House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15th May 2008
274

Counter-Terrorism Bill, continued

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.’.

Proscribed organisations (No. 2)

Mr Dominic Grieve

Mr Crispin Blunt

NC11

To move the following Clause:—

‘(1)
Section 3 of the Terrorism Act 2000 (c. 11) is amended as follows.

(2)
In subsection (5) after paragraph (d) insert—

“(e)
has been involved in support or acts of terrorism and has not

unequivocally renounced support of terrorism.”.’.

Intercept evidence: regulations

Mr Dominic Grieve

Mr Crispin Blunt

NC12

To move the following Clause:—

‘(1)
The Secretary of State must, by 31st July 2010, make regulations which make

provision for the use of “intercept evidence” and “metering evidence” in criminal

proceedings.

Public Bill Committee: 15th May 2008
275

Counter-Terrorism Bill, continued

(2)
The regulations made under subsection (1) shall be made by statutory instrument

which are subject to the affirmative resolution procedure.’.

Applications for inquests to be held without a jury

Mr Dominic Grieve

Mr Crispin Blunt

Mr Douglas Hogg

NC13

To move the following Clause:—

‘(1)
In section 8 of the Coroners Act 1988 (c. 13) (duty to hold inquest), after

subsection (7) insert—

“(8)
This section is subject to section 8A (applications for inquests to be held

without a jury).”.

(2)
After that section insert—

“8A
Certificate requiring inquest to be held without a jury

(1)
The Secretary of State may apply to the Lord Chief Justice for an inquest

to be held without a jury if it is—

(a)
in the interests of national security,

(b)
in the interests of the relationship between the United Kingdom

and another country, or

(c)
otherwise in the public interest.

(2)
The Lord Chief Justice may grant an application made under subsection

(1) if he is satisfied that any of paragraphs (a) to (c) apply.

(3)
Where an application under subsection (2) has been granted, the inquest

must be held without a jury, so that—

(a)
if a jury has not been summoned, the coroner must not summon

a jury, and

(b)
if a jury has been summoned, the coroner must discharge the

jury.

(4)
Accordingly, the following do not apply in relation to the inquest—

(a)
the power under subsection (1) or (4) of section 8 to hold the

inquest or part of the inquest with a jury, and

(b)
the duty under subsection (3) of that section to hold the inquest

with a jury in the circumstances set out in that subsection.

(5)
If a jury is summoned—

(a)
the coroner must proceed in all respects as if the inquest had not

previously begun, and

(b)
the provisions of this Act apply accordingly as if that were the

case.”.

Public Bill Committee: 15th May 2008
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Counter-Terrorism Bill, continued

(3)
This section has effect in relation to inquests that have begun, but have not been

concluded, before the day on which it comes into force as well as to inquests

beginning on or after that day.’.

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.

(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—

Public Bill Committee: 15th May 2008
277

Counter-Terrorism Bill, continued

“(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)—

(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)”.

Public Bill Committee: 15th May 2008
278

Counter-Terrorism Bill, continued

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”.’.

Mr Tony McNulty

NS3

To move the following Schedule:—

‘Offences relating to information about members of armed forces:

supplementary provisions


The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000

(c. 11)—

“Schedule 8A

Offence under section 58A: supplementary provisions

Introduction

1    (1)
This Schedule makes supplementary provision relating to the

offence in section 58A (eliciting, publishing or communicating

information about members of the armed forces).

      (2)
The purpose of this Schedule is to comply with Directive 2000/31/

EC of the European Parliament and of the Council of 8 June 2000

on certain legal aspects of information society services, in particular

electronic commerce, in the Internal Market (“the E-Commerce

Directive”).

Domestic service providers: extension of liability

2    (1)
This paragraph applies where a service provider is established in the

United Kingdom (a “domestic service provider”).

      (2)
Section 58A applies to a domestic service provider who—

(a)
commits any of the acts specified in subsection (1) of that

section in an EEA state other than the United Kingdom, and

(b)
does so in the course of providing information society

services,


as it applies to a person who commits such an act in the United

Kingdom.

      (3)
In such a case—

Public Bill Committee: 15th May 2008
279

Counter-Terrorism Bill, continued

(a)
proceedings for the offence may be taken at any place in the

United Kingdom, and

(b)
the offence may for all incidental purposes be treated as

having been committed at any such place.

Non-UK service providers: restriction on proceedings

3    (1)
This paragraph applies where a service provider is established in an

EEA state other than the United Kingdom (a “non-UK service

provider”).

      (2)
Proceedings for an offence under section 58A must not be brought

against a non-UK service provider in respect of anything done in

the course of the provision of information society services unless

the following conditions are met.

      (3)
The conditions are—

(a)
that the bringing of proceedings is necessary for one of the

following reasons—

(i)
public policy,

(ii)
public security, including the safeguarding of

national security and defence;

(b)
that the proceedings are brought against an information

society service that prejudices the objectives referred to in

paragraph (a) or presents a serious and grave risk of

prejudice to those objectives;

(c)
that the bringing of the proceedings is proportionate to

those objectives.

Exceptions for mere conduits

4    (1)
A service provider is not guilty of an offence under section 58A in

respect of anything done in the course of providing so much of an

information society service as consists in—

(a)
the provision of access to a communication network, or

(b)
the transmission in a communication network of

information provided by a recipient of the service,


if the following condition is satisfied.

      (2)
The condition is that the service provider does not—

(a)
initiate the transmission,

(b)
select the recipient of the transmission, or

(c)
select or modify the information contained in the

transmission.

      (3)
For the purposes of sub-paragraph (1)—

(a)
the provision of access to a communication network, and

(b)
the transmission of information in a communication

network,


includes the automatic, intermediate and transient storage of the

information transmitted so far as the storage is solely for the

purpose of carrying out the transmission in the network.

      (4)
Sub-paragraph (3) does not apply if the information is stored for

longer than is reasonably necessary for the transmission.

Public Bill Committee: 15th May 2008
280

Counter-Terrorism Bill, continued

Exception for caching

5    (1)
This paragraph applies where an information society service

consists in the transmission in a communication network of

information provided by a recipient of the service.

      (2)
The service provider is not guilty of an offence under section 58A

in respect of the automatic, intermediate and temporary storage of

information so provided, if—

(a)
the storage of the information is solely for the purpose of

making more efficient the onward transmission of the

information to other recipients of the service at their

request, and

(b)
the following conditions are satisfied.

      (3)
The first condition is that the service provider does not modify the

information.

      (4)
The second condition is that the service provider complies with any

conditions attached to having access to the information.

      (5)
The third condition is that if the service provider obtains actual

knowledge that—

(a)
the information at the initial source of the transmission has

been removed from the network,

(b)
access to it has been disabled, or

(c)
a court or administrative authority has ordered the removal

from the network of, or the disablement of access to, the

information.


the service provider expeditiously removes the information or

disables access to it.

Exception for hosting

6    (1)
A service provider is not guilty of an offence under section 58A in

respect of anything done in the course of providing so much of an

information society service as consists in the storage of information

provided by a recipient of the service, if the condition is met.

      (2)
The condition is that—

(a)
the service provider had no actual knowledge when the

information was provided that it contained offending

material, or

(b)
on obtaining actual knowledge that the information

contained offending material, the service provider

expeditiously removed the information or disabled access

to it.

      (3)
“Offending material” means information about a person who is or

has been a member of Her Majesty’s Forces which is of a kind

likely to be useful to a person committing or preparing an act of

terrorism.

      (4)
This paragraph does not apply if the recipient of the service is acting

under the authority or control of the service provider.