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House of Lords

Session 1999-2000 Publications on the internet Other Bills before Parliament Amendments to the Terrorism Bill

Terrorism Bill - Amendments to be debated in the House of Lords Here you can browse the Supplement (a) to the Marshalled List of Amendments to the Terrorism Bill to be moved in Committee in the House of Lords.

	Clause 18
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
	Page 8, line 40, after ("control") insert ("by himself or ")
	Clause 19
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
	Page 9, line 8, at end insert (", or is likely to commit an offence,")
	Page 9, line 25, at end insert ("and reasonably believed that his employer would ensure the disclosure to a constable")
	Page 9, line 42, leave out ("a thing") and insert ("money or other property")
	Page 9, line 45, leave out ("thing") and insert ("money or other property")
	Clause 25
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
	Page 12, line 26, leave out ("to which this section applies")
	Page 12, line 36, leave out subsection (3)
	Schedule 8
	BY THE LORD BASSAM OF BRIGHTON
	Page 116, line 30, leave out paragraph 18
	BY THE LORD DUBS
	Page 116, leave out line 44
	Page 116, line 45, at end insert ("where there are reasonable grounds to suspect that the parent is involved in the offence for which the child has been arrested or detained")
	Page 116, leave out lines 46 and 47
	BY THE LORD BASSAM OF BRIGHTON
	Page 117, line 15, leave out from ("consultation") to ("be") and insert ("mentioned in paragraph 17(4) shall")
	Page 117, line 19, leave out from ("consultation") to ("shall") in line 20
	BY THE LORD DUBS
	Page 117, line 22, leave out ("and 18(4)")
	BY THE LORD BASSAM OF BRIGHTON [In substitution for Amendment 91]
	Page 117, leave out lines 22 to 24 and insert--       ("(3)  The grounds mentioned in paragraph 17(2) and (5) and in sub-paragraph (1) are-- (a)  that it is in the interests of the investigation or prevention of crime; (b)  that it is in the interests of the apprehension, prosecution or conviction of offenders; (c)  that it will further the recovery of property obtained as a result of the commission of an offence or in respect of which a forfeiture order could be made under section 23; (d)  that it will further the operation of Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence).")
	BY THE LORD BASSAM OF BRIGHTON [In substitution for Amendment 92]
	Page 117, line 24, at end insert--       ("(3A)  This sub-paragraph applies where an officer mentioned in paragraph 17(2) or (5) has reasonable grounds for believing that-- (a)  the detained person has committed an offence to which Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies, (b)  the detained person has benefited from the offence within the meaning of that Part or Order, and (c)  by informing the named person of the detained person's detention (in the case of an authorisation under paragraph 17(2)) or by the exercise of the entitlement under paragraph 17(4) (in the case of an authorisation under paragraph 17(5) the recovery of the value of that benefit will be hindered.")
	BY THE LORD BASSAM OF BRIGHTON
	Page 117, line 25, leave out ("or non-compliance")
	Page 117, line 26, leave out from ("rights") to ("mentioned")
	Page 117, leave out lines 27 and 28 and insert ("paragraph 17(1) and (4)-- (a)  if the authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable, (b)  the detained person shall be told the reason for the delay as soon as is reasonably practicable, and (c)  the reason shall be recorded as soon as is reasonably practicable.")
	Page 117, leave out lines 29 to 31
	Page 117, line 32, leave out ("and this paragraph")
	BY THE LORD BASSAM OF BRIGHTON [In substitution for Amendment 93]
	Page 117, line 35, at end insert--       ("(  )  But, where a person detained under Schedule 7 or section 41 at a police station in Scotland appears to a constable to be a child-- (a)  the other person named by the person detained in pursuance of paragraph 17(1) shall be that person's parent, and (b)  section 15(4) of the Criminal Procedure (Scotland) Act 1995 shall apply to the person detained as it applies to a person who appears to a constable to be a child who is being detained as mentioned in paragraph (b) of section 15(1) of that Act, and in this sub-paragraph "child" and "parent" have the same meaning as in section 15(4) of that Act.")
	Schedule 7
	BY THE LORD GREENWAY
	Page 109, line 1, leave out ("an examining officer") and insert ("the Chief Constable for the police area in which the port of arrival is situated")
	Page 109, line 3, at end insert ("as soon as reasonably practicable")
	Page 109, line 27, at end insert--       ("(1A) It is a defence for an owner or agent of a ship or aircraft charged with an offence under sub-paragraph 1(1) pursuant to paragraph 17(2) to prove either-- (a)  that the specified information requested was not in his possession; or (b)  that it was not reasonably practicable for him to comply with the request.")
	After Clause 117
	BY THE LORD BASSAM OF BRIGHTON
	Insert the following new Clause--
	(".--(1) Subsection (2) applies where in accordance with a provision mentioned in subsection (5) it is a defence for a person charged with an offence to prove a particular matter.       (2)  If the person adduces sufficient evidence to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.       (3)  Subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court-- (a)  may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or (b)  may accept a fact as sufficient evidence unless a particular matter is proved.     (4)  If sufficient evidence is adduced to raise an issue with respect to the matter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unless the prosecution disproves it beyond reasonable doubt.       (5)  The provisions in respect of which subsections (2) and (4) apply are-- (a)  sections 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and (b)  sections 13, 32 and 33 of the Northern Ireland (Emergency Provisions) Act 1996 (possession and information offences) as they have effect by virtue of Schedule 1 to this Act.")		Defences.
	Schedule 15
	BY THE LORD BASSAM OF BRIGHTON
	Page 141, line 33, after ("74(2)(d)") insert ("and (e)")
	Page 141, line 35, at end insert ("or (e)  an order under section 111 of the Terrorism Act 2000 (forfeiture orders),".")
	Page 143, line 18, leave out paragraph (b) and insert-- ("(b)  for paragraph (f) there shall be substituted-- (f)  section 111 of the Terrorism Act 2000 (forfeiture orders)."  ")
	Schedule 16
	BY THE LORD BASSAM OF BRIGHTON
	Page 145, line 46, column 3, leave out ("Paragraph 2") and insert ("Part I")
	Page 145, line 46, column 3, at end insert--

("Part I of Schedule 2.")

	Clause 125
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN THE VISCOUNT ASTOR THE VISCOUNT BRIDGEMAN
	Page 59, line 4, after ("report") insert ("prepared by a professional legal adviser who is independent of the Government")
	Clause 127
	BY THE LORD BASSAM OF BRIGHTON
	Page 59, line 10, leave out ("section 2(2)") and insert ("sections 2(2) and (Defences)")

© Parliamentary copyright 2000	Prepared 19 May 2000

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