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| [Thirteenth and Fourteenth Sittings]
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| Page 49, line 4, leave out Clause 68. |
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| | Clause Agreed to on division. |
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| Clause 69, page 49, line 31, leave out from ‘Forces’ to ‘useful’ in line 32 and insert |
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| ‘with the intention that it is’. |
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| Clause 69, page 49, line 34, at end insert ‘and |
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| | (c) | intends that the information should be useful to a person committing or |
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| | preparing an act of terrorism.’. |
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| Clause 69, page 49, line 36, after ‘prove’, insert ‘— |
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| Clause 69, page 49, line 36, after ‘action’, insert— |
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| | ‘(b) | that at the time of the alleged offence he did not know and had no reason |
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| | to know that the information or the disclosure of such information was of |
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| | a kind that was likely to be helpful to a person committing or preparing |
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| | (c) | that at the time of the alleged offence he believed that disclosure of such |
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| | information was in the public interest.’. |
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| Clause 69, page 50, line 6, at end insert— |
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| | ‘( ) | Schedule 8A to this Act contains supplementary provisions relating to the offence |
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| Clause 69, page 50, line 12, at end insert— |
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| | ‘( ) | After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in |
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| | Schedule (Offences relating to information about members of armed forces: |
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| | supplementary provisions) to this Act.’. |
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| Clause 69, page 50, line 12, at end add— |
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| | ‘(4) | In section 58 of the Terrorism Act 2000 (c.11) (collection of information) in |
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| | subsection (1) for “of a kind likely to be” substitute “with the intention that it is”’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 70 and 71 Agreed to. |
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| Clause 72, page 52, line 22, leave out subsection (2). |
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| Clause 74, page 53, line 15, leave out subsection (4). |
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| | Clauses 75 and 76 Agreed to. |
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| Clause 77, page 55, line 7, after second ‘the’ insert ‘national security of the’. |
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| Clause 77, page 55, line 17, after ‘State’, insert ‘or a police authority’. |
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| Clause 77, page 55, line 17, leave out ‘in or around’ and insert ‘within a one mile |
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| Clause 77, page 55, line 18, at end insert— |
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| | ‘(3A) | In this section “gas” means a hydrocarbon normally in a gaseous form and |
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| | intended for use as a fuel.’. |
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| Clause 78, page 56, line 2, leave out ‘in or around’ and insert ‘within a one mile |
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| Clause 78, page 56, line 6, at end insert— |
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| | ‘(4A) | In this section “gas” means a hydrocarbon normally in a gaseous form and |
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| | intended for use as a fuel.’. |
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| Clause 79, page 56, line 19, leave out ‘negative resolution procedure’ and insert |
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| Clause 80, page 56, leave out lines 38 to 40. |
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| Clause 80, page 57, line 1, leave out paragraph (a). |
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| Clause 81, page 57, line 22, leave out ‘28 days’ and insert ‘6 months’. |
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| Clause 81, page 57, line 26, leave out subsection (3). |
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| | Clauses 82 to 89 Agreed to. |
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| Schedule 6, page 82, line 26, at end insert— |
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| ‘Terrorism Act 2000 (c. 11) |
| In Schedule 8, in paragraph |
| | | | | 29(4)(a) and (c), the words “after |
| | | | | consulting the Lord Chancellor”.’. |
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| Schedule 6, page 83, column 2, leave out lines 6 and 7 and insert— |
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| | ‘Regulation 45E(3) and (4). |
| | | | | | | | | | (a) | paragraph (1)(g) to (i); |
| | | | | (b) | in paragraph (4)(a), the words preceding |
| | | | | | | | | | (c) | paragraph (4)(b) and the word “and” |
| | | | | immediately preceding it. |
| | | | | In Regulation 115(2), “45E(3),”.’. |
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| Schedule 6, page 83, column 2, leave out lines 10 and 11 and insert— |
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| | ‘Regulation 45D(3) and (4). |
| | | | | | | | | | (a) | paragraph (1)(g) to (i); |
| | | | | (b) | in paragraph (4)(a), the words preceding |
| | | | | | | | | | (c) | paragraph (4)(b) and the word “and” |
| | | | | immediately preceding it. |
| | | | | In Regulation 115(2), “45D(3),”.’. |
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| Schedule 6, page 83, column 2, leave out lines 26 to 35 and insert ‘the whole Act’. |
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| | Schedule, as amended, Agreed to. |
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| Clause 90, page 59, line 33, at end insert— |
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| | ‘( ) | The provisions of Part 2 (detention and questioning of terrorist suspects) come |
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| | (a) | in England and Wales on the day after the revised codes of practice under |
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| | section 23(4) have effect, and |
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| | (b) | in Northern Ireland on the day after the revised codes of practice under |
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| | section 25(3) have effect.’. |
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| Clause 90, page 59, line 34, leave out from ‘proceedings)’ until end of subsection |
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| and insert ‘shall not come into effect until the rules of court have been approved by a |
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| resolution of each House of Parliament as provided for in section 62(4).’. |
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| Clause 90, page 60, line 4, at end insert ‘subject to subsections (7) and (8).’. |
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| Clause 90, page 60, line 7, at end add— |
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| | ‘(7) | Section 22 (period of pre-charge detention) and Schedule 1 (amendments relating |
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| | to period of pre-charge detention), shall not come into effect until codes of |
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| | practice under section 66 of the Police and Criminal Evidence Act 1984 |
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| | regulating such detention shall have been approved by a resolution of each House |
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| | (8) | Section 23 (period of post charge questioning) shall not come into effect until the |
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| | codes of practice under section 66 of the Police and Criminal Evidence Act 1984 |
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| | and referred to in section 23(4) shall have been approved by a resolution of each |
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| | Clauses 91 and 92 Agreed to. |
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| | Pre-charge detention: minor amendments |
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| To move the following Clause:— |
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| | ‘(1) | In paragraph 9 of Schedule 8 to the Terrorism Act 2000 (direction that detained |
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| | person may consult solicitor only within sight and hearing of qualified officer), |
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| | for sub-paragraph (3) (grounds on which direction may be given) substitute— |
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| | “(3) | A direction under this paragraph may be given only if the officer |
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| | giving it has reasonable grounds for believing— |
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| | (a) | that, unless the direction is given, the exercise of the right by |
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| | the detained person will have any of the consequences |
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| | specified in paragraph 8(4), or |
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| | (b) | that the detained person has benefited from his criminal |
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| | conduct and that, unless the direction is given, the exercise of |
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| | the right by the detained person will hinder the recovery of the |
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| | value of the property constituting the benefit.”. |
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| | (2) | In paragraph 29(4) of that Schedule (meaning of “judicial authority”), in |
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| | paragraphs (a) and (c) omit “after consulting the Lord Chancellor”.’. |
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| | Certificate requiring inquest to be held without a jury: Northern Ireland |
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| To move the following Clause:— |
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| | ‘(1) | In section 13(1) of the Coroners Act (Northern Ireland) 1959 (c. 15) (power of |
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| | coroner to hold inquest) after “sub-section (2)” insert “and section 18A”. |
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| | (2) | In section 18 of that Act (requirement to summon jury in certain cases) after |
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| | “(5) | This section is subject to section 18A (certificate requiring inquest to be |
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| | (3) | After that section insert— |
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| | “18A | Certificate requiring inquest to be held without a jury |
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| | (1) | The Secretary of State may certify in relation to an inquest that, in the |
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| | opinion of the Secretary of State, the inquest will involve the |
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| | consideration of material that should not be made public— |
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| | (a) | in the interests of national security, |
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| | (b) | in the interests of the relationship between the United Kingdom |
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| | (c) | otherwise in the public interest. |
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| | (2) | A certificate may be issued— |
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| | (a) | in relation to an inquest that has not begun, or |
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