House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24th April 2008
69

Counter-Terrorism Bill, continued

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.’.

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”.’.

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).

Public Bill Committee: 24th April 2008
70

Counter-Terrorism Bill, continued

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‘The Prevention of Terrorism Act 2005 (c. 2) is repealed.’.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

(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;

Public Bill Committee: 24th April 2008
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Counter-Terrorism Bill, continued

(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.

(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—

Public Bill Committee: 24th April 2008
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Counter-Terrorism Bill, continued

(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.”’.

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.

Public Bill Committee: 24th April 2008
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Counter-Terrorism Bill, continued

      (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—

(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;

Public Bill Committee: 24th April 2008
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Counter-Terrorism Bill, continued

(c)
the Secret Intelligence Service.

(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”.’.

Public Bill Committee: 24th April 2008
75

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

NS1

To move the following Schedule:—

‘Intercept evidence

Admissibility of intercept and metering evidence

6    (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

7
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

8
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).