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Public Bill Committee: 22nd April 2008                  

38

 

Counter-Terrorism Bill, continued

 
 

Tom Brake

 

Mr David Heath

 

38

 

Clause  42,  page  31,  leave out lines 14 to 19.

 

Tom Brake

 

Mr David Heath

 

36

 

Clause  42,  page  31,  leave out lines 27 to 32.

 

Tom Brake

 

Mr David Heath

 

34

 

Clause  42,  page  31,  leave out lines 38 to 40.

 


 

Tom Brake

 

Mr David Heath

 

39

 

Clause  51,  page  36,  line  8,  leave out ‘an indefinite period’ and insert ‘five years’.

 

Tom Brake

 

Mr David Heath

 

40

 

Clause  51,  page  36,  line  44,  at end insert—

 

‘(1A)    

Notification requirements in relation to offences under subsection (1) may be

 

renewed on one or more occasions if it is considered necessary for purposes

 

connected with protecting members of the public from a risk of terrorism, for the

 

notification requirements to continue in force.’.

 

Tom Brake

 

Mr David Heath

 

41

 

Clause  51,  page  36,  line  45,  leave out ‘10’ and insert ‘5’.

 

Tom Brake

 

Mr David Heath

 

42

 

Clause  51,  page  36,  line  46,  at end insert—

 

‘(2A)    

Notification requirements in relation to offences under subsection (2) may be

 

renewed on one occasion if it is considered necessary for purposes connected

 

with protecting members of the public from a risk of terrorism, for the notification

 

requirements to continue in force.’.

 

Tom Brake

 

Mr David Heath

 

43

 

Clause  51,  page  37,  line  3,  leave out subsection (4).

 



 
 

Public Bill Committee: 22nd April 2008                  

39

 

Counter-Terrorism Bill, continued

 
 

Tom Brake

 

Mr David Heath

 

48

 

Schedule  4,  page  75,  line  25,  at end insert ‘and

 

(c)    

the court exercising jurisdiction under that law has not, in respect of the

 

corresponding foreign offence, relied on evidence or information

 

obtained through torture, duress or other means that would render such

 

evidence or information inadmissible in a court in the United Kingdom.’.

 


 

Tom Brake

 

Mr David Heath

 

32

 

Clause  64,  page  45,  line  7,  leave out paragraphs (b) and (c).

 

Tom Brake

 

Mr David Heath

 

29

 

Page  44,  line  35,  leave out Clause 64.

 


 

Tom Brake

 

Mr David Heath

 

30

 

Page  46,  line  1,  leave out Clause 65.

 


 

Tom Brake

 

Mr David Heath

 

31

 

Page  48,  line  16,  leave out Clause 67.

 


 

Tom Brake

 

Mr David Heath

 

44

 

Clause  69,  page  49,  line  34,  at end insert ‘and

 

(c)    

intends that the information should be useful to a person committing or

 

preparing an act of terrorism.’.

 



 
 

Public Bill Committee: 22nd April 2008                  

40

 

Counter-Terrorism Bill, continued

 
 

Tom Brake

 

Mr David Heath

 

45

 

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

 

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.’.

 


 

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.’.

 


 

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.’.

 



 
 

Public Bill Committee: 22nd April 2008                  

41

 

Counter-Terrorism Bill, continued

 
 

New Clauses

 

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—


 
 

Public Bill Committee: 22nd April 2008                  

42

 

Counter-Terrorism Bill, continued

 
 

(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.

 

(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);


 
 

Public Bill Committee: 22nd April 2008                  

43

 

Counter-Terrorism Bill, continued

 
 

(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

 

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.”’.

 



 
 

Public Bill Committee: 22nd April 2008                  

44

 

Counter-Terrorism Bill, continued

 
 

New Schedule

 

Tom Brake

 

Mr David Heath

 

NS1

 

To move the following Schedule:—

 

‘Intercept evidence

 

 

Admissibility of intercept and metering evidence

 

1    (1)  

Notwithstanding section 17 of the Regulation of Investigatory Powers Act

 

2000 (c. 23) (“RIPA”), evidence of—

 

(a)    

the contents of an intercepted communication (“intercept evidence”),

 

and

 

(b)    

communications data (“metering evidence”),

 

            

shall be admissible in criminal proceedings to which this paragraph applies.

 

      (2)  

This paragraph applies to—

 

(a)    

proceedings in respect of serious crime, and

 

(b)    

proceedings in respect of an offence or offences relating to terrorism.

 

      (3)  

An application for permission to introduce intercept evidence or metering

 

evidence, or both, may be made by the prosecution for the purpose of

 

conducting a criminal prosecution to which this paragraph applies, and not

 

otherwise.

 

      (4)  

Unless and until an application has been made by the prosecution in any such

 

proceedings the provisions of section 17 of RIPA (exclusion of matters from

 

legal proceedings) shall continue to apply in connection with those

 

proceedings.

 

 

Considerations for allowing intercept or metering evidence

 

2          

In deciding whether to admit intercept or metering evidence the court shall take

 

account of all relevant considerations, including in particular—

 

(a)    

any application by the Secretary of State to withhold the evidence or

 

part of the evidence on the ground that its disclosure, or the disclosure

 

of facts relating to the obtaining of the evidence, would be contrary to

 

the public interest, and

 

(b)    

any submission that the evidence was obtained unlawfully.

 

 

Interpretation

 

3          

In this Schedule—

 

“communications data” has the same meaning as in section 21(4) of RIPA;

 

“intercepted communication” has the same meaning as in section 4 of

 

RIPA;

 

“RIPA” means the Regulation of Investigatory Powers Act 2000 (c. 23);

 

“serious crime” has the same meaning as in section 81(2)(b) of RIPA;

 

“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).


 
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