House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament


 
 

 

Counter-Terrorism Bill

marshalled list of motions to be moved on consideration of

commons amendments and reasons

MOTION A

LORDS AMENDMENT NO. 2

Before Clause 14

A

Lord West of Spithead to move, That this House do not insist on its

 

Amendment 2, to which the Commons have disagreed for their Reason

 

2A.

2

Insert the following new Clause—

 

“National guidelines on fingerprint and sample database

 

(1)    

The Secretary of State shall by regulations publish national guidelines for

 

governmental agencies establishing—

 

(a)    

a procedure by which a person can request a statement of what

 

information relating to fingerprints and samples is held on them or

 

on a dependent;

 

(b)    

a procedure by which a person can request that such information

 

held on them or a dependent is destroyed;

 

(c)    

the circumstances in which a request under paragraph (b) may be

 

refused.

 

(2)    

If a request made under subsection (1)(b) is refused under subsection (1)(c),

 

the relevant agency shall write to the person setting out why such

 

information will not be destroyed and when such circumstances as prevent

 

it being destroyed may no longer apply.

 

(3)    

In drawing up guidelines under subsection (1), the Secretary of State shall

 

consult such bodies as he thinks appropriate.

 

(4)    

Regulations under subsection (1) shall not be made until a draft copy is laid

 

before, and approved by resolution of, both Houses of Parliament.”

 
 
HL Bill 96-I54/3

 
 

2

 
 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 2 for the following Reason—

2A

Because it would involve a charge on public funds, and the Commons do not offer any

 

further Reason, trusting that this Reason may be deemed sufficient.

 

MOTION B

 

LORDS AMENDMENTS NOS. 3, 15 AND 115

Before Clause 22

B

Lord West of Spithead to move, That this House do not insist on its

 

Amendment 3, to which the Commons have disagreed for their Reason

 

3A; That this House do not insist on its Amendment 15 and do agree with

 

the Commons in their Amendments 15A to 15C in lieu; and do agree with

 

the Commons in their Amendment 115A as an amendment consequential

 

on Lords Amendment 115.

3

Insert the following new Clause—

 

“No extension of pre-charge detention

 

For the avoidance of doubt, nothing in this Act allows the Secretary of State

 

to extend the maximum period of pre-charge detention beyond 28 days.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 3 for the following Reason—

3A

Because the provision made by the amendment has no legal effect.

Clause 33

LORDS AMENDMENT NO. 15

15

Leave out Clause 33

 

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

 

The Commons disagree to Lords Amendment No. 15, but propose the following

 

Amendments in lieu thereof—

15A

Transpose Clause 33 to after Clause 88

15B

Page 97, leave out lines 23 to 27

15C

Page 98, line 13, at end insert—

 
 

 
 

3

 
 

“Part 6

 

Pre-charge detention

 

Short title and Chapter

Extent of repeal

 
 

Terrorism Act 2000 (c. 11)

In Schedule 8, in paragraph 29(4)(a) and (c), the

 
  

words “after consulting the Lord

 
  

Chancellor”.”

 

Schedule 2

LORDS AMENDMENT NO. 115

115

Leave out Schedule 2

 

COMMONS AGREEMENT WITH CONSEQUENTIAL AMENDMENT

 

The Commons agree to Lords Amendment No. 115, and propose the following

 

consequential Amendment to the Bill—

115A

Page 97, leave out lines 28 to 31

 

MOTION C

 

LORDS AMENDMENTS NOS. 106 AND 133

After Clause 80

C

Lord West of Spithead to move, That this House do not insist on its

 

Amendments 106 and 133, to which the Commons have disagreed for

 

their Reasons 106A and 133A.

C1

Baroness Miller of Chilthorne Domer to move, as an amendment to Mo­

 

tion C, at end insert “but do propose Amendments 106B and 133B in lieu.”

106

Insert the following new Clause—

 

“Inquests: intercept evidence

 

(1)    

In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)

 

(exceptions to section 17), after subsection (7)(c) insert—

 

“(d)    

a disclosure to a coroner or to a person appointed as counsel

 

to an inquest or to members of a jury or to any properly

 

interested person where—

 

(i)    

the coroner holding the inquest is a judge of the

 

High Court; and

 

(ii)    

the coroner has ordered the disclosure to be made to

 

the coroner alone or (as the case may be) to the

 

coroner and the person appointed as counsel to the

 

inquest or to members of a jury or to any properly

 

interested person.”

 
 

 
 

4

 
 

(2)    

After subsection (8A) insert—

 

“(8B)    

A coroner shall not order a disclosure under subsection (7)(d)

 

except where the coroner is satisfied that the exceptional

 

circumstances of the case make the disclosure essential to enable the

 

matters that are required to be ascertained by the inquest to be

 

ascertained.”

 

(3)    

After subsection (11) insert—

 

“(11A)    

References in this section to a coroner apply only where the coroner

 

is a judge of the High Court.”

 

(4)    

This section has effect in relation to inquests that have begun, but have not

 

been concluded, before the day on which it comes into force as well as to

 

inquests beginning on or after that day.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 106 for the following Reason—

106A

Because sensitive material should not be disclosed to members of the public.

 

BARONESS MILLER OF CHILTHORNE DOMER

106B

Insert the following new Clause—

 

“Inquests: intercept evidence

 

(1)    

In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)

 

(exceptions to section 17), after subsection (7)(c) insert—

 

“(d)    

a disclosure to a coroner or to a person appointed as counsel

 

to an inquest or to members of a jury or to any properly

 

interested person where—

 

(i)    

the coroner holding the inquest is a judge of the

 

High Court; and

 

(ii)    

the coroner has ordered the disclosure to be made

 

to—

 

(a)    

the coroner alone; or

 

(b)    

the coroner and, if he is satisfied that the

 

disclosure will not prejudice national

 

security, the person appointed as counsel to

 

the inquest or to members of a jury or to any

 

properly interested person; or

 

(c)    

the coroner and, if he is satisfied that it is

 

necessary to avoid prejudice to national

 

security, in redacted form to the person

 

appointed as counsel to the inquest or to

 

members of a jury or to any properly

 

interested person.”

 

(2)    

In that section, after subsection (8A) insert—

 

“(8B)    

A coroner shall not order a disclosure under subsection (7)(d)

 

except where the coroner is satisfied that the exceptional

 
 

 
 

5

 
 

circumstances of the case make the disclosure essential to enable the

 

matters that are required to be ascertained by the inquest to be

 

ascertained.”

 

(3)    

In that section, after subsection (11) insert—

 

“(11A)    

References in this section to a coroner apply only where the coroner

 

is a judge of the High Court.”

 

(4)    

This section has effect in relation to inquests that have begun, but have not

 

been concluded, before the day on which it comes into force as well as to

 

inquests beginning on or after that day.”

In the Title

LORDS AMENDMENT NO. 133

133

Line 7, after “inquiries” insert “and inquests”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 133 for the following Reason—

133A

Because sensitive material should not be disclosed to members of the public.

 

BARONESS MILLER OF CHILTHORNE DOMER

133B

Line 6, after second “to” insert “inquests and”

 
 

 
 

6

 

 
contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 24 November 2008