House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 10th June 2008
2580

Counter-Terrorism Bill, continued

Control orders: proportionality of procedural protection

Mr Andrew Dismore

Dr Evan Harris

John Austin

Mr Virendra Sharma

John McDonnell

Mr Dai Havard

Total signatories: 9

Mr Elfyn Llwyd

NC14

To move the following Clause:—

‘After subsection 3(11) of the Prevention of Terrorism Act 2005 there is

inserted—

“(11A)
In a hearing to determine whether the Secretary of State’s decision is

flawed, the controlled person is entitled to such measure of procedural

protection as is commensurate with the gravity of the potential

consequences of the order for the controlled person.”’.

Control orders: power of special advocates to call expert witnesses

Mr Andrew Dismore

Dr Evan Harris

John Austin

Mr Virendra Sharma

John McDonnell

Mr Dai Havard

Total signatories: 9

Mr Elfyn Llwyd

NC15

To move the following Clause:—

‘After paragraph 4(3)(e) of the Schedule to the Prevention of Terrorism Act 2005

there is inserted—

“(ea)
that, where permission is given by the relevant court not to

disclose material, persons appointed under paragraph 7 may call

witnesses to rebut the closed material.”’.

Consideration of Bill: 10th June 2008
2581

Counter-Terrorism Bill, continued

Control orders: maximum duration

Mr Andrew Dismore

Dr Evan Harris

John Austin

Mr Virendra Sharma

John McDonnell

Mr Dai Havard

Total signatories: 9

Mr Elfyn Llwyd

NC16

To move the following Clause:—

‘After section 3 of the Prevention of Terrorism Act 2005 there is inserted—

“3A
Duration of non-derogating control orders

A non-derogating control order ceases to have effect at the end of the

period of two years from the date on which it was made, unless there are

exceptional circumstances justifying its renewal.”’.

Collection of information: defences

Mr Douglas Hogg

Mr Elfyn Llwyd

NC17

To move the following Clause:—

‘(1)
Section 58 of the Terrorism Act 2000 (c. 11) (collection of information) is

amended as follows.

(2)
In subsection (3), at end insert—


“or that at the time of the alleged offence he did not know and had no

reason to know that the information was of a kind likely to be useful to a

person committing or preparing an act of terrorism or that at the time of

the alleged offence it was in the public interest for him to collect or make

a record of such information or for him to possess such a document or

record.”’.

Disclosure and the intelligence services: safeguards

Mr Andrew Dismore

Dr Evan Harris

John Austin

Mr Virendra Sharma

NC34

To move the following Clause:—

Consideration of Bill: 10th June 2008
2582

Counter-Terrorism Bill, continued

‘Information disclosed by virtue of sections 19(3)(c), 19(4)(d) or 19(5)(b) which

has been obtained from authorities or persons outside England and Wales, must

be accompanied by a statement—

(a)
for section 19(3)(c), from the Director of the Security Service,

(b)
for section 19(4(d), from the Chief of the Intelligence Service,

(c)
for section 19(5)(b), from the Director of GCHQ,

setting out the steps taken to ascertain the circumstances in which such

information was obtained and that it had not been obtained by torture.’.

Mr Dominic Grieve

David Davis

Mr Crispin Blunt

6

Page  3,  line  12  [Clause  3],  at end insert ‘and the taking of such steps necessary to

ensure that any information contained in the item is not allowed to prejudice the

investigation or trial of any person.’.

Secretary Jacqui Smith

47

Page  3,  line  23  [Clause  4],  leave out ‘as soon as is reasonably practicable’.

Secretary Jacqui Smith

48

Page  3,  line  23  [Clause  4],  at end insert—

‘( )
The record must be made as soon as is reasonably practicable and in any event

within the period of 24 hours beginning with the time when the document was

removed.’.

Mr Dominic Grieve

David Davis

Mr Crispin Blunt

7

Page  4,  line  13  [Clause  4],  at end insert ‘and in any event within 24 hours.’.

Secretary Jacqui Smith

49

Page  4,  line  24  [Clause  5],  at end insert ‘if satisfied that—

(a)
the examination of the document is being carried out expeditiously, and

(b)
it is necessary to continue the examination for the purpose of ascertaining

whether the document is one that may be seized.’.

Secretary Jacqui Smith

50

Page  4,  line  33  [Clause  6],  at end insert—

‘(1A)
Where—

Consideration of Bill: 10th June 2008
2583

Counter-Terrorism Bill, continued

(a)
a document is retained by virtue of section 5, and

(b)
a request for a copy of the document is made to the officer in charge of

the investigation by a person within subsection (2),


that person must be provided with a copy of the document within a reasonable

time from the making of the request, subject to subsection (3).’.

Secretary Jacqui Smith

51

Page  4,  line  34  [Clause  6],  leave out ‘such a request’ and insert ‘a request under

subsection (1) or (1A)’.

Secretary Jacqui Smith

52

Page  5,  line  1  [Clause  6],  after ‘document’, insert ‘, or (as the case may be) refuse

to provide a copy of it,’.

Mr Douglas Hogg

17

Page  5,  line  9  [Clause  6],  at end insert—

‘(3A)
Nothing in subsection (3) shall prevent the access to any item which is subject to

legal privilege and which is retained by virtue of section 3(4) where such access

is requested by any person mentioned in subsection (2).’.

Secretary Jacqui Smith

53

Page  5,  line  18  [Clause  7],  after ‘that’, insert ‘—

(a)
a document may be copied for the purpose of providing a copy in

response to a request under section 6(1A), and

(b)
.’.

Secretary Jacqui Smith

54

Page  5,  line  21  [Clause  7],  leave out ‘such copy’ and insert ‘copy under subsection

(1)(b)’.

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Mr Paul Burstow

Total signatories: 7

110

Page  7,  line  11  [Clause  10],  leave out subsection (4).

Consideration of Bill: 10th June 2008
2584

Counter-Terrorism Bill, continued

Mr Dominic Grieve

David Davis

Mr Crispin Blunt

8

Page  7,  line  15  [Clause  10],  after ‘taken’, insert ‘for a maximum period of five

years’.

Mr Douglas Hogg

18

Page  15,  line  17  [Clause  19],  at end insert—

‘(7A)
Nothing in this section shall authorise or require the disclosure of any information

by a person who came into possession of that information in his capacity as a

professional legal adviser and the information was obtained in any of the

circumstances that are set out in sections 19(5) and (6) of the Terrorism Act

2000.’.

Mr Andrew Dismore

Dr Evan Harris

John Austin

Mr Virendra Sharma

Mr Elfyn Llwyd

106

Page  15,  line  29  [Clause  20],  at end insert ‘or

(c)
breaches—

(i)
the Human Rights Act 1998 (c. 42),

(ii)
the UN Convention Against Torture, or

(iii)
any other relevant international obligation concerning the

disclosure and use of information.’.

Secretary Jacqui Smith

55

Page  15,  line  33  [Clause  20],  leave out subsection (4).

Secretary Jacqui Smith

57

Page  17,  line  12  [Clause  24],  at end insert—

‘( )
The questioning of a person under this section —

(a)
must be authorised in the first instance by an officer of at least the rank

of superintendant, and may be so authorised for a maximum of 24 hours

in total; and

(b)
must subsequently be authorised by a justice of the peace, and may be so

authorised—

(i)
on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

(ii)
on subsequent application, for further periods each of up to five

days in total.

Consideration of Bill: 10th June 2008
2585

Counter-Terrorism Bill, continued

( )
A justice of the peace must not authorise the questioning of a person under this

section unless satisfied—

(a)
that further questioning of the person is necessary in the interests of

justice, and

(b)
that the investigation for the purposes of which the further questioning is

proposed is being conducted diligently and expeditiously.’.

Mr Dominic Grieve

David Davis

Mr Crispin Blunt

Mr Elfyn Llwyd

16

Page  17,  line  12  [Clause  24],  at end insert—

‘(3A)
Subject to subsections (3B) to (3E) a constable may question a person about a

related terrorism offence where the person has already been charged with, or been

officially informed that they may be prosecuted for, a terrorism offence.

(3B)
A police officer of at least the rank of superintendent may make an application to

a judge of the Crown Court for permission to allow a constable to question a

person under subsection (2), if the police officer reasonably believes that the

person may be charged with a related terrorism offence.

(3C)
A judge may grant permission for further questioning under subsection (2) only

if satisfied by evidence that:

(a)
there are reasonable grounds for believing that the original charge was

appropriate to bring; and

(b)
it is in the interests of justice to allow further questioning in the

circumstances.

(3D)
Where a judge grants permission for further questioning under subsection (2C) he

shall make such directions as he considers appropriate with regard to:

(a)
the maximum permitted period for further questioning;

(b)
the total length of time over which further questioning is permitted; or

(c)
any other directions as required in the interests of justice.

(3E)
A “related terrorism offence” means a terrorism offence arising in whole or in

part from the same set of facts as the offence with which the person has already

been charged, or officially informed that they may be prosecuted.’.

Mr Dominic Grieve

David Davis

Mr Crispin Blunt

Mr Elfyn Llwyd

15

Page  17,  line  40  [Clause  25],  at end insert—

‘(3A)
A police officer of at least the rank of superintendent may make an application to

a judge of the High Court for permission to allow a constable to question a person

under subsections (2) and (3) above if the police officer believes that the person

may be charged with a related terrorism offence.

(3B)
A judge may grant permission for further questioning under subsection (2) and

(3) only if he is satisfied by evidence that—

(a)
there are reasonable grounds for believing that the original charge was

appropriate to bring;

(b)
it is in the interests of justice to allow further questioning in the

circumstances; and

(c)
that further questioning would not be oppressive.

Consideration of Bill: 10th June 2008
2586

Counter-Terrorism Bill, continued

(3C)
Where a judge grants permission for further questioning under subsection (3B) he

shall make such directions as he considers appropriate with regard to—

(a)
the maximum permitted period for further questioning;

(b)
the total length of time over which further questioning is permitted; or

(c)
any other directions in the interests of justice,


and these directions shall be subject to variation on application by either party to

the same court.

(3D)
A “related terrorism offence” means a terrorism offence arising in whole or in

part from the same set of facts as the offence with which the person has already

been charged, or officially informed that they may be prosecuted.’.

Secretary Jacqui Smith

58

Page  17,  line  42  [Clause  25],  at end insert—

‘( )
The questioning of a person under this section —

(a)
must be authorised in the first instance by a constable of at least the rank

of superintendant, and may be so authorised for a maximum of 24 hours

in total; and

(b)
must subsequently be authorised by the sheriff, and may be so

authorised—

(i)
on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

(ii)
on subsequent application, for further periods each of up to five

days in total.

( )
The sheriff must not authorise the questioning of a person under this section

unless satisfied—

(a)
that further questioning of the person is necessary in the interests of

justice, and

(b)
that the investigation for the purposes of which the further questioning is

proposed is being conducted diligently and expeditiously.’

Secretary Jacqui Smith

59

Page  18,  line  7  [Clause  26],  at end insert—

‘( )
The questioning of a person under this section —

(a)
must be authorised in the first instance by an officer of at least the rank

of superintendant, and may be so authorised for a maximum of 24 hours

in total; and

(b)
must subsequently be authorised by a justice of the peace, and may be so

authorised—

(i)
on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

(ii)
on subsequent application, for further periods each of up to five

days in total.

( )
A justice of the peace must not authorise the questioning of a person under this

section unless satisfied—

(a)
that further questioning of the person is necessary in the interests of

justice, and