Anti-terrorism, Crime and Security Bill
REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 5th December 2001, as follows—
Clauses 111 to 121
Clauses 37 to 59
Schedule 5
Clauses 60 to 71
Schedule 6 | Clauses 72 to 89
Clauses 108 to 110
Clauses 122 and 123
Schedule 8
Clauses 124 to 127 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 77ZA* | Page 66, line 5, at beginning insert "At any time before 1st July 2002," |
| | THE LORD McNALLY
THE LORD GOODHART
THE LORD WALLACE OF SALTAIRE |
| 77A | Page 66, line 5, after "may" insert "not" |
| 77B | Page 66, line 5, at end insert "except" |
| 77BA* | Page 66, line 7, leave out from "under" to "or" in line 8 and insert "any third pillar measure" |
| | THE LORD McNALLY
THE LORD GOODHART
THE LORD WALLACE OF SALTAIRE |
| 77C | Page 66, line 7, after "pillar" insert— |
| | "limited to those directives that may be required to be implemented by 31st March 2002 under the Framework Decision on Counter-Terrorism and the 1994 and 1995 Supplementary Convention on Extradition." |
| 77CA* | Page 66, line 11, leave out "the third pillar" and insert "any third pillar measure" |
| | THE LORD PEYTON OF YEOVIL |
| 78 | Page 66, line 14, at end insert— |
| "( ) | No regulations may be made under subsection (1) unless they are needed for the fight against international terrorism." |
| 78A* | Page 66, line 15, leave out subsections (2) and (3) and insert— |
| "(1A) | For the purposes of subsection (1), the following are third pillar measures— |
| (a) | the 1995 Convention drawn up on the basis of Article 31 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union, |
| (b) | the 1996 Convention drawn up on the basis of Article 31 of the Treaty on European Union relating to Extradition between the Member States of the European Union, and |
| (c) | any framework decision adopted under Article 34 of the Treaty on European Union on the execution in the European Union of orders freezing property or evidence, on joint investigation teams, or on combating terrorism." |
| 78B* | Page 67, line 14, leave out "the third pillar" and insert "any third pillar measure" |
| | THE VISCOUNT BLEDISLOE
THE LORD McNALLY
THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| | THE VISCOUNT BLEDISLOE
THE LORD McNALLY
THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 81 | Page 68, line 25, at beginning insert "In England and Wales or Northern Ireland," |
| 82 | Page 68, line 27, after "has" insert "or is likely to have" |
| 83 | Page 68, line 31, leave out "falls" and insert "has an effect falling" |
| 84 | Page 68, line 37, leave out "is likely to induce" and insert "induces" |
| 85 | Page 68, line 41, at beginning insert "In England and Wales or Northern Ireland," |
| 86 | Page 69, line 12, at end insert— |
| "( ) | This section does not apply to Scotland." |
| 87 | Page 69, line 14, at beginning insert "In England and Wales or Northern Ireland," |
| 88 | Page 69, line 21, at beginning insert "In England and Wales or Northern Ireland," |
| 89 | Page 69, line 25, leave out "likely to" |
| 90 | Page 69, line 31, at end insert— |
| "( ) | This section does not apply to Scotland." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD DHOLAKIA |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD DHOLAKIA |
| 92A* | Page 20, line 16, at end insert— |
| "(8) | The Attorney General may issue guidance as to conduct in respect of which he will not institute proceedings for an offence under Part 3 of the Public Order Act 1986 (c. 64), or consent to the institution of such proceedings, on the grounds that the conduct consists of the legitimate expression of religious belief." |
| | THE LORD CAMPBELL OF ALLOWAY
THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD DHOLAKIA |
| | THE LORD CAMPBELL OF ALLOWAY
THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD DHOLAKIA |
| | THE LORD CAMPBELL OF ALLOWAY |
| 95 | Page 21, line 13, leave out "or religious" |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD DHOLAKIA |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD DHOLAKIA |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD DHOLAKIA |
| | THE DUKE OF MONTROSE
THE LORD ROOKER |
| 98A* | Page 26, line 21, leave out from "Scotland" to "is" in line 22 and insert "the sheriff" |
| 99 | Page 26, line 24, leave out "a constable or" |
| 99A* | Page 106, line 26, leave out "White pox" |
| 100 | Page 30, line 34, leave out "(if any) as may be" and insert "as is" |
| 101 | Page 30, line 37, leave out "and" and insert "or" |
| 102 | Page 32, line 3, leave out from "part" to "so" in line 4 and insert "of the premises as is" |
| 103 | Page 32, line 6, leave out "and" and insert "or" |
| | THE LORD McNALLY
THE LORD GOODHART
THE LORD THOMAS OF GRESFORD |
| 103A | Page 40, line 16, at end insert— |
| | "except that it shall not be an offence to disclose any information or thing concerning transport routes, frequency of journeys, or volume or type of material transported." |
| 103B | Page 40, line 22, at end insert— |
| "( ) | In proceedings for an offence under this section it is a defence for the accused to show that the public interest in disclosure of the information relating to the transportation of nuclear material outweighed the public interest in not prejudicing the security of that material." |
| 104 | Page 118, line 25, at end insert— |
| |
"Political Parties, Elections and Referendums Act 2000 (c. 41) | Section 70." |
| 104A* | Page 73, line 25, leave out "5" and insert "6" |
| 105 | Insert the following new Clause— |
| (1) | Subject to subsections (2) to (5), and without prejudice to any other provisions of this Act— |
| (a) | Parts 3, 4, 5, 10, 11 and 13 of this Act shall cease to have effect at the expiry of two years from the date on which the Act is passed; and |
| (b) | Parts 1, 2, 6, 7, 8 and 9 of this Act shall cease to have effect at the expiry of five years from the date on which the Act is passed. |
| (2) | If the Secretary of State considers that it may be appropriate that any Part of this Act should continue in force without amendment beyond the expiry of its specified period, he may consult such persons as seem to him appropriate to obtain their views as to whether that Part can safely and properly continue in force without amendment. |
| (3) | If, following such consultation, the Secretary of State certifies that no substantial grounds have been advanced as to why that Part should not continue in force, he may by order provide that that Part of the Act shall continue in force for a specified period not exceeding five years. |
| (4) | Where any Part of this Act is extended by virtue of subsection (3) it may be further extended in like manner as set out above. |
| (5) | An order made by the Secretary of State under subsection (3) or (4) must be made by statutory instrument and may not be made unless a draft has been laid before and approved by resolution of each House of Parliament." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD GOODHART |
| 106 | Insert the following new Clause— |
| (1) | This Act, apart from Part 12, shall (subject to subsections (2) to (5)) cease to have effect at the end of the period of one year beginning with the day on which the Act receives Royal Assent. |
| (2) | The Secretary of State may, subject to subsections (3) to (5), by order provide— |
| (a) | that a provision of the Act which is in force (whether or not by virtue of this subsection) shall continue in force for a specified period not exceeding twelve months; |
| (b) | that a provision of this Act shall cease to have effect; |
| (c) | that a provision of this Act which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding twelve months. |
| (3) | Parts 1, 2, 6, 7, 8, 9 and 14 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of five years beginning with the day on which this Act is passed. |
| (4) | Parts 3, 5, 10, 11 and 13 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of two years beginning with the day on which this Act is passed. |
| (5) | Part 4 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of one year beginning with the day on which this Act is passed. |
| (6) | Any order made by the Secretary of State under subsection (2) must be made by statutory instrument and may not be made unless a draft has been laid before and approved by resolution of each House of Parliament." |
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