25.Clause 12 of the Bill introduces an enhanced notification regime for persons convicted of certain terrorism offences receiving a sentence of 12 months or more (registered terrorist offenders, or RTOs). These notification requirements can apply for between 10 and 30 years.
26.In light of the increased level of intrusion into private life, we recommended a periodic review of the necessity of the notification requirements. The Government does not agree that a review mechanism equivalent is necessary to ensure proportionality, or compatibility with Article 8 of the ECHR, as the notification requirements are not indefinite. Mindful of the European Court’s case law, we remain concerned that even though the notification requirements are not indefinite, 30 years is a significant period of time to be subject to intrusions into one’s private life.
27.We suggest the following amendment:
Page 14, line 36, at end insert–
“After section 53 (period for which notification requirements apply), insert
53A Review of the necessity and proportionality of notification
(1) A person to whom the notification requirements apply may apply to the chief officer of police for the area in which that person resides, for a determination that the person should no longer continue to be subject to the notification requirements (“an application for review”).
(2) An application for review may be made after a person has been subject to notification requirements for a period of 5 years and every 5 years thereafter, following a determination of the review.
(3) The chief officer of police to whom such an application for review is made shall review the necessity and proportionality of the notification requirements and shall make a decision as to whether that person should continue to be subject to the notification requirements.
(4) Where a determination has been made under subsection (3) that the person should no longer continue to be subject to the notification requirements, then that person is no longer subject to the notification requirements.
Where a determination has been made under subsection (3) that the person should continue to be subject to the notification requirements, the applicant has a full right of appeal to the Special Immigration Appeals Commission within 21 days of the date of decision”
Comment: this amendment introduces the right to apply for a review of the necessity and proportionality of notification requirements. If an application to that a person should no longer be subject to notification requirements is denied, this amendment provides a right of appeal against this decision to the Special Immigration Appeals Commission, which is used to dealing with closed material. There will of course need to be consequential amendments to widen the SIAC’s remit.
17 , para 49
Published: 12 October 2018