House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

569

House of Commons

Wednesday 11th June 2008

Report Stage Proceedings

Counter-Terrorism Bill, As Amended

[second DAY]

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

schedules Relating to Pre-charge Detention; remaining proceedings on

consideration

Grave exceptional terrorist threat

Secretary Jacqui Smith

Added  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):—

Report Stage Proceedings: 11th June 2008
570

Counter-Terrorism Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Not called  (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

Added on division  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

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

Added on division (with NC21)  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—

Report Stage Proceedings: 11th June 2008
571

Counter-Terrorism Bill, continued

(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,


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

Added on division (with NC21)  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).

Report Stage Proceedings: 11th June 2008
572

Counter-Terrorism Bill, continued

(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.’.

Statement to be laid before Parliament

Secretary Jacqui Smith

Added on division (with NC21)  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

Added on division (with NC21)  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

Report Stage Proceedings: 11th June 2008
573

Counter-Terrorism Bill, continued

(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

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

Parliamentary scrutiny: prorogation and adjournment

Secretary Jacqui Smith

Added on division (with NC21)  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

Added on division (with NC21)  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.

Report Stage Proceedings: 11th June 2008
574

Counter-Terrorism Bill, continued

(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.’.

Independent review and report

Secretary Jacqui Smith

Added on division (with NC21)  NC29

To move the following Clause:—

‘(1)
After the end of any period during which an order was in force under section

[Power to declare reserve power exercisable], the person appointed under section

36 of the Terrorism Act 2006 (c. 11) (review of terrorism legislation) must—

(a)
carry out a review in accordance with this section, and

(b)
send a report on the outcome of the review to the Secretary of State.

(2)
The review must consider—

(a)
whether before making the order the Secretary of State 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),

and

(b)
what information was before the Secretary of State as to the matters

mentioned in the statement required by section [Statement to be laid

before Parliament] (statement to be laid before Parliament),


and the report must state whether in the opinion of the person carrying out the

review the decision of the Secretary of State to make the order was, in all the

circumstances, reasonable.

(3)
The review must consider the case of every person who was detained in

pursuance of a warrant of further detention in which the specified period was

extended beyond 28 days.

(4)
The report must state with respect to each case whether in the opinion of the

person carrying out the review—

(a)
the procedures applicable to the making of an application to extend

beyond 28 days the period specified in a warrant of further detention

were properly followed, and

(b)
the requirements of—

(i)
Parts 1 and 2 of Schedule 8 to the Terrorism Act 2000 (c. 11)

(treatment of detained persons and review of detention), and

(ii)
any applicable code of practice under section 66 of the Police and

Criminal Evidence Act 1984 (c. 60) or Article 65 of the Police

and Criminal Evidence (Northern Ireland) Order 1989 (S.I.

1989/1341 (N.I. 12)),


were complied with.

Report Stage Proceedings: 11th June 2008
575

Counter-Terrorism Bill, continued

(5)
The Secretary of State may pay the expenses of the person who conducts a review

under this section and also such allowances as the Secretary of State determines.

(6)
The report under this section relating to any period during which an order under

section [Power to declare reserve power exercisable] was in force must be sent

to the Secretary of State not later than six months after the order ceased to be in

force.

(7)
The Secretary of State must lay a copy of the report before Parliament as soon as

reasonably practicable.

(8)
In this section “warrant of further detention” and “the specified period” (in

relation to such a warrant) have the meaning they have in Schedule 8 to the

Terrorism Act 2000.’.

Amendment to the Civil Contingencies Act 2004

Secretary Jacqui Smith

Added on division (with NC21)  NC30

To move the following Clause:—

In section 23 of the Civil Contingencies Act 2004 (c. 36) (limitations of

emergency regulations), after subsection (4) (provision that may not be made)

insert—

“(4A)
In subsection (4)(d) the reference to alteration of procedure in relation to

criminal proceedings includes alteration of the period for which a person

may be detained under section 41 of the Terrorism Act 2000 (arrest

without warrant of terrorist suspect).”’.

Independent legal advice

Secretary Jacqui Smith

Added on division (with NC21)  NC32

To move the following Clause:—

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

exercisable] the Secretary of State must obtain for the purposes of sections

[Notification of chairmen of certain committees] and [Statement to be laid before

Parliament] independent legal advice as to whether the Secretary of State can

properly be satisfied of the matters mentioned in section [Statement to be laid

before Parliament](2).

(2)
“Independent legal advice” means advice from a lawyer other than a government

lawyer.

(3)
A “lawyer” means—

(a)
as respects England and Wales, a person who, for the purposes of the

Legal Services Act 2007, is an authorised person in relation to an activity

which constitutes the exercise of a right of audience or the conduct of

litigation (within the meaning of that Act);