House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 10th June 2008
2601

Counter-Terrorism Bill, continued

senior judge’ and insert ‘the Secretary of State’.

Secretary Jacqui Smith

71

Page  48,  line  14  [Clause  67],  at end insert—

‘(5)
A reference in a provision of this section or section 18C to “the nominated senior

judge” is to the senior judge nominated by the Lord Chief Justice of England and

Wales for the purposes of that provision.

(6)
In subsection (5) “senior judge” means—

(a)
the Master of the Rolls,

(b)
the President of the Queen’s Bench Division,

(c)
the President of the Family Court,

(d)
the Chancellor of the High Court, or

(e)
a Lord Justice of Appeal in England and Wales.’.

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Mr Paul Burstow

Total signatories: 8

Mr Elfyn Llwyd

120

Page  48,  line  32  [Clause  67],  at end insert—

‘( )
must hold the inquest in the same district,’.

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Mr Paul Burstow

Total signatories: 7

121

Page  48,  line  40  [Clause  67],  leave out ‘Secretary of State’ and insert ‘Lord Chief

Justice of England and Wales or the nominated senior judge’.

Mr Douglas Hogg

38

Page  48,  line  46  [Clause  67],  leave out from ‘to’ to end of line 47 and insert ‘the

affirmative resolution procedure.’.

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

Mr Douglas Hogg

39

Page  49,  line  1  [Clause  67],  after ‘may’, insert ‘, with the prior consent of the Lord

Chief Justice of England and Wales,’.

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Mr Paul Burstow

Total signatories: 7

122

Page  49,  line  8  [Clause  67],  leave out ‘Secretary of State’ and insert ‘Lord Chief

Justice of England & Wales or the nominated senior judge’.

Mr Douglas Hogg

40

Page  49,  line  8  [Clause  67],  after ‘may’, insert ‘, with the prior consent of the Lord

Chief Justice of England and Wales,’.

Secretary Jacqui Smith

72

Page  49  [Clause  67 ],  leave out lines 10 and 11.

Secretary Jacqui Smith

73

Page  49,  line  12  [Clause  67],  after ‘coroner’s’, insert ‘incapacity or’.

Secretary Jacqui Smith

74

Page  49,  line  15  [Clause  67],  at end insert—

‘( )
The Secretary of State may revoke an appointment under subsection (1) only if

the Lord Chief Justice of England and Wales or the nominated senior judge agrees

to the revocation.’.

Mr Dominic Grieve

David Davis

Mr Crispin Blunt

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

10

Page  50,  line  4,  leave out Clause 69.

New Clauses, amendments to clauses, new schedules and amendments to

schedules Relating to Pre-charge Detention; remaining proceedings on

Consideration of Bill: 10th June 2008
2603

Counter-Terrorism Bill, continued

consideration

Grave exceptional terrorist threat

Secretary Jacqui Smith

NC20

To move the following Clause:—

‘(1)
In this Act “grave exceptional terrorist threat” means an event or situation

involving terrorism which causes or threatens—

(a)
serious loss of human life,

(b)
serious damage to human welfare in the United Kingdom, or
5
(c)
serious damage to the security of the United Kingdom.

(2)
For the purposes of subsection (1)(b) an event or situation causes or threatens

damage to human welfare only if it causes or threatens—

(a)
human illness or injury,

(b)
homelessness,
10
(c)
damage to property,

(d)
disruption of a supply of money, food, water, energy or fuel,

(e)
disruption of a system of communication,

(f)
disruption of facilities for transport, or

(g)
disruption of services relating to health.
15
(3)
The event or situation mentioned in subsection (1)—

(a)
may occur or be inside or outside the United Kingdom, and

(b)
may consist in planning or preparation for terrorism which if carried out

would meet one or more of the conditions in that subsection.’.

As an Amendment to Secretary Jacqui Smith’s proposed New Clause (Grave

exceptional terrorist threat) (NC20):—

Mr Andrew Dismore

Dr Evan Harris

(a)

Line  2,  leave out from ‘which’ to end and insert ‘amounts to a public emergency

threatening the life of the nation, in accordance with Article 15 of the European

Convention on Human Rights.’.

Power to declare reserve power exercisable

Secretary Jacqui Smith

NC21

To move the following Clause:—

‘(1)
The Secretary of State may by order declare that the power conferred by Part 4 of

Schedule 8 to the Terrorism Act 2000 (c. 11), inserted by Schedule [Amendments

relating to period of pre-charge detention] to this Act, to apply for and extend

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

detention under section 41 of that Act beyond 28 days (“the reserve power”) is

exercisable.

(2)
No such order may be made unless—

(a)
an order is already in force under section 25 of the Terrorism Act 2006

(c. 11) (extension of maximum period of detention to 28 days), and

(b)
the Secretary of State has received a report complying with the

requirements of section [Report of operational need for further extension

of maximum period of detention] (report of operational need for further

extension of maximum period of detention).

(3)
The effect of an order under this section is that the reserve power is exercisable

in the case of all persons—

(a)
then detained under section 41 of that Act, or

(b)
subsequently detained under that section at a time when the order is in

force.’.

Report of operational need for further extension of maximum period of detention

Secretary Jacqui Smith

NC22

To move the following Clause:—

‘(1)
The report required by section [Power to declare reserve power exercisable]

(2)(b) is a report by—

(a)
the Director of Public Prosecutions and the chief officer of a police force

in England and Wales,

(b)
the Crown Agent and the chief constable of a police force in Scotland, or

(c)
the Director of Public Prosecutions for Northern Ireland and the Chief

Constable of the Police Service of Northern Ireland,


to the following effect.

(2)
The report must—

(a)
state that each of the persons making the report is satisfied that there are

reasonable grounds for believing that the detention of one or more

persons beyond 28 days will be necessary for one or more of the purposes

mentioned in subsection (3) below, and

(b)
give details of the grounds for that belief.

(3)
The purposes referred to in subsection (2)(a) are—

(a)
to obtain, whether by questioning or otherwise, evidence that relates to

the commission by the detained person or persons of a serious terrorist

offence,

(b)
to preserve such evidence, or

(c)
pending the result of an examination or analysis of any such evidence or

of anything the examination or analysis of which is to be or is being

carried out with a view to obtaining such evidence.

(4)
In subsection (3)(a) a “serious terrorist offence” means—

(a)
an offence under the Terrorism Act 2000 (c. 11) or the Terrorism Act

2006 (c. 11), or

(b)
any offence that has a terrorist connection,

Consideration of Bill: 10th June 2008
2605

Counter-Terrorism Bill, continued


in respect of which an offender who has attained the age of 21 (in England and

Wales, 18) is liable on conviction to a sentence of imprisonment for life.

(5)
The report must also state that each of the persons making the report is satisfied

that the investigation in connection with which the detained person or persons is

or are detained is being conducted diligently and expeditiously.

(6)
Until the coming into force of section 61 of the Criminal Justice and Court

Services Act 2000 (c. 43) (abolition of sentences of custody for life etc),

subsection (4) has effect with the omission of the words “(in England and Wales,

18)”.’.

Notification of chairmen of certain committees

Secretary Jacqui Smith

NC24

To move the following Clause:—

‘(1)
The Secretary of State must on making an order under section [Power to declare

reserve power exercisable] forthwith notify—

(a)
the chairman of the Home Affairs Committee of the House of Commons,

(b)
the chairman of the Joint Committee on Human Rights, and

(c)
the chairman of the Intelligence and Security Committee.

(2)
The Secretary of State must also, as soon as reasonably practicable, provide each

of those persons with a copy of—

(a)
the report received under section [Report of operational need for further

extension of maximum period of detention] (report on operational need

for further extension of maximum period of detention), and

(b)
the legal advice obtained under section [Independent legal advice]

(independent legal advice).

(3)
The information received under subsection (1) and the documents received under

subsection (2) are to be held by the recipients subject to the terms of their oath as

a privy counsellor (or if any recipient is not a privy counsellor, on corresponding

terms).

(4)
The references in subsection (1) to the Home Affairs Committee of the House of

Commons and the Joint Committee on Human Rights shall—

(a)
if the name of the Committee is changed, be taken (subject to paragraph

(b)) to be references to the Committee by its new name;

(b)
if the functions of the Committee at the passing of this Act (or functions

substantially corresponding to those functions) become functions of a

different committee, be taken to be references to the committee by whom

the functions are for the time being exercisable.’.

Consideration of Bill: 10th June 2008
2606

Counter-Terrorism Bill, continued

Statement to be laid before Parliament

Secretary Jacqui Smith

NC25

To move the following Clause:—

‘(1)
After making an order under section [Power to declare reserve power

exercisable] the Secretary of State must lay before Parliament a statement to the

following effect.

(2)
The statement must state that the Secretary of State is satisfied—

(a)
that a grave exceptional terrorist threat has occurred or is occurring,

(b)
that the reserve power is needed for the purpose of investigating the

threat and bringing to justice those responsible,

(c)
that the need for that power is urgent, and

(d)
that the provision in the order is compatible with Convention rights

(within the meaning of section 1 of the Human Rights Act 1998 (c. 42)).

(3)
The statement may include such other information as to the reasons for the

decision to make the order as appears to the Secretary of State to be appropriate.

(4)
The statement must not include—

(a)
the name of any person then detained under section 41 of the Terrorism

Act 2000 (c. 11), or

(b)
any material that might prejudice the prosecution of any person.

(5)
The statement must be laid before Parliament within two days after the day on

which the order was made or, if that is not practicable, as soon as is practicable.’.

Parliamentary scrutiny

Secretary Jacqui Smith

NC26

To move the following Clause:—

‘(1)
Where an order under section [Power to declare reserve power exercisable] is

made—

(a)
the Secretary of State must as soon as is reasonably practicable lay the

order before Parliament, and

(b)
the order shall lapse at the end of the period of seven days beginning with

the date of laying unless during that period each House of Parliament

passes a resolution approving it.

(2)
If the order lapses under this section, the officer having custody of a person whose

detention—

(a)
was authorised by virtue of the reserve power, and

(b)
is not otherwise authorised by law,


must release that person immediately.

(3)
Nothing in this section—

(a)
prevents the making of a new order, or

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

(b)
affects anything done by virtue of the order before it lapsed.’.

Parliamentary scrutiny: prorogation and adjournment

Secretary Jacqui Smith

NC27

To move the following Clause:—

‘(1)
If when an order is made under section [Power to declare reserve power

exercisable] Parliament stands prorogued to a day after the end of the period of

five days beginning with the date on which the order is made, Her Majesty shall

by proclamation under the Meeting of Parliament Act 1797 (c. 127) require

Parliament to meet on a specified day within that period.

(2)
If when an order is made under that section the House of Commons stands

adjourned to a day after the end of the period of five days beginning with the date

on which the order is are made, the Speaker of the House of Commons shall

arrange for the House to meet on a day during that period.

(3)
If when an order is made under that section the House of Lords stands adjourned

to a day after the end of the period of five days beginning with the date on which

the order is made, the Speaker of the House of Lords shall arrange for the House

to meet on a day during that period.

(4)
In subsections (2) and (3) a reference to the Speaker of the House of Commons

or the Speaker of the House of Lords includes a reference to a person authorised

by Standing Orders of the House of Commons or of the House of Lords to act in

place of the Speaker of the House of Commons or the Speaker of the House of

Lords in respect of the recall of the House during adjournment.’.

Duration

Secretary Jacqui Smith

NC28

To move the following Clause:—

‘(1)
An order under section [Power to declare reserve power exercisable] lapses at the

end of the period of 30 days beginning with the day on which the order was made.

(2)
If an order lapses under this section, the officer having custody of a person whose

detention—

(a)
was authorised by virtue of the reserve power, and

(b)
is not otherwise authorised by law,


must release that person immediately.

(3)
Nothing in this section—

(a)
prevents the making of a new order, or

(b)
affects anything done by virtue of the order before it lapsed.’.