1 Introduction
1. The draft Enhanced Terrorism Prevention and Investigation
Measures Bill (ETPIMs Bill) has its roots in the Government's
Review of Counter-Terrorism and Security Powers published in January
2011.[1] This Review recommended
the repeal of the Prevention of Terrorism Act 2005 which had introduced
the control order regime. The Government acted on this recommendation
by introducing the Terrorism Prevention and Investigation Measures
Bill (TPIMs Bill) in 2011, which was passed the same year This
Bill was scrutinised by our colleagues in both Houses at the time
of its introduction.[2]
Our work draws upon, but does not directly comment on, prior parliamentary
scrutiny of the TPIMs Bill.
2. In addition to recommending the repeal of the
control order regime, the Government's Counter-Terrorism Review
noted that "there may be exceptional circumstances where
it could be necessary for the Government to seek parliamentary
approval for additional restrictive measures."[3]
To meet this recommendation, the Government has prepared—but
not introduced—the ETPIMs Bill. We were established as a
Joint Committee of both Houses in order to provide pre-legislative
scrutiny of the Bill so that, if in the Government's view "exceptional
circumstances" demanded its urgent introduction, Parliament
would have had some opportunity to comment on the legislation
and theoretically to allow expedited passage of this "emergency
legislation".
3. We were established following the passage of a
motion in both the House of Commons and the House of Lords on
28 June. The motions of our establishment originally required
us to conclude our work by no later than 9 November but in the
light of the complex issues raised during our work, we requested,
and received, a fortnight's extension to our reporting deadline.
This extension allowed us to take oral evidence from six panels
of witnesses without compromising our consideration of this Report.
We thank everyone who has contributed to our inquiry.
4. This Report can be broadly separated into two
main sections. In the first we examine the policy background leading
to the introduction of the Enhanced TPIMs Bill, the situations
in which the Government would consider these measures necessary
and the process by which this draft legislation would be formally
considered by Parliament. In the second section we focus on the
mechanics of the Bill as drafted and examine its effectiveness
as a preventative counter-terrorism measure.
1 Home Office, Review of Counter-Terrorism and Security
Powers: Review Findings and Recommendations, Cm8004, January 2011,
see in particular page 36-43. Back
2
See for example Joint Committee on Human Rights First Report of
Session 2010-12, Terrorism Prevention and Investigation Measures
Bill, 1 July 2011, HL180/HC1432; House of Commons Public Bill
Committee, Terrorism Prevention and Measures Bill 2010-11, PBC
Bill 193. Back
3
Review of Counter-Terrorism and Security Powers: Review Findings
and Recommendations, page 43, paragraph 27. Back
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