House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

217

House of Commons

Notices of Amendments

given on

Thursday 8th May 2008

For other Amendment(s) see the following page(s):

Counter-Terrorism Bill Committee 188-215

Public Bill Committee

Counter-Terrorism Bill

Mr Dominic Grieve

Mr Crispin Blunt

207

Clause  57,  page  40,  line  29,  leave out paragraph (b).

Mr Dominic Grieve

Mr Crispin Blunt

208

Clause  57,  page  40,  line  33,  leave out paragraph (a).

Mr Dominic Grieve

Mr Crispin Blunt

209

Clause  62,  page  44,  line  1,  leave out subsection (3).

Mr Dominic Grieve

Mr Crispin Blunt

210

Clause  65,  page  46,  line  14,  leave out paragraph (b).

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.

Notices of Amendments: 8th May 2008
218

Counter-Terrorism Bill, continued

(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.’.

Mr Dominic Grieve

Mr Crispin Blunt

211

Schedule  5,  page  77,  line  33,  leave out sub-paragraph (3) and insert—

    ‘(3)
The second condition is that the court making the order is satisfied to the

criminal standard that, since being dealt with for the offence by virtue of which

those requirements apply, the person has acted in a way that gives reasonable

cause to believe it is necessary to make a foreign travel restriction order to

prevent the person from taking part in terrorism activity outside the United

Kingdom.’.

Mr Dominic Grieve

Mr Crispin Blunt

212

Schedule  5,  page  77,  line  37,  at end insert—

  ‘(3A)
The third condition is that the making of a foreign travel restriction order will

not breach any right of free movement within the Treaty on European Union

or Directive 2004/38/EC of the European Union or subsequent instrument.’.

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.

(3)
The Secretary of State may before making regulations under subsection (1),

consult such organisation as she considers appropriate.’.

Mr Douglas Hogg

213

Clause  57,  page  40,  line  27,  at end insert—

‘(c)
the need to ensure that the manner in which the proceedings are

conducted is fair to every party to the proceedings.’.

Mr Douglas Hogg

214

Clause  57,  page  40,  line  32,  leave out subsection (4).

Notices of Amendments: 8th May 2008
219

Counter-Terrorism Bill, continued

Mr Douglas Hogg

215

Clause  58,  page  41,  line  19,  after ‘that’, insert ‘provided that the person appointed

as the special advocate is present at the consideration of the application,’.

Mr Douglas Hogg

216

Clause  58,  page  41,  line  23,  after ‘interest’, insert ‘and that the withholding of the

material would not cause injustice to a party to the proceeding,’.

Mr Douglas Hogg

217

Clause  58,  page  41,  line  30,  after ‘interest’, insert ‘and is sufficient to ensure that

the conduct of the proceedings will be fair to all parties to those proceedings.’.

Mr Douglas Hogg

218

Clause  59,  page  42,  line  18,  after ‘excluded’, insert ‘including the consideration of

the application referred to in section 58(3)(a)’.

Mr Douglas Hogg

219

Clause  64,  page  45,  line  13,  at end insert—

‘(2A)
A certificate may not be issued unless the Secretary of State has obtained prior

written approval from the Lord Chief Justice of England and Wales certifying that

in his opinion the issue of the certificate would satisfy the requirements of section

1 (appointment of coroners).’.

Mr Douglas Hogg

220

Clause  65,  page  46,  line  7,  after ‘inquest’, insert ‘provided that such a person has

been specifically approved for the purpose by the Lord Chief Justice of England and

Wales’.

Mr Douglas Hogg

221

Clause  65,  page  47,  line  23,  after ‘State’, insert ‘, with the consent of the Lord

Chief Justice of England and Wales,’.

Mr Douglas Hogg

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

223

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

Mr Douglas Hogg

224

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

Notices of Amendments: 8th May 2008
220

Counter-Terrorism Bill, continued

‘(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

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

House of Parliament.’.

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—

(a)
overthrow or influence the government of the United Kingdom,

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

governmental organisation, or

(b)
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

Notices of Amendments: 8th May 2008
221

Counter-Terrorism Bill, continued

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

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.’.

Mr Douglas Hogg

225

Clause  58,  page  41,  line  25,  leave out ‘consider requiring’ and insert ‘require’.

Mr Douglas Hogg

226

Clause  58,  page  41,  line  30,  at end insert—

‘(f)
material which supports the case of a party to the proceedings may not be

withheld from a party to the proceedings or from that party’s legal

representative and material which adversely affects the Treasury’s case

may not be withheld from any party to the proceedings or their legal

representative.’.

Notices of Amendments: 8th May 2008
222

Counter-Terrorism Bill, continued

Mr Douglas Hogg

227

Clause  59,  page  42,  line  12,  leave out ‘may’ and insert ‘shall’.

Mr Dominic Grieve

Mr Crispin Blunt

228

Clause  65,  page  47,  line  13,  leave out subsection (5) and insert—

‘(5)
Any such statutory instrument shall be subject to an affirmative resolution of both

Houses of Parliament.’.

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).