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Public Bill Committee: 13th May 2008                  

244

 

Counter-Terrorism Bill, continued

 
 

(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.

 

(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.


 
 

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Counter-Terrorism Bill, continued

 
 

(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

 

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.”’.

 



 
 

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Counter-Terrorism Bill, continued

 
 

Proscribed organisations

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Mr Ben Wallace

 

Mr Adam Holloway

 

NC5

 

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.”’.

 


 

Discharge of notification requirements

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

NC7

 

To move the following Clause:—

 

‘(1)    

A person subject to notification requirements may apply to the court that made

 

the determination for an order discharging the person from notification.

 

(2)    

The court may only discharge the person from notification requirements if

 

satisfied that there are exceptional circumstances indicating that the person no

 

longer presents a danger to national security or to public safety.

 

(3)    

The court may not discharge the notification requirements before the end of the

 

period of five years beginning with the date on which the notification requirement

 

comes into force.’.

 


 

Plea negotiation

 

Patrick Mercer

 

Mr Douglas Hogg

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must, within 12 months of the passing of this Act, make

 

regulations which make provision for the use of plea negotiation for defendants

 

charged with terrorism offences or offences with a terrorist connection.

 

(2)    

Regulations made under subsection (1) may provide for the circumstances in

 

which defendants can mitigate their sentence by pleading guilty at trial.


 
 

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Counter-Terrorism Bill, continued

 
 

(3)    

The Secretary of State may before making regulations under subsection (1),

 

consult such organisation as she considers appropriate.’.

 


 

Provision for victims of overseas terrorism

 

Tom Brake

 

Mr David Heath

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make a scheme, to be known as the Overseas

 

Terrorism Compensation Scheme (in this section and section [compensation

 

scheme: further provision], “the Scheme”), for the purpose of making awards of

 

compensation to, or in respect of, victims of overseas terrorism.

 

(2)    

For the purposes of this section and section [compensation scheme: further

 

provision]—

 

“act of terrorism” means an act involving serious violence against a person

 

or serious damage to property, done for the purpose of advancing a

 

political, religious or ideological cause and designed to—

 

(d)    

overthrow or influence the government of the United Kingdom,

 

any other government, de jure or de facto, or an international

 

governmental organisation, or

 

(e)    

intimidate the public or a section of the public;

 

“award” means an award of compensation under the provisions of the

 

Scheme;

 

“specified” means specified by the Scheme; and

 

“victim of overseas terrorism” means a British citizen ordinarily resident in

 

the United Kingdom who has sustained injury as a direct result of an act

 

of terrorism taking place outside the United Kingdom on or after 1st

 

January 2002.

 

(3)    

The Scheme shall provide, in particular, for—

 

(a)    

the circumstances in which awards may be made, and

 

(b)    

the categories of person to whom awards may be made, which need not

 

include persons who have unreasonably entered or remained in the place

 

where the act of terrorism occurred contrary to advice issued by the

 

government of the United Kingdom.

 

(4)    

An award shall include in particular—

 

(a)    

a standard amount of compensation, determined by reference to the

 

nature of the injury;

 

(b)    

in such cases as may be specified, additional amounts of compensation

 

calculated by reference to loss of earnings, the cost of care and medical

 

treatment, the cost of accommodation, and such other kinds of loss and

 

expense as may be specified,

 

    

and in general shall be no less than would be awarded, had the act of terrorism

 

taken place in the part of the United Kingdom where the injured person is

 

ordinarily resident, under a scheme for compensation for criminal injuries for the

 

time being in force.

 

(5)    

Provision shall be made, in calculating the amount of an award, for taking into

 

account, in such cases and in such manner as may be specified, specified

 

compensation, benefits or other sums payable to the injured person, or (in a case


 
 

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Counter-Terrorism Bill, continued

 
 

of fatal injuries) to the person entitled to an award in respect of the injured person,

 

including—

 

(a)    

compensation receivable pursuant to the provisions of a specified scheme

 

applicable in the place where the injury took place;

 

(b)    

specified benefits payable, whether or not out of public funds and in the

 

United Kingdom or elsewhere;

 

(c)    

compensation payable as a result of a claim which has been, or could

 

reasonably be, made in legal proceedings against a person responsible for

 

the injury;

 

(d)    

sums payable in respect of the injury (and any consequential loss) under

 

a policy of insurance of a specified kind issued to, or for the benefit of,

 

the injured person.’.

 


 

Compensation scheme: further provision

 

Tom Brake

 

Mr David Heath

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Scheme shall be made by statutory instrument subject to affirmative

 

resolution procedure.

 

(2)    

The Scheme must make provision for—

 

(a)    

determination, review and appeal procedures;

 

(b)    

interim payments.

 

(3)    

The Scheme may make provision, among other things, for—

 

(a)    

standard amounts of compensation in specified cases;

 

(b)    

maximum limits on the amount of awards,

 

    

and may include supplemental and transitional provision.

 

(4)    

Sums required for payment of compensation in accordance with the scheme, and

 

any expenses incurred in connection with the scheme, may (but need not) be

 

provided out of money provided by Parliament.’.

 


 

Proscribed organisations (No. 2)

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

NC11

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

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

 

(2)    

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


 
 

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Counter-Terrorism Bill, continued

 
 

“(e)    

has been involved in support or acts of terrorism and has not

 

unequivocally renounced support of terrorism.”.’.

 


 

Intercept evidence: regulations

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

NC12

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State must, by 31st July 2010, make regulations which make

 

provision for the use of “intercept evidence” and “metering evidence” in criminal

 

proceedings.

 

(2)    

The regulations made under subsection (1) shall be made by statutory instrument

 

which are subject to the affirmative resolution procedure.’.

 


 

Applications for inquests to be held without a jury

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Mr Douglas Hogg

 

NC13

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In section 8 of the Coroners Act 1988 (c. 13) (duty to hold inquest), after

 

subsection (7) insert—

 

“(8)    

This section is subject to section 8A (applications for inquests to be held

 

without a jury).”.

 

(2)    

After that section insert—

 

“8A    

Certificate requiring inquest to be held without a jury

 

(1)    

The Secretary of State may apply to the Lord Chief Justice for an inquest

 

to be held without a jury if it is—

 

(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)    

The Lord Chief Justice may grant an application made under subsection

 

(1) if he is satisfied that any of paragraphs (a) to (c) apply.

 

(3)    

Where an application under subsection (2) has been granted, the inquest

 

must be held without a jury, so that—

 

(a)    

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

 

a jury, and


 
 

Public Bill Committee: 13th May 2008                  

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Counter-Terrorism Bill, continued

 
 

(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—

 

(a)    

the power under subsection (1) or (4) of section 8 to hold the

 

inquest or part of the inquest with a jury, and

 

(b)    

the duty under subsection (3) of that section to hold the inquest

 

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

 

(5)    

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.”.

 

(3)    

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.’.

 


 

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).

 

      (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—


 
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