House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

39

House of Commons

Thursday 15th May 2008

Public Bill Committee Proceedings

Counter-Terrorism Bill

[Thirteenth and Fourteenth Sittings]

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Mr Douglas Hogg

Not selected  196

Page  49,  line  4,  leave out Clause 68.

Clause Agreed to on division.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  197

Clause  69,  page  49,  line  31,  leave out from ‘Forces’ to ‘useful’ in line 32 and insert

‘with the intention that it is’.

Tom Brake

Mr David Heath

Mr Elfyn Llwyd

Not called  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.’.

Mr Douglas Hogg

Not called  235

Clause  69,  page  49,  line  36,  after ‘prove’, insert ‘—

(a)
’.

Public Bill Committee Proceedings: 15th May 2008
40

Counter-Terrorism Bill, continued

Mr Douglas Hogg

Not called  236

Clause  69,  page  49,  line  36,  after ‘action’, insert—

‘(b)
that at the time of the alleged offence he did not know and had no reason

to know that the information or the disclosure of such information was of

a kind that was likely to be helpful to a person committing or preparing

an act of terrorism;

(c)
that at the time of the alleged offence he believed that disclosure of such

information was in the public interest.’.

Mr Tony McNulty

Agreed to  164

Clause  69,  page  50,  line  6,  at end insert—

‘( )
Schedule 8A to this Act contains supplementary provisions relating to the offence

under this section.’.

Mr Tony McNulty

Agreed to  165

Clause  69,  page  50,  line  12,  at end insert—

‘( )
After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in

Schedule (Offences relating to information about members of armed forces:

supplementary provisions) to this Act.’.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  198

Clause  69,  page  50,  line  12,  at end add—

‘(4)
In section 58 of the Terrorism Act 2000 (c.11) (collection of information) in

subsection (1) for “of a kind likely to be” substitute “with the intention that it is”’.

Clause, as amended, Agreed to.

Clauses 70 and 71 Agreed to.

Mr Dominic Grieve

Mr Crispin Blunt

Withdrawn  229

Clause  72,  page  52,  line  22,  leave out subsection (2).

Clause Agreed to.

Clause 73 Agreed to.

Public Bill Committee Proceedings: 15th May 2008
41

Counter-Terrorism Bill, continued

Mr Dominic Grieve

Mr Crispin Blunt

Not called  230

Clause  74,  page  53,  line  15,  leave out subsection (4).

Clause Agreed to.

Clauses 75 and 76 Agreed to.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  199

Clause  77,  page  55,  line  7,  after second ‘the’ insert ‘national security of the’.

Tom Brake

Mr David Heath

Withdrawn  45

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

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  200

Clause  77,  page  55,  line  17,  leave out ‘in or around’ and insert ‘within a one mile

radius of’.

Tom Brake

Mr David Heath

Not selected  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.’.

Clause Agreed to.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  201

Clause  78,  page  56,  line  2,  leave out ‘in or around’ and insert ‘within a one mile

radius of’.

Public Bill Committee Proceedings: 15th May 2008
42

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

Not selected  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.’.

Clause Agreed to.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  202

Clause  79,  page  56,  line  19,  leave out ‘negative resolution procedure’ and insert

‘affirmative procedure’.

Clause Agreed to.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  203

Clause  80,  page  56,  leave out lines 38 to 40.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  204

Clause  80,  page  57,  line  1,  leave out paragraph (a).

Clause Agreed to.

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Withdrawn  205

Clause  81,  page  57,  line  22,  leave out ‘28 days’ and insert ‘6 months’.

Public Bill Committee Proceedings: 15th May 2008
43

Counter-Terrorism Bill, continued

Patrick Mercer

Mr Dominic Grieve

Mr Adam Holloway

David T.C. Davies

Not called  206

Clause  81,  page  57,  line  26,  leave out subsection (3).

Clause Agreed to.

Clauses 82 to 89 Agreed to.

Mr Tony McNulty

Agreed to  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”.’.

Mr Tony McNulty

Agreed to  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

Agreed to  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

Not moved  49

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

Public Bill Committee Proceedings: 15th May 2008
44

Counter-Terrorism Bill, continued

Schedule, as amended, Agreed to.

Tom Brake

Mr David Heath

Not called  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.’.

Mr Douglas Hogg

Mr Dominic Grieve

Mr Crispin Blunt

Not called  222

Clause  90,  page  59,  line  34,  leave out from ‘proceedings)’ until end of subsection

and insert ‘shall not come into effect until the rules of court have been approved by a

resolution of each House of Parliament as provided for in section 62(4).’.

Mr Douglas Hogg

Mr Dominic Grieve

Mr Crispin Blunt

Withdrawn  223

Clause  90,  page  60,  line  4,  at end insert ‘subject to subsections (7) and (8).’.

Mr Douglas Hogg

Mr Dominic Grieve

Mr Crispin Blunt

Not called  224

Clause  90,  page  60,  line  7,  at end add—

‘(7)
Section 22 (period of pre-charge detention) and Schedule 1 (amendments relating

to period of pre-charge detention), shall not come into effect until codes of

practice under section 66 of the Police and Criminal Evidence Act 1984

regulating such detention shall have been approved by a resolution of each House

of Parliament.

(8)
Section 23 (period of post charge questioning) shall not come into effect until the

codes of practice under section 66 of the Police and Criminal Evidence Act 1984

and referred to in section 23(4) shall have been approved by a resolution of each

House of Parliament.’.

Clause Agreed to.

Clauses 91 and 92 Agreed to.

Public Bill Committee Proceedings: 15th May 2008
45

Counter-Terrorism Bill, continued

New Clauses

Pre-charge detention: minor amendments

Mr Tony McNulty

Agreed to  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”.’.

Certificate requiring inquest to be held without a jury: Northern Ireland

Mr Tony McNulty

Agreed to  NC6

To move the following Clause:—

‘(1)
In section 13(1) of the Coroners Act (Northern Ireland) 1959 (c. 15) (power of

coroner to hold inquest) after “sub-section (2)” insert “and section 18A”.

(2)
In section 18 of that Act (requirement to summon jury in certain cases) after

subsection (4) insert—

“(5)
This section is subject to section 18A (certificate requiring inquest to be

held without a jury).”.

(3)
After that section insert—

“18A
Certificate requiring inquest to be held without a jury

(1)
The Secretary of State may certify in relation to an inquest that, in the

opinion of the Secretary of State, the inquest will involve the

consideration of material that should not be made public—

(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)
A certificate may be issued—

(a)
in relation to an inquest that has not begun, or