House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

25

House of Commons

Tuesday 13th May 2008

Public Bill Committee Proceedings

Counter-Terrorism Bill

[Eleventh and twelfth Sittings]

Mr Dominic Grieve

Mr Crispin Blunt

Withdrawn  173

Clause  33,  page  22,  line  44,  leave out from ‘terrorism’ to end of line 46.

Mr Tony McNulty

Agreed to  138

Clause  33,  page  23,  line  11,  at end insert—

‘section 6 (training for terrorism);’.

Clause, as amended, Agreed to.

Mr Douglas Hogg

Not selected  231

Clause  34,  page  23,  line  43,  after ‘section’, insert ‘and where the court is satisfied

on the balance of probabilities that the person is the owner or otherwise has an interest in

anything which otherwise might be subject to forfeiture under that section and considers

that it would be unjust to that person to make an order of forfeiture the court shall not

make such an order but shall make such other order as seems to the court to be just.’.

Mr Dominic Grieve

Mr Crispin Blunt

Withdrawn  174

Clause  34,  page  24,  line  2,  leave out ‘and other’.

Clause Agreed to.

Clause 35 Agreed to.

Public Bill Committee Proceedings: 13th May 2008
26

Counter-Terrorism Bill, continued

Mr Tony McNulty

Agreed to  139

Clause  36,  page  27,  line  6,  at end insert—

‘( )
In section 7 of the Terrorism Act 2006 (c. 11), after subsection (6) insert—

“(7)
The power of forfeiture under this section is in addition to any power of

forfeiture under section 23A of the Terrorism Act 2000.”’.

Clause, as amended, Agreed to.

Clause 37 Agreed to.

Mr Tony McNulty

Agreed to  140

Schedule  3,  page  72,  line  18,  at end insert—

‘(c)
in relation to a restraint order, any offence specified in Schedule

2 to the Counter-Terrorism Act 2008 (offences where terrorist

connection to be considered).’.

Mr Tony McNulty

Agreed to  141

Schedule  3,  page  73,  line  1,  at end insert—

‘(c)
in relation to a restraint order, any offence specified in Schedule

2 to the Counter-Terrorism Act 2008 (offences where terrorist

connection to be considered).’.

Schedule, as amended, Agreed to.

Clause 38 Agreed to.

Mr Tony McNulty

Agreed to  142

Clause  39,  page  28,  line  38,  leave out from ‘things)’ to end of line 39.

Clause, as amended, Agreed to.

Mr Dominic Grieve

Mr Crispin Blunt

Patrick Mercer

Withdrawn  95

Clause  45,  page  33,  line  12,  leave out ‘such a determination’ and insert ‘section

42.’.

Public Bill Committee Proceedings: 13th May 2008
27

Counter-Terrorism Bill, continued

Mr Dominic Grieve

Mr Crispin Blunt

Patrick Mercer

Not called  96

Clause  45,  page  33,  line  15,  leave out subsection (3).

Clause Agreed to.

Mr Tony McNulty

                                                            Agreed to

That Clause 45 be transferred to end of line 24 on page 29.

Clause 40 Agreed to.

Mr Tony McNulty

Agreed to  143

Clause  41,  page  30,  line  1,  leave out paragraph (b) and insert—

‘(b)
immediately before the commencement of this Part the person—

(i)
is imprisoned or detained in pursuance of the sentence passed or

order made in respect of the offence,

(ii)
would be so imprisoned or detained but for being unlawfully at

large, absent without leave, on temporary leave or leave of

absence, or on bail pending an appeal, or

(iii)
has been released on licence, having served the whole or part of

a sentence of imprisonment in respect of the offence.’.

Mr Tony McNulty

Agreed to  144

Clause  41,  page  30,  line  8,  leave out ‘, order or finding’ and insert ‘or order’.

Clause, as amended, Agreed to.

Tom Brake

Mr David Heath

Withdrawn  35

Clause  42,  page  30,  leave out lines 33 to 34.

Tom Brake

Mr David Heath

Not called  33

Clause  42,  page  30,  leave out lines 42 to 44.

Public Bill Committee Proceedings: 13th May 2008
28

Counter-Terrorism Bill, continued

Mr Dominic Grieve

Mr Crispin Blunt

Patrick Mercer

Not moved  94

Clause  42,  page  30,  line  45,  at end insert—

‘(c)
and who in the opinion of the court should be subject to notification

requirements—

(i)
in the interests of national security, or

(ii)
otherwise in the public interest.’.

Tom Brake

Mr David Heath

Not called  37

Clause  42,  page  31,  leave out lines 4 to 8.

Tom Brake

Mr David Heath

Not called  38

Clause  42,  page  31,  leave out lines 14 to 19.

Tom Brake

Mr David Heath

Not called  36

Clause  42,  page  31,  leave out lines 27 to 32.

Tom Brake

Mr David Heath

Not called  34

Clause  42,  page  31,  leave out lines 38 to 40.

Clause Agreed to.

Mr Dominic Grieve

Mr Crispin Blunt

Withdrawn  175

Clause  43,  page  32,  line  4,  leave out paragraph (a).

Mr Dominic Grieve

Mr Crispin Blunt

Not called  176

Clause  43,  page  32,  line  5,  leave out from ‘force’ to end of line 9.

Clause Agreed to.

Mr Tony McNulty

Agreed to  145

Clause  44,  page  32,  line  17,  leave out from ‘question’ to the end of line 22.

Public Bill Committee Proceedings: 13th May 2008
29

Counter-Terrorism Bill, continued

Mr Tony McNulty

Agreed to  146

Clause  44,  page  33,  line  4,  at end insert—

‘( )
In the application of this section to a person dealt with for an offence before the

commencement of this Part who, immediately before commencement—

(a)
would be imprisoned or detained in respect of the offence but for being

unlawfully at large, absent without leave, on temporary leave or leave of

absence, or on bail pending an appeal, or

(b)
has been released on licence, having served the whole or part of a

sentence of imprisonment in respect of the offence,


the reference in subsection (1) to the day on which the person is dealt with in

respect of the offence shall be read as a reference to the commencement of this

Part.’.

Clause, as amended, Agreed to.

Mr Tony McNulty

Agreed to  147

Clause  46,  page  33,  line  37,  at end insert—


‘This does not apply if the person is at the same time required to notify the police

under section 44 (initial notification).’.

Mr Tony McNulty

Agreed to  148

Clause  46,  page  33,  line  40,  leave out from ‘changes’ to the end of line 41 and

insert ‘in that information’.

Mr Tony McNulty

Agreed to  149

Clause  46,  page  34,  line  11,  leave out ‘or this section’ and insert ‘, this section or

section 47 (periodic re-notification)’.

Clause, as amended, Agreed to.

Mr Tony McNulty

Agreed to  150

Clause  47,  page  34,  line  16,  after ‘after’, insert ‘last’.

Mr Tony McNulty

Agreed to  151

Clause  47,  page  34,  line  21,  leave out from ‘if’ to ‘at’ in line 23 and insert ‘the

period referred to in subsection (1) ends’.

Mr Tony McNulty

Agreed to  152

Clause  47,  page  34,  line  28,  leave out from beginning to end of line 29 and insert—

Public Bill Committee Proceedings: 13th May 2008
30

Counter-Terrorism Bill, continued

‘( )
In that case section 46(4) and (10) (duty to notify of release and to re-notify other

information) apply when the person is released.’.

Clause, as amended, Agreed to.

Clauses 48 and 49 Agreed to.

Mr Tony McNulty

Agreed to  153

Clause  50,  page  35,  line  37,  leave out from ‘regulations’ to end of line 41.

Mr Tony McNulty

Agreed to  154

Clause  50,  page  36,  line  3,  leave out subsection (5).

Clause, as amended, Agreed to.

Tom Brake

Mr David Heath

Withdrawn  39

Clause  51,  page  36,  line  8,  leave out ‘an indefinite period’ and insert ‘five years’.

Tom Brake

Mr David Heath

Not called  40

Clause  51,  page  36,  line  44,  at end insert—

‘(1A)
Notification requirements in relation to offences under subsection (1) may be

renewed on one or more occasions 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

Not called  41

Clause  51,  page  36,  line  45,  leave out ‘10’ and insert ‘5’.

Tom Brake

Mr David Heath

Not called  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.’.

Public Bill Committee Proceedings: 13th May 2008
31

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

Not called  43

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

Mr Tony McNulty

Agreed to  155

Clause  51,  page  37,  line  3,  leave out from ‘section’ to ‘(finding’ in line 4 and insert

‘42(1)(b)(iii), (2)(b)(iii) or (3)(b)(iii)’.

Mr Tony McNulty

Agreed to  156

Clause  51,  page  37,  line  11,  leave out ‘terrorism offences’ and insert ‘offences to

which this Part applies’.

Clause, as amended, Agreed to.

Clauses 52 to 55 Agreed to.

Tom Brake

Mr David Heath

Withdrawn  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.’.

Mr Tony McNulty

Agreed to  157

Schedule  4,  page  75,  line  33,  leave out lines 33 to 35 and insert—

‘(ii)
would have been so imprisoned or detained but for being

unlawfully at large or otherwise unlawfully absent, lawfully

absent on a temporary basis or on bail pending an appeal, or

(iii)
had been released on licence, or was subject to an equivalent

form of supervision, having served the whole or part of a

sentence of imprisonment for the offence.’.

Schedule, as amended, Agreed to.

Mr Tony McNulty

Agreed to  158

Schedule  5,  page  77,  line  30,  after ‘order’, insert ‘in respect of a person’.

Mr Tony McNulty

Agreed to  159

Schedule  5,  page  77,  line  31,  leave out from ‘that’ to the end of line 32 and insert