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| | | | “except where to do so would be incompatible with the right of the |
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| | | controlled person to a fair hearing”. |
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| | | (2) | At the end of paragraph 4(2)(a) of the Schedule to the Prevention of Terrorism |
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| | | Act 2005 there is inserted— |
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| | | | “except where to do so would be incompatible with the right of the |
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| | | controlled person to a fair hearing”. |
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| | | (3) | At the end of paragraph 4(3)(d) of the Schedule to the Prevention of Terrorism |
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| | | Act 2005 there is inserted— |
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| | | | “except where to do so would be incompatible with the right of the |
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| | | controlled person to a fair hearing”. |
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| | | (4) | After paragraph 4(5) in the Schedule to the Prevention of Terrorism Act 2005 |
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| | | |
| | | “(6) | Nothing in this paragraph, or in rules of court made under it, is to be read |
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| | | as requiring the court to act in a manner inconsistent with the right to a |
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| | | fair hearing in Article 6 of the European Convention on Human Rights.”’. |
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| | | Control orders: obligation to give reasons |
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| | To move the following Clause:— |
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| | | ‘(1) | After subsection (4) of section 2 of the Prevention of Terrorism Act 2005 there is |
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| | | |
| | | “(4A) | A non-derogating control order must contain as full as possible an |
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| | | explanation of why the Secretary of State considers that the grounds in |
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| | | section 2(1) above are made out.”’. |
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| | | Control orders: obligation to provide gist of closed material |
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| | | |
| | To move the following Clause:— |
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| | | ‘(1) | At the end of paragraph 4(3)(e) of the Schedule to the Prevention of Terrorism |
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| | | Act 2005 there is inserted— |
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| | | | “and must require the Secretary of State to provide a summary of any |
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| | | material on which he intends to rely and on which fairness requires the |
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| | | controlled person to have an opportunity to comment.”’. |
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| | | Control orders: communications between special advocate and controlled person |
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| | | |
| | To move the following Clause:— |
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| | | ‘After sub-paragraph 7(5) in the Schedule to the Prevention of Terrorism Act |
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| | | |
| | | “(5A) | Rules of court must secure that persons appointed under this paragraph |
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| | | may apply to a High Court judge, without notice to the Secretary of State, |
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| | | for permission to communicate with the controlled person after the |
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| | | service of closed material.”’. |
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| | | Control orders: proportionality of procedural protection |
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| | |
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| | | |
| | To move the following Clause:— |
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| | | ‘After subsection 3(11) of the Prevention of Terrorism Act 2005 there is |
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| | | |
| | | “(11A) | In a hearing to determine whether the Secretary of State’s decision is |
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| | | flawed, the controlled person is entitled to such measure of procedural |
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| | | protection as is commensurate with the gravity of the potential |
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| | | consequences of the order for the controlled person.”’. |
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| | | Control orders: power of special advocates to call expert witnesses |
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| | |
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| | |
| | | |
| | To move the following Clause:— |
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| | | ‘After paragraph 4(3)(e) of the Schedule to the Prevention of Terrorism Act 2005 |
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| | | |
| | | “(ea) | that, where permission is given by the relevant court not to |
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| | | disclose material, persons appointed under paragraph 7 may call |
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| | | witnesses to rebut the closed material.”’. |
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| | | Control orders: maximum duration |
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| | |
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| | | |
| | To move the following Clause:— |
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| | | ‘After section 3 of the Prevention of Terrorism Act 2005 there is inserted— |
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| | | “3A | Duration of non-derogating control orders |
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| | | A non-derogating control order ceases to have effect at the end of the |
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| | | period of two years from the date on which it was made, unless there are |
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| | | exceptional circumstances justifying its renewal.”’. |
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| | Page 45, line 12, leave out Clause 65. |
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| | Page 46, line 21, leave out Clause 66. |
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| | Page 47, line 30, leave out Clause 67. |
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| | Page 16, line 17, leave out Clause 22. |
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