Anti-terrorism, Crime and Security Bill
SECOND
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—
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 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD CORBETT OF CASTLE VALE
THE LORD GOODHART
THE LORD McNALLY
THE LORD DHOLAKIA |
| 103A* | Page 10, line 38, leave out "suspects" and insert "believes" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 103B* | Page 10, line 38, leave out "an international" and insert "a" |
| | THE LORD CAMPBELL OF ALLOWAY
THE EARL RUSSELL |
| 104 | Page 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 |
| 104A* | Page 10, line 39, leave out "international" |
| 105 | Page 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." |
| 105A* | Page 10, leave out line 42 to end of line 2 on page 11. |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD McNALLY |
| 106 | Page 11, line 1, leave out paragraph (c) |
| 107 | Page 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 |
| 108 | Page 11, line 4, leave out "and (c)" |
| 109 | Page 11, line 5, leave out "is subject to the control or influence of persons" and insert "has members" |
| | THE LORD CORBETT OF CASTLE VALE |
| 109A* | Page 11, line 7, leave out "suspects" and insert "believes" |
| 110 | Page 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 BARONESS BUSCOMBE
THE LORD DIXON-SMITH
THE LORD KINGSLAND |
| 110A* | Page 11, leave out lines 12 and 13 |
| | THE LORD THOMAS OF GRESFORD
THE LORD McNALLY |
| 111 | Page 11, line 12, leave out from first "terrorism" to second "the" in line 13 and insert "means terrorism for the purpose of advancing a political, religious or ideological cause outside" |
| | THE LORD THOMAS OF GRESFORD
THE LORD McNALLY |
| 112 | Page 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 |
| 113 | Page 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." |
| | THE LORD THOMAS OF GRESFORD
THE LORD McNALLY |
| 114 | Page 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." |
| | THE LORD McNALLY
THE LORD DHOLAKIA |
| 114A* | Page 12, line 24, at end insert— |
| "(3) | This section shall apply only if the Secretary of State has taken all reasonable steps to avoid the necessity for detention; and such steps shall include the consideration of bringing a prosecution under existing criminal laws or finding alternative countries as removal destinations (or both). |
| (4) | Detention shall only be lawful as long as the Secretary of State continues to take all reasonable steps in accordance with subsection (3). |
| (5) | The longer the period of any detention under this section, the greater the requirement shall be for the Secretary of State to show that such detention remains strictly necessary in the interests of national security." |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD DHOLAKIA |
| 114B* | Page 13, line 3, at end insert— |
| "( ) | A suspected international terrorist who has appealed under subsection (1) shall, within 7 days of the appeal being lodged with the Commission, be brought before the Commission for the purpose of the Commission giving directions as to the hearing of the appeal." |
| | THE LORD McNALLY
THE LORD DHOLAKIA |
| 114C* | Page 13, line 4, leave out subsection (2) and insert— |
| "(2) | On an appeal the Commission must cancel the certificate if— |
| (a) | it considers there are insufficient grounds for a belief of the kind referred to in section 21(1)(a) or (b); |
| (b) | it considers that the issuing of the certificate was not in accordance with the law, or that the Secretary of State should have exercised his discretion differently; |
| (c) | it considers that for some other reason the certificate should not have been issued; or |
| (d) | the Secretary of State has not taken all reasonable steps to avoid the need for detention." |
| | THE LORD CORBETT OF CASTLE VALE |
| 114D* | Page 13, line 4, after "appeal" insert ", which shall be heard within seven days," |
| | THE EARL RUSSELL
THE LORD GOODHART |
| 114E* | Page 13, line 13, after "commenced" insert "without leave" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 115 | Page 13, line 18, leave out "brought" and insert "dismissed" |
| | THE LORD McNALLY
THE LORD DHOLAKIA |
| 116 | Page 13, line 18, leave out from "25," to "months" in line 19 and insert "within three" |
| 117 | Page 13, line 21, leave out from "brought," to "months" in line 22 and insert "within three" |
| | THE LORD McNALLY
THE LORD DHOLAKIA |
| 118 | Page 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 |
| 119 | Page 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)" |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 120 | Page 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 |
| 121 | Page 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 |
| 122 | Page 14, line 38, leave out "or otherwise" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 123 | Page 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 of the original certificate." |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD DHOLAKIA |
| 123A* | Page 15, line 14, leave out "subject to the following provisions of this section" |
| 123B* | Page 15, line 15, leave out "15" and insert "12" |
| 123C* | Page 15, line 19, leave out paragraphs (b) and (c) |
| 123D* | Page 15, line 44, leave out subsection (7) |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 124 | Page 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 |
| 125 | Page 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. |
| | THE LORD GOODHART
THE LORD McNALLY
THE LORD THOMAS OF GRESFORD |
| 126 | Page 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. |
| | THE EARL RUSSELL
THE LORD GOODHART |
| 126A* | Page 17, line 39, leave out subsection (3) |
| | THE LORD McNALLY
THE LORD DHOLAKIA |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill. |
| | THE LORD McNALLY
THE LORD DHOLAKIA |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill. |
| | THE LORD McNALLY
THE LORD GOODHART
THE LORD WALLACE OF SALTAIRE |
| 126B* | Page 65, line 41, after "may" insert "not" |
| 126C* | Page 65, line 41, at end insert "except" |
| 126D* | Page 66, line 2, after "pillar" insert "limited to those directives that may be required to be implemented by 31st December 2001 under the Framework Decision on Counter-Terrorism and the 1994 and 1995 Supplementary Convention on Extradition." |
| | THE LORD PEYTON OF YEOVIL |
| 126E* | Page 66, line 9, at end insert— |
| "( ) | No regulations may be made under subsection (1) unless they are needed for the fight against international terrorism." |
| | THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 110 stand part of the Bill. |
| | THE VISCOUNT BLEDISLOE
THE LORD KINGSLAND
THE BARONESS BUSCOMBE
THE LORD DIXON-SMITH |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 111 stand part of the Bill. |
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