House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 13th May 2008
32

Counter-Terrorism Bill, continued

‘the notification requirements apply to the person’.

Mr Dominic Grieve

Mr Crispin Blunt

Not called  211

Schedule  5,  page  77,  line  33,  leave out sub-paragraph (3) and insert—

    ‘(3)
The second condition is that the court making the order is satisfied to the

criminal standard that, since being dealt with for the offence by virtue of which

those requirements apply, the person has acted in a way that gives reasonable

cause to believe it is necessary to make a foreign travel restriction order to

prevent the person from taking part in terrorism activity outside the United

Kingdom.’.

Mr Tony McNulty

Agreed to  160

Schedule  5,  page  77,  line  33,  leave out from ‘that’ to ‘necessary’ in line 35 and

insert ‘the person’s behaviour since the person was dealt with for the offence by virtue of

which those requirements apply makes it’.

Mr Dominic Grieve

Mr Crispin Blunt

Not called  212

Schedule  5,  page  77,  line  37,  at end insert—

  ‘(3A)
The third condition is that the making of a foreign travel restriction order will

not breach any right of free movement within the Treaty on European Union

or Directive 2004/38/EC of the European Union or subsequent instrument.’.

Mr Tony McNulty

Agreed to  161

Schedule  5,  page  77,  line  38,  leave out ‘defendant’ and insert ‘person’.

Mr Tony McNulty

Agreed to  162

Schedule  5,  page  77,  line  39,  leave out ‘defendant’ and insert ‘person’.

Mr Tony McNulty

Agreed to  163

Schedule  5,  page  78,  line  4,  leave out sub-paragraph (6).

Schedule, as amended, Agreed to.

Clause 56 Agreed to.

Mr Douglas Hogg

Negatived on division  213

Clause  57,  page  40,  line  26,  at end insert—

‘(c)
the need to ensure that the manner in which the proceedings are

conducted is fair to every party to the proceedings.’.

Public Bill Committee Proceedings: 13th May 2008
33

Counter-Terrorism Bill, continued

Mr Dominic Grieve

Mr Crispin Blunt

Not called  207

Clause  57,  page  40,  line  29,  leave out paragraph (b).

Mr Douglas Hogg

Not called  214

Clause  57,  page  40,  line  32,  leave out subsection (4).

Mr Dominic Grieve

Mr Crispin Blunt

Not called  208

Clause  57,  page  40,  line  33,  leave out paragraph (a).

Clause Agreed to on division.

Mr Douglas Hogg

Withdrawn  215

Clause  58,  page  41,  line  19,  after ‘that’, insert ‘provided that the person appointed

as the special advocate is present at the consideration of the application,’.

Mr Douglas Hogg

Not called  216

Clause  58,  page  41,  line  23,  after ‘interest’, insert ‘and that the withholding of the

material would not cause injustice to a party to the proceeding,’.

Mr Douglas Hogg

Not called  225

Clause  58,  page  41,  line  25,  leave out ‘consider requiring’ and insert ‘require’.

Mr Douglas Hogg

Not called  217

Clause  58,  page  41,  line  30,  after ‘interest’, insert ‘and is sufficient to ensure that

the conduct of the proceedings will be fair to all parties to those proceedings.’.

Mr Douglas Hogg

Not called  226

Clause  58,  page  41,  line  30,  at end insert—

‘(f)
material which supports the case of a party to the proceedings may not be

withheld from a party to the proceedings or from that party’s legal

represenative and material which adversely affects the Treasury’s case

may not be with held from any party to the proceedings or their legal

representative.’.

Clause Agreed to.

Public Bill Committee Proceedings: 13th May 2008
34

Counter-Terrorism Bill, continued

Mr Douglas Hogg

Not called  227

Clause  59,  page  42,  line  12,  leave out ‘may’ and insert ‘shall’.

Mr Douglas Hogg

Not called  218

Clause  59,  page  42,  line  18,  after ‘excluded’, insert ‘including the consideration of

the application referred to in section 58(3)(a)’.

Clause Agreed to.

Clauses 60 and 61 Agreed to.

Mr Dominic Grieve

Mr Crispin Blunt

Withdrawn  209

Clause  62,  page  44,  line  1,  leave out subsection (3).

Clause Agreed to.

Clause 63 Agreed to.

Patrick Mercer

Mr Dominic Grieve

Mr Elfyn Llwyd

Withdrawn  134

Clause  64,  page  45,  line  6,  leave out ‘national security’ and insert ‘preventing an

offence with a terrorist connection’.

Tom Brake

Mr David Heath

Negatived on division  32

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

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Mr Douglas Hogg

Not called  185

Clause  64,  page  45,  line  9,  leave out paragraph (c).

Mr Douglas Hogg

Not selected  219

Clause  64,  page  45,  line  13,  at end insert—

‘(2A)
A certificate may not be issued unless the Secretary of State has obtained prior

written approval from the Lord Chief Justice of England and Wales certifying that

Public Bill Committee Proceedings: 13th May 2008
35

Counter-Terrorism Bill, continued

in his opinion the issue of the certificate would satisfy the requirements of section

1 (appointment of coroners).’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  186

Clause  64,  page  45,  line  14,  leave out subsection (3).

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  187

Clause  64,  page  45,  line  20,  leave out subsection (4).

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  188

Clause  64,  page  45,  line  30,  leave out paragraph (b).

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  189

Clause  64,  page  45,  line  43,  leave out subsection (3).

Tom Brake

Mr David Heath

Not selected  29

Page  44,  line  35,  leave out Clause 64.

Clause Agreed to on division.

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Withdrawn  178

Clause  65,  page  46,  line  6,  leave out ‘Secretary of State’ and insert ‘Lord Chief

Justice’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  190

Clause  65,  page  46,  line  7,  after ‘inquest’ insert ‘subject to ratification by vote in

Public Bill Committee Proceedings: 13th May 2008
36

Counter-Terrorism Bill, continued

both Houses of Parliament’.

Mr Douglas Hogg

Mr Dominic Grieve

Mr Crispin Blunt

Not called  220

Clause  65,  page  46,  line  7,  after ‘inquest’, insert ‘provided that such a person has

been specifically approved for the purpose by the Lord Chief Justice of England and

Wales’.

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Not called  179

Clause  65,  page  46,  line  9,  leave out from ‘coroner’ to end of line 11 and insert ‘and

(b)
is included in a list of coroners prepared by the Lord Chief Justice for that

purpose;

(2A)
Any coroner may apply to the Lord Chief Justice to be added to a list prepared

under subsection (2).’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  191

Clause  65,  page  46,  line  14,  leave out paragraph (b).

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  192

Clause  65,  page  46,  line  16,  leave out ‘whether’ and insert ‘unless’.

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Not called  180

Clause  65,  page  46,  line  37,  at end insert—

‘(c)
the inquest must be held in the place in which it would have been held if

no coroner had been specially appointed under section 18A.’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  193

Clause  65,  page  46,  line  39,  leave out from ‘must’ to ‘and’ in line 40 and insert

‘consider all evidence presented to the inquest prior to the appointment of the specially

appointed coroner’.

Public Bill Committee Proceedings: 13th May 2008
37

Counter-Terrorism Bill, continued

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  194

Clause  65,  page  47,  line  8,  leave out subsection (4).

Mr Dominic Grieve

Mr Crispin Blunt

Not called  228

Clause  65,  page  47,  line  13,  leave out subsection (5) and insert—

‘(5)
Any such statutory instrument shall be subject to an affirmative resolution of both

Houses of Parliament.’.

Mr Douglas Hogg

Not selected  232

Clause  65,  page  47,  line  14,  leave out from ‘to’ to the end of the subsection and

insert ‘the afffirmative resolution procedure.’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  195

Clause  65,  page  47,  line  16,  leave out subsection (6).

Mr Douglas Hogg

Not selected  233

Clause  65,  page  47,  line  16,  after ‘may’, insert ‘, with the prior consent of the Lord

Chief Justice of England and Wales,’.

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Not called  181

Clause  65,  page  47,  line  23,  leave out ‘Secretary of State’ and insert ‘Lord Chief

Justice’.

Mr Douglas Hogg

Not called  221

Clause  65,  page  47,  line  23,  after ‘State’, insert ‘, with the consent of the Lord

Chief Justice of England and Wales,’.

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Not called  182

Clause  65,  page  47,  line  25,  leave out ‘Secretary of State’ and insert ‘Lord Chief

Justice’.

Public Bill Committee Proceedings: 13th May 2008
38

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Not called  183

Clause  65,  page  47,  line  31,  leave out ‘Secretary of State’ and insert ‘Lord Chief

Justice’.

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Not called  184

Clause  65,  page  47,  line  32,  leave out ‘Secretary of State’ and insert ‘Lord Chief

Justice’.

Tom Brake

Mr David Heath

Not selected  30

Page  46,  line  1,  leave out Clause 65.

Clause Agreed to on division.

Clause 66 Agreed to.

Mr Tony McNulty

Agreed to  177

Clause  67,  page  48,  line  22,  after ‘1988’ insert ‘or section 18A of the Coroners Act

(Northern Ireland) 1959’.

Tom Brake

Mr David Heath

Not selected  31

Page  48,  line  16,  leave out Clause 67.

Clause, as amended, Agreed to on division.

[Adjourned till Thursday at 9.00 a.m.