House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 25th April 2008
97

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

42

Clause  51,  page  36,  line  46,  at end insert—

‘(2A)
Notification requirements in relation to offences under subsection (2) may be

renewed on one occasion if it is considered necessary for purposes connected

with protecting members of the public from a risk of terrorism, for the notification

requirements to continue in force.’.

Tom Brake

Mr David Heath

43

Clause  51,  page  37,  line  3,  leave out subsection (4).

Tom Brake

Mr David Heath

48

Schedule  4,  page  75,  line  25,  at end insert ‘and

(c)
the court exercising jurisdiction under that law has not, in respect of the

corresponding foreign offence, relied on evidence or information

obtained through torture, duress or other means that would render such

evidence or information inadmissible in a court in the United Kingdom.’.

Tom Brake

Mr David Heath

32

Clause  64,  page  45,  line  7,  leave out paragraphs (b) and (c).

Tom Brake

Mr David Heath

29

Page  44,  line  35,  leave out Clause 64.

Tom Brake

Mr David Heath

30

Page  46,  line  1,  leave out Clause 65.

Notices of Amendments: 25th April 2008
98

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

31

Page  48,  line  16,  leave out Clause 67.

Tom Brake

Mr David Heath

44

Clause  69,  page  49,  line  34,  at end insert ‘and

(c)
intends that the information should be useful to a person committing or

preparing an act of terrorism.’.

Tom Brake

Mr David Heath

45

Clause  77,  page  55,  line  17,  after ‘State’, insert ‘or a police authority’.

Tom Brake

Mr David Heath

46

Clause  77,  page  55,  line  18,  at end insert—

‘(3A)
In this section “gas” means a hydrocarbon normally in a gaseous form and

intended for use as a fuel.’.

Tom Brake

Mr David Heath

47

Clause  78,  page  56,  line  6,  at end insert—

‘(4A)
In this section “gas” means a hydrocarbon normally in a gaseous form and

intended for use as a fuel.’.

Mr Tony McNulty

77

Schedule  6,  page  82,  line  26,  at end insert—

‘Terrorism Act 2000 (c. 11)
In Schedule 8, in paragraph

29(4)(a) and (c), the words “after

consulting the Lord Chancellor”.’.

Notices of Amendments: 25th April 2008
99

Counter-Terrorism Bill, continued

Mr Tony McNulty

78

Schedule  6,  page  83,  column 2, leave out lines 6 and 7 and insert—

‘Regulation 45E(3) and (4).

In Regulation 109—

(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.

In Regulation 115(2), “45E(3),”.’.

Mr Tony McNulty

79

Schedule  6,  page  83,  column 2, leave out lines 10 and 11 and insert—

‘Regulation 45D(3) and (4).

In Regulation 108—

(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.

In Regulation 115(2), “45D(3),”.’.

Tom Brake

Mr David Heath

49

Schedule  6,  page  83,  column 2, leave out lines 26 to 35 and insert ‘the whole Act’.

Tom Brake

Mr David Heath

20

Clause  90,  page  59,  line  33,  at end insert—

‘( )
The provisions of Part 2 (detention and questioning of terrorist suspects) come

into force—

(a)
in England and Wales on the day after the revised codes of practice under

section 23(4) have effect, and

(b)
in Northern Ireland on the day after the revised codes of practice under

section 25(3) have effect.’.

Notices of Amendments: 25th April 2008
100

Counter-Terrorism Bill, continued

New Clauses

Pre-charge detention: minor amendments

Mr Tony McNulty

NC4

To move the following Clause:—

‘(1)
In paragraph 9 of Schedule 8 to the Terrorism Act 2000 (direction that detained

person may consult solicitor only within sight and hearing of qualified officer),

for sub-paragraph (3) (grounds on which direction may be given) substitute—

  “(3)
A direction under this paragraph may be given only if the officer

giving it has reasonable grounds for believing—

(a)
that, unless the direction is given, the exercise of the right by

the detained person will have any of the consequences

specified in paragraph 8(4), or

(b)
that the detained person has benefited from his criminal

conduct and that, unless the direction is given, the exercise of

the right by the detained person will hinder the recovery of the

value of the property constituting the benefit.”.

(2)
In paragraph 29(4) of that Schedule (meaning of “judicial authority”), in

paragraphs (a) and (c) omit “after consulting the Lord Chancellor”.’.

Offences related to terrorism: evidence

Tom Brake

Mr David Heath

NC1

To move the following Clause:—

‘(1)
In considering whether a person is involved in terrorism, the Court may take

account of any evidence admissible under the Regulation of Investigatory Powers

Act 2000 (c. 23).

(2)
Schedule [Intercept evidence] (which makes provision for the admissibility of

intercept evidence in cases involving terrorism) has effect.’.

Notices of Amendments: 25th April 2008
101

Counter-Terrorism Bill, continued

Repeal of Prevention of Terrorism Act 2005

Tom Brake

Mr David Heath

NC2

To move the following Clause:—

‘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—

Notices of Amendments: 25th April 2008
102

Counter-Terrorism Bill, continued

(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).

(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

Notices of Amendments: 25th April 2008
103

Counter-Terrorism Bill, continued

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.

(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—