House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 25th April 2008
104

Counter-Terrorism Bill, continued

“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;

(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—

Notices of Amendments: 25th April 2008
105

Counter-Terrorism Bill, continued

(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”.’.

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”),

Notices of Amendments: 25th April 2008
106

Counter-Terrorism Bill, continued


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).

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.

Notices of Amendments: 25th April 2008
107

Counter-Terrorism Bill, continued

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

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

Notices of Amendments: 25th April 2008
108

Counter-Terrorism Bill, continued

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 22; Schedule 1; Clauses 23 to 31; Schedule 2;

Clauses 32 to 37; Schedule 3; Clauses 38 and 39; Clause 45; Clauses 40 to

44; Clauses 46 to 55; Schedules 4 and 5; Clauses 56 to 89; Schedule 6;

Clauses 90 to 92; new Clauses; new Schedules; remaining proceedings on the

Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 p.m. on Thursday 15th May.