Anti-terrorism, Crime and Security Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 27th November 2001, as follows—
Clause 1
Schedule 1
Clauses 2 and 3
Schedule 2
Clauses 4 to 6
Schedule 3
Clauses 7 to 17
Schedule 4
Clauses 18 to 20
Clauses 37 to 43
Clauses 21 to 36 | Clauses 110 to 120
Clauses 44 to 59
Schedule 5
Clauses 60 to 71
Schedule 6
Clauses 72 to 101
Schedule 7
Clauses 102 to 109
Clauses 121 and 122
Schedule 8
Clauses 123 to 126 |
Amendment
No.
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD DIXON-SMITH |
| 1 | Page 1, line 9, leave out "a magistrates' court" and insert "the High Court" |
| | THE LORD THOMAS OF GRESFORD
THE LORD McNALLY |
| 2 | Page 1, line 9, leave out "magistrates' court" and insert "county court" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE
THE EARL OF MAR AND KELLIE |
| 3 | Page 1, line 17, leave out subsection (5) |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 4 | Page 2, line 2, at end insert— |
| "(6) | An order under subsection (5)— |
| (a) | must be laid before Parliament after being made, and |
| (b) | ceases to have effect at the end of the period of 40 days from the day on which it was made unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order). |
| (7) | In calculating the period of 40 days in subsection (6)(b) no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE
THE EARL OF MAR AND KELLIE |
| 5 | Page 75, line 11, after "currency" insert "whether legal tender or not" |
| 6 | Page 75, line 28, leave out sub-paragraph (2) |
| 7 | Page 76, line 4, leave out "48 hours" and insert "eight days" |
| 8 | Page 76, line 11, at end insert— |
| | "( ) A person having an interest in the detained cash or any part of it may make representations as to why such a detention order under paragraph 3(2) should not be made." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 9 | Page 77, line 2, at end insert— |
| | "( ) An appeal against the making of a restraint order can be made by any affected person and public funding shall be available for this purpose." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE
THE EARL OF MAR AND KELLIE |
| 10 | Page 77, line 4, leave out "48 hours" and insert "eight days" |
| 11 | Page 77, line 7, leave out sub-paragraph (2) |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 12 | Page 77, line 11, at end insert ", or is not in a form which can be held in an interest bearing account" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE
THE EARL OF MAR AND KELLIE |
| 13 | Page 77, line 33, after "Schedule," insert "and after criminal proceedings have been concluded or a decision has been taken by the Lord Advocate not to proceed with criminal proceedings," |
| 14 | Page 77, line 37, at end insert— |
| | "(1A) For the purposes of this part of this Schedule, forfeiture proceedings shall be civil proceedings." |
| 15 | Page 78, line 20, at end insert— |
| | "( ) Rules of court may make provision as to the practice and procedure in connection with proceedings relating to forfeiture." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD DIXON-SMITH |
| 16 | Page 78, line 36, leave out "a magistrates' court" and insert "the High Court" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE
THE EARL OF MAR AND KELLIE |
| 17 | Page 79, line 22, leave out "48 hours" and insert "eight days" |
| 18 | Page 79, line 31, leave out "exceptional" and insert "such that the court or sheriff considers them reasonable" |
| 19 | Page 80, line 14, at end insert "or in consequence of an act of terrorism" |
| 20 | Page 80, line 28, leave out "Property" and insert "Earmarked property obtained through terrorism" |
| 21 | Page 80, line 38, leave out "the original property or of" and insert "earmarked property, whether the original property or" |
| 22 | Page 81, line 1, after "of" insert "earmarked" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 23 | Page 85, line 19, after "that" insert "each of the requirements for the making of the order is fulfilled" |
| 24 | Page 85, leave out lines 20 to 25 |
| 25 | Page 85, line 25, at end insert— |
| | "( ) An application for an account monitoring order need not be intimated to the person specified in the application". |
| 26 | Page 85, line 26, at end insert— |
| "(a) | the person specified in the application is subject to a terrorism investigation, |
| (b) | the order is sought for the purposes of the investigation, and |
| (c) | the order is sought against the financial institution specified in the application in relation to account information of the description so specified". |
| 27 | Page 85, leave out lines 27 to 32 |
| 28 | Page 85, line 32, at end insert— |
| | "( ) Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another)." |
| 29 | Page 86, line 7, at end insert— |
| | "(6) The requirements for the making of an account monitoring order are that— |
| (a) | there must be reasonable grounds for suspecting that the person specified in the application for the order has committed a terriorist offence; and |
| (b) | there must be reasonable grounds for believing that account information which may be provided in compliance with the order is likely to be of substantial value (whether by itself of together with other material) to the investigation for the purposes of which the order is sought." |
| 30 | Page 86, line 11, leave out sub-paragraphs (2) and (3) |
| 31 | Page 87, line 18, at end insert— |
| | "( ) An account monitoring order does not require a financial institution to provide any information which it would be entitled to refuse to provide on grounds of legal privilege." |
| 32 | Page 88, line 20, after "that" insert "there are reasonable grounds for suspecting that the property concerned will be disposed of prior to the conclusion of proceedings and" |
| 33 | Page 90, line 3, at end insert "reasonably" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD DIXON-SMITH |
| 34 | Page 90, line 9, at end insert— |
| "(c) | the information is already in the public domain." |
| 35 | Page 91, line 8, at end insert— |
| | "(13A) If the first and second conditions are satisfied and the person concerned discloses the information or other matter in satisfaction of the third condition, that person shall not disclose that he has done so to the person whom he knows or suspects or has reasonable grounds for knowing or suspecting that he has committed an offence under any of sections 15 to 18. |
| | (13B) If a person discloses information or other matter in satisfaction of the third condition and does not inform the person whom he knows or suspects or has reasonable grounds for knowing or suspecting that he has committed an offence under any of sections 15 to 18 that he has done so, it shall be a defence in any civil or criminal proceedings that the person disclosing the information or other matter did not inform such other person that he had done so in order to comply with the restriction in subsection (13A)." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 36 | Page 91, line 25, after "is" insert "reasonably" |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 37 | Page 3, line 8, after "action" insert "involving terrorism" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 38 | Page 3, line 8, leave out "United Kingdom's economy (or part of it)" and insert "economy (or part of the economy) of the United Kingdom or a country or territory outside the United Kingdom" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD DIXON-SMITH |
| 39 | Page 3, Line 9, after "persons" insert "by unlawful means or with the intention of causing a detriment to the United Kingdom's economy (or part of it)" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 40 | Page 3, line 10, leave out "life" and insert "persons" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 41 | Page 3, line 36, at end insert "in connection with the action referred to in section 4" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 42 | Page 97, line 37, after "is" insert "reasonably" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 43 | Page 4, line 5, at end insert "and must revoke such freezing order if it ceases to have reasonable grounds to consider that the conditions set out in section 4 are fulfilled" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 44 | Page 4, line 8, at end insert "but the Treasury may renew such order (and any order renewed under this section) with effect from the expiry of the relevant period of 2 years if the conditions set out in section 4 continue to be fulfilled. |
| (2) | The procedure set out in section 10 shall apply to renewal of a freezing order as if it were the original freezing order." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD DIXON-SMITH |
| 45 | Insert the following new Clause— |
| | A freezing order must be published in the Gazette within 7 days of the day on which it is made." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 46 | Page 5, line 24, leave out "further order states that the Treasury believe" and insert "Treasury reasonably believe, and the order so states," |
| 47 | Page 5, line 34, leave out "further order states that the Treasury believe" and insert "Treasury reasonably believe, and the order so states," |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 48 | Page 7, line 6, at beginning insert "Subject to subsection (2A)," |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY |
| 49 | Page 7, line 7, after "authority" insert "pursuant to an authorisation order" |
| 50 | Page 7, line 10, after "any" insert "counter-terrorist" |
| | THE LORD THOMAS OF GRESFORD
THE LORD McNALLY |
| 51 | Page 7, line 10, after "investigation" insert "involving terrorism" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF MAR AND KELLIE |
| 52 | Page 7, line 10, leave out "or may be" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY |
| 53 | Page 7, line 12, after "any" insert "counter-terrorist" |
| | THE LORD THOMAS OF GRESFORD
THE LORD McNALLY |
| 54 | Page 7, line 12, leave out "what ever" and insert "involving terrorism" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF MAR AND KELLIE |
| 55 | Page 7, line 12, leave out "or may be" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY |
| 56 | Page 7, line 16, leave out paragraph (d) |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 57 | Page 7, line 17, at end insert— |
| "( ) | Information to which subsection (2) applies shall not be disclosed by the public authority until such time as that public authority has undertaken a pre-disclosure assessment of the request for information and it has been shown by the requester— |
| (a) | that there are reasonable grounds for suspecting that the information in question would be relevant to an inquiry into terrorist activity; |
| (b) | that the data subject has committed an offence related to terrorism; or |
| (c) | that the request to disclose information on a particular individual is proportionate in the context of the offence in question." |
| 58 | Page 7, line 17, at end insert— |
| "( ) | This section shall not apply in relation to information which may be obtained by the Director General of the Office of Fair Trading or any of his officers in relation to the exercise of his powers pursuant to the Competition Act 1980 (c. 21) or under the direction of the EC Competition Commission." |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 59 | Page 7, line 17, at end insert— |
| "(2A) | Information which any person has been required to give by virtue of any of the provisions to which this section applies may not be used as evidence in any criminal proceedings against that person if the use of that information for that purpose would be a breach of the rights of that person under the Convention (as defined in section 21 of the Human Rights Act 1998 (c. 42))." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF MAR AND KELLIE |
| 60 | Page 7, line 18, after "may" insert ", after consultation with the Scottish Ministers," |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 61 | Page 7, line 21, leave out subsection (4) and insert— |
| "(4) | The Treasury shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF MAR AND KELLIE |
| 62 | Page 7, line 25, at end insert— |
| "( ) | Nothing in this section shall authorise the disclosure of information which is subject to legal privilege. |
| ( ) | For the purposes of this Part, information is subject to legal privilege if it forms part of communications made in connection with, or in contemplation of, legal proceedings and for the purposes of these proceedings being communications which would in legal proceedings be protected from disclosure by virtue of any rule of law relating to the confidentiality of communications." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY |
| 63 | Page 7, line 25, at end insert— |
| "( ) | Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the Data Protection Act 1998 (c. 29) (other than section 59(1))." |
| 64 | Page 7, line 25, at end insert— |
| "( ) | This section authorises the making of disclosure only if, and to the extent that, the disclosure is proportionate to what is sought to be achieved by making it." |
| 65 | Page 7, line 26, leave out subsection (6) |
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