

person may consult solicitor only within sight and hearing of qualified officer),

for sub-paragraph (3) (grounds on which direction may be given) substitute—

“(3)	A direction under this paragraph may be given only if the officer

giving it has reasonable grounds for believing—

(a)	that, unless the direction is given, the exercise of the right by

the detained person will have any of the consequences

specified in paragraph 8(4), or

(b)	that the detained person has benefited from his criminal

conduct and that, unless the direction is given, the exercise of

the right by the detained person will hinder the recovery of the

value of the property constituting the benefit.”.

(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

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,

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Counter-Terrorism Bill, continued

(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

(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.’.

Public Bill Committee: 13th May 2008

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Counter-Terrorism Bill, continued

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.’.

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

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Revised 13 May 2008