House of Commons Public Bill Committee Proceedings

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 23 November 2010
8

Terrorist Asset-Freezing etc. Bill [Lords], continued

Dr Julian Huppert

Tom Brake

Withdrawn  5

Clause  31,  page  15,  line  25,  at end insert—

‘( )
A person may not be appointed under subsection (1) unless—

(a)
the Secretary of State lays a report before both Houses of Parliament

which recommends the person and sets out the process by which he was

chosen,

(b)
a Minister of the Crown tables a motion in both Houses to approve the

report laid under this subsection, and appoint the person, and

(c)
such a motion is agreed by a resolution of both Houses of Parliament.’.

Dr Julian Huppert

Tom Brake

Not called  6

Clause  31,  page  15,  line  31,  leave out ‘send the Treasury a’.

Dr Julian Huppert

Tom Brake

Not called  7

Clause  31,  page  15,  line  32,  after ‘report’, insert ‘to Parliament’.

Dr Julian Huppert

Tom Brake

Not called  8

Clause  31,  page  15,  line  34,  leave out subsection (4).

Dr Julian Huppert

Tom Brake

Not called  9

Clause  31,  page  15,  line  37,  at end add—

‘( )
Appointment under subsection (1) shall be for a non-renewable term of five

years.’.

Clause Agreed to.

Dr Julian Huppert

Not selected  37

Clause  32,  page  16,  line  6,  leave out ‘10 or’.

Clause Agreed to.

Clauses 33 to 41 Agreed to.

Public Bill Committee Proceedings: 23 November 2010
9

Terrorist Asset-Freezing etc. Bill [Lords], continued

Dr Julian Huppert

Not selected  38

Clause  42,  page  21,  line  37,  at end insert—

‘“organisation” includes any association or combination of persons;’.

Dr Julian Huppert

Not selected  39

Clause  42,  page  21,  line  37,  at end insert—

‘“Terrorism” has the same meaning as in The Terrorism Act 2000 (see section 1(1) to (4)

of that Act);’.

Dr Julian Huppert

Not selected  40

Clause  42,  page  21,  line  38,  at end insert—

      ‘“the court”—

(a)
in relation to proceedings relating to a designation in the case of which

the designated person is a person whose principal place of residence is in

Scotland, means the Outer House of the Court of Session;

(b)
in relation to proceedings relating to a designation in the case of which

the designated person is a person whose principal place of residence is in

Northern Ireland, means the High Court in Northern Ireland; and

(c)
in any other case, means the High Court in England and Wales;’.

Clause Agreed to.

Clauses 43 to 55 Agreed to.

Mr Mark Hoban

Agreed to  41

Clause  56,  page  27,  line  27,  leave out subsection (2).

Clause, as amended, Agreed to.

New ClAUSES

Court’s power to make pre-arrest designations

Dr Julian Huppert

Not selected  NC1

To move the following Clause:—

‘(1)
A court may make a designation of an individual for the purposes of this Part if—

(a)
the Treasury has made an application for designation of the individual;

(b)
an arrest warrant has been issued against the individual in respect of a

terrorism offence but the individual has not yet been arrested; and

Public Bill Committee Proceedings: 23 November 2010
10

Terrorist Asset-Freezing etc. Bill [Lords], continued

(c)
the court considers that it is necessary for purposes connected with

protecting members of the public from terrorism that financial

restrictions should be applied in relation to the individual.

(2)
For this purpose a “terrorism offence” means any one or more of the following—

(a)
an offence for the time being listed in section 41(1) of the Counter-

Terrorism Act 2008;

(b)
an offence for the time being listed in Schedule 2 of the Counter-

Terrorism Act 2008 that has a terrorist connection.

(3)
For the purposes of this Part an offence has a terrorist connection if the offence—

(a)
is, or takes place in the course of, an act of terrorism, or

(b)
is committed for the purposes of terrorism.’.

Notice of pre-arrest designation

Dr Julian Huppert

Not selected  NC2

To move the following Clause:—

‘(1)
The hearing of an application under section 2 may take place in the absence of the

individual in question and without the individual having been notified of the

application.

(2)
Where a designation is made under section 2 the Treasury must give written

notice of the designation to the designated individual unless the court considers

the disclosure of the designation should be restricted for reasons connected with

the prevention or detection of serious crime or the apprehension of the

individual.’.

Duration of pre-arrest designation

Dr Julian Huppert

Not selected  NC3

To move the following Clause:—

‘(1)
A designation made under section 2 or renewed under subsection (2) expires—

(a)
7 days beginning with the date on which it was made or renewed, or

(b)
on the making of a designation under section 6 in relation to the same

individual,

whichever is the earlier.

(2)
The court may renew a designation made under section 2 at any time before it

expires if—

(a)
the requirements in section 2(1) continue to be met, and

Public Bill Committee Proceedings: 23 November 2010
11

Terrorist Asset-Freezing etc. Bill [Lords], continued

(b)
the court is satisfied that reasonable steps have been taken to execute the

arrest warrant.’.

Court’s power to designate organisations

Dr Julian Huppert

Not selected  NC4

To move the following Clause:—

‘(1)
The court may designate an organisation for the purpose of this Part if—

(a)
the Treasury has made an application for designation of the organisation;

(b)
the court reasonably believes the organisation is concerned in terrorism;

and

(c)
the court considers that it is necessary for purposes connected with

protecting members of the public from terrorism that financial

restrictions should be applied in relation to the organisation.

(2)
For the purposes of subsection (1) an organisation is concerned in terrorism if it—

(a)
commits or participates in acts of terrorism,

(b)
prepares for terrorism,

(c)
is otherwise concerned in terrorism.’.

Court’s power to make designations against individuals

Dr Julian Huppert

Not selected  NC5

To move the following Clause:—

‘(1)
A court may make a designation of an individual for the purposes of this Part if

the Treasury has made an application for designation of the individual and the

following two conditions are met.

(2)
The first condition is that—

(a)
the individual has been arrested for a terrorism offence but proceedings

for the offence have not yet been started against the individual;

(b)
the individual has been charged with a terrorism offence but proceedings

have not been concluded against the individual; or

(c)
the individual has been convicted of a terrorism offence.

(3)
The second condition is that the court considers that it is necessary for purposes

connected with protecting members of the public from terrorism that financial

restrictions should be applied in relation to the individual.

(4)
For this purpose a “terrorism offence” means any one or more of the following—

(a)
an offence for the time being listed in section 41(1) of the Counter-

Terrorism Act 2008;

(b)
an offence for the time being listed in Schedule 2 of the Counter-

Terrorism Act 2008 that has a terrorist connection; or

Public Bill Committee Proceedings: 23 November 2010
12

Terrorist Asset-Freezing etc. Bill [Lords], continued

(c)
conduct committed outside the United Kingdom which would, if carried

out in any part of the United Kingdom, have constituted an offence as

described in paragraphs (a) and (b).

(5)
For the purposes of this Part an offence has a terrorist connection if the offence—

(a)
is, or takes place in the course of, an act of terrorism, or

(b)
is committed for the purposes of terrorism.’.

Notice of application for designation

Dr Julian Huppert

Not selected  NC6

To move the following Clause:—

‘(1)
If an application under section 5 or 6 is made without the respondent being given

notice the court must either—

(a)
dismiss the application, or

(b)
adjourn the proceedings.

(2)
If the court adjourns the proceedings—

(a)
it may make an interim designation if it thinks it necessary to do so; and

(b)
the interim designation continues in effect until the full hearing of the

application.

(3)
In this section “full hearing” means a hearing of which notice has been given to

the respondent in accordance with rules of court.

(4)
An interim designation is to be treated as a designation for the purposes of this

Part.’.

Duration of designation

Dr Julian Huppert

Not selected  NC7

To move the following Clause:—

‘(1)
A designation made under section 5 (organisations) expires at the end of the

period of one year beginning with the date on which it was made, unless renewed.

(2)
A designation made under section 6 (individuals) expires—

(a)
in the case of designation of an individual arrested for a terrorism offence

where proceedings had not yet started—

(i)
at such time as the court determines;

(ii)
two weeks after the proceedings for the terrorism offence for

which the individual was arrested have started; or

(iii)
2 months from the date the individual was arrested;


whichever is sooner;

(b)
in the case of an individual who has been charged with a terrorism

offence but proceedings have not been concluded, at the conclusion or

Public Bill Committee Proceedings: 23 November 2010
13

Terrorist Asset-Freezing etc. Bill [Lords], continued

discontinuation of the proceedings or at such earlier time as the court

determines;

(c)
in the case of an individual convicted of a terrorism offence, at such time

as the court determines.

(3)
The court may renew a designation made under section 5 or 6 at any time before

it expires, if the requirements in section 5 and 6 continue to be met.

(4)
A renewed designation is to be treated in the same way as a designation and

expires in accordance with subsection (1) or (2).

(5)
Where a designation expires the Treasury must give written notice of that fact to

the designated individual or organisation.’.

Variation or revocation of designation

Dr Julian Huppert

Not selected  NC8

To move the following Clause:—

‘The court may vary or revoke a designation made under this Part if—

(a)
the Treasury or a designated person make an application to vary or

revoke the designation; and

(b)
the court considers it is appropriate to vary or revoke the designation.’.

Rules of court on notification

Dr Julian Huppert

Not selected  NC9

To move the following Clause:—

‘Rules of court relating to designations made under this Part must secure that the

Treasury must publicise the designation where the court considers it necessary

and appropriate to do so.’.

Dr Julian Huppert

Tom Brake

Not called  4

Schedule  1,  page  29,  line  28,  at end insert—

‘(fa)
leave out rule 79.2.’.

Schedules 1 and 2 Agreed to.

Public Bill Committee Proceedings: 23 November 2010
14

Terrorist Asset-Freezing etc. Bill [Lords], continued

Mr Mark Hoban

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

                                                                   Agreed to

Bill, as amended, to be reported.



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