House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th April 2008
130

Counter-Terrorism Bill, continued

‘The Prevention of Terrorism Act 2005 (c. 2) is repealed.’.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

(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).

Public Bill Committee: 29th April 2008
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Counter-Terrorism Bill, continued

(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—

(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.

Public Bill Committee: 29th April 2008
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Counter-Terrorism Bill, continued

(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.

      (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.

Public Bill Committee: 29th April 2008
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Counter-Terrorism Bill, continued

(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.

(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)—

Public Bill Committee: 29th April 2008
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Counter-Terrorism Bill, continued

(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”.’.

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.

Public Bill Committee: 29th April 2008
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Counter-Terrorism Bill, continued

      (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).

Minor and consequential amendments

9
In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting

or prosecuting”.’.

Order of the House [1st April 2008]

That the following provisions shall apply to the Counter-Terrorism Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 15th May 2008.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration and Third Reading shall be completed in two

Public Bill Committee: 29th April 2008
136

Counter-Terrorism Bill, continued

days.

5.
Proceedings on consideration (so far as not previously concluded) shall be

brought to a conclusion one hour before the moment of interruption on the

second day.

6.
Proceeedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

8.
Any other proceeeings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [22nd April 2008]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

22nd April) meet—

(a)
at 4.00 p.m. on Tuesday 22nd April;

(b)
at 9.00 a.m. and 1.00 p.m. on Thursday 24th April;

(c)
at 10.30 a.m. and 4.00 p.m. on Tuesday 29th April;

(d)
at 10.30 a.m. and 4.00 p.m. on Tuesday 6th May;

(e)
at 9.00 a.m. and 1.00 p.m. on Thursday 8th May;

(f)
at 10.30 a.m. and 4.00 p.m. on Tuesday 13th May;

(g)
at 9.00 a.m. and 1.00 p.m. on Thursday 15th May;

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

TABLE

Date
Time
Witness

Tuesday 22nd April
Until no later than 12.00 noon
Association of Chief Police

Officers; Sir Ian Blair,

Commissioner of Police of the

Metropolis

Until no later than 1.00 p.m.
JUSTICE

Tuesday 22nd April
Until no later than 4.50 p.m.
The Director of Public

Prosecutions; Crown Prosecution

Service

Until no later than 5.40 p.m.
The Rt Hon Lord Goldsmith QC

Until no later than 6.30 p.m.
Lord Dear

Until no later than 7.00 p.m.
The Rt Hon Elish Angiolini QC

WS, Lord Advocate Scotland

Thursday 24th April
Until no later than 10.25 a.m.
Liberty

Thursday 24th April
Until no later than 1.45 p.m.
Lord Carlile of Berriew QC

Until no later than 2.30 p.m.
Coroners’ Society of England and

Wales

Until no later than 4.30 p.m.
Home Office