Anti-terrorism, Crime and Security Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 40

 

THE LORD CAMPBELL OF ALLOWAY

 The Lord Campbell of Alloway gives notice of his intention to oppose the Question that Clause 40 stand part of the Bill.
 

Clause 41

 

THE LORD HYLTON

101Page 21, line 14, leave out ""seven" and insert ""five"
 

THE LORD KINGSLAND
THE BARONESS BUSCOMBE
THE LORD CAMPBELL OF ALLOWAY

 The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill.
 

Clause 42

 

THE LORD HYLTON

102Page 21, line 18, leave out ""7" and insert ""5"
 

THE LORD CAMPBELL OF ALLOWAY

 The Lord Campbell of Alloway gives notice of his intention to oppose the Question that Clause 42 stand part of the Bill.
 

After Clause 42

 

THE BARONESS WHITAKER

103Insert the following new Clause—
  "Abolition of common law offence of blasphemy
(1)  The following common law offences are hereby abolished—
(a)  blasphemy and blasphemous libel;
(b)  any distinct offence of disturbing a religious service or religious devotions;
(c)  any religious offence of striking a person in a church or churchyard.
(2)  The following provisions are hereby repealed—
(a)  in section 1 of the Criminal Libel Act 1819 (c. 8), the words "and blasphemous libel, or";
(b)  in sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) the words "blasphemous or".
(3)  This provision shall not extend to Scotland or Northern Ireland."
 

Clause 43

 

THE LORD CAMPBELL OF ALLOWAY

 The Lord Campbell of Alloway gives notice of his intention to oppose the Question that Clause 43 stand part of the Bill.
 

Clause 21

 

THE LORD CAMPBELL OF ALLOWAY
THE EARL RUSSELL

104Page 10, line 38, at end insert—
"(1A)  Any certificate issued under subsection (1) shall be accompanied by written grounds on which the belief or suspicion of the Secretary of State is reasonably entertained, which shall be subject to Judicial Review in the High Court."
 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

105Page 10, line 41, at end insert—
"(   )  has links with an international terrorist group such that he is likely to be or become concerned in the commission, preparation or instigation of acts of international terrorism."
 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD McNALLY

106Page 11, line 1, leave out paragraph (c)
 

THE LORD ROOKER

107Page 11, line 1, leave out "a person who is a member of or belongs to"
 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

108Page 11, line 4, leave out "and (c)"
109Page 11, line 5, leave out "is subject to the control or influence of persons" and insert "has members"
 

THE LORD ROOKER

110Page 11, line 8, at end insert—
"(   )  For the purposes of subsection (2)(c) a person has links with an international terrorist group only if he supports or assists it."
 

THE LORD THOMAS OF GRESFORD
THE LORD McNALLY

111Page 11, line 12, leave out from first "terrorism" to ", and" in line 13 and insert "means terrorism for the purpose of advancing a political, religious or ideological cause outside the United Kingdom"
 

Clause 22

 

THE LORD THOMAS OF GRESFORD
THE LORD McNALLY

112Page 11, line 24, leave out from "terrorist" to end of line 29 and insert "if—
(a)  his removal from the United Kingdom would violate international obligations not to subject him to the risk of torture, inhuman or degrading treatment or punishment, or the death penalty, or
(b)  travel by him from the United Kingdom is not feasible,"
 

THE LORD KINGSLAND
THE BARONESS BUSCOMBE

113Page 12, line 9, at end insert ", and
(k)  giving directions for a person's physical removal (to a country of which he is a national or citizen or to which there is reason to believe he will be admitted) pursuant to section 5(5) and paragraph 1 of Schedule 2 to that Act."
 

Clause 23

 

THE LORD THOMAS OF GRESFORD
THE LORD McNALLY

114Page 12, line 16, leave out from "(2)" to end of line 20 and insert "if—
(a)  his removal from the United Kingdom would violate international obligations not to subject him to the risk of torture, inhuman or degrading treatment or punishment, or the death penalty, or
(b)  travel by him from the United Kingdom is not feasible."
 

Clause 26

 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

115Page 13, line 18, leave out "brought" and insert "dismissed"
 

THE LORD McNALLY
THE LORD DHOLAKIA

116Page 13, line 18, leave out from "25," to "months" in line 19 and insert "within three"
 

THE LORD McNALLY

117Page 13, line 21, leave out from "brought," to "months" in line 22 and insert "within three"
 

THE LORD McNALLY
THE LORD DHOLAKIA

118Page 13, line 24, leave out from "21" to "months" in line 25 and insert "within three"
 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

119Page 13, line 36, after "(b)" insert "or determines that his removal or departure from the United Kingdom is no longer prevented as referred to in section 23(1)"
 

Clause 27

 

THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD

120Page 14, line 11, at end insert—
"(   )  The Commission shall give reasons in writing for a decision on an appeal or review to which subsection (1) applies.
(   )  Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (c. 68) (general procedure) may provide for all or part of the reasons to be withheld from disclosure to persons other than a person appointed under section 6 of that to represent the interests of the appellant or of the person who is the subject of the review."
 

THE LORD McNALLY
THE LORD DHOLAKIA

121Page 14, line 37, leave out from "certificate" to end of line 38 and insert—
"(a)  on grounds of change of circumstances, or
(b)  where the initial certificate was cancelled because of a technical irregularity."
 

THE LORD THOMAS OF GRESFORD
THE LORD McNALLY

122Page 14, line 38, leave out "or otherwise"
 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

123Page 14, line 38, at end insert—
"(   )  A further certificate issued by the Secretary of State under subsection 9(a) shall not be issued solely on the evidence which led to the issue at the original certificate."
 

Clause 30

 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

124Page 16, line 7, at end insert "save to review compliance with any rules made under section 5 of the Special Immigration Appeals Commission Act 1997 (c. 68)."
 

THE LORD McNALLY
THE LORD DHOLAKIA

125Page 16, line 8, leave out subsection (2)
 

THE LORD CAMPBELL OF ALLOWAY
THE EARL RUSSELL
THE LORD HYLTON
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill.
 

Clause 31

 

THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD

126Page 17, line 7, at end insert—
"(   )  Section 6 of the Special Immigration Appeals Act 1997 (c. 68) shall apply to proceedings before the appropriate appeal court by virtue of subsection (3)(a) or (b) as it applies to proceedings before the Special Immigration Appeals Commission."
 

THE LORD CAMPBELL OF ALLOWAY
THE EARL RUSSELL
THE LORD HYLTON
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
 

Clause 110

 

THE LORD KINGSLAND

 The Lord Kingsland gives notice of his intention to oppose the Question that Clause 110 stand part of the Bill.
 

Clause 116

 

THE LORD KINGSLAND
THE BARONESS BUSCOMBE

127Page 70, line 28, after "he" insert "believes that he"
 

THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD

128Page 70, line 40, at end insert—
"(4)  In section 118(5)(a) (defences) after "12(4)" insert "38A(5)""
 

After Clause 119

 

THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD

129Insert the following new Clause—
  "Extraterritorial jurisdiction
(1)  In section 59(4) of the Terrorism Act 2000 (c. 11) (inciting terrorism overseas), after "person" insert "who incites or the person".
(2)  In section 62(2) of the Terrorism Act 2000 (c. 11) (terrorist bombing: jurisdiction) after paragraph (c) insert—
"(d)  murder;
(e)  an offence under section 18 of the Offences Against the Person Act 1861 (c. 100) (wounding with intent);
(f)  an offence under section 23 or 24 of that Act (poison);
(g)  an offence under section 28 or 29 of that Act (explosions); and
(h)  an offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) (endangering life by damaging property).""
 

Clause 120

 

THE LORD ROOKER

130Page 72, line 10, at end insert—
"(2A)  In paragraph 20 of that Schedule (powers of Secretary of State), in sub-paragraphs (2) and (3)(a) for "county court judge" substitute "Crown Court judge"."
131Page 72, line 13, leave out subsection (4)
 

Clause 44

 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

132Page 21, line 37, leave out "believe" and insert "suspect"
 

Clause 45

 

THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD

133Page 22, line 2, leave out from "Kingdom" to end of line 3
134Page 22, leave out lines 8 to 20
 

Clause 48

 

THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD

135Page 24, line 31, at end insert "and a non-nuclear explosive device intended to disseminate radioactive material"
136Page 24, line 32, leave out from "Kingdom" to end of line 33
 

Clause 49

 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

137Page 24, line 41, at end insert "by, or on behalf of, the Government of the United Kingdom"
 

Clause 50

 

THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND

138Page 25, line 22, at end insert—
"(4)  In proceedings for an offence under section 48 it shall be a defence for the accused to show that he reasonably believed he was acting for, or with the authority of, the United Kingdom."

 
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©Parliamentary copyright 2001
28 November 2001