Anti-Terrorism, Crime and Security Bill
COMMONS REASONS FOR DISAGREEING TO CERTAIN LORDS
AMENDMENTS, COMMONS AMENDMENT INSTEAD OF WORDS LEFT OUT OF
THE BILL BY CERTAIN LORDS AMENDMENTS AND COMMONS
CONSEQUENTIAL AMENDMENTS TO THOSE LORDS AMENDMENTS,
COMMONS AMENDMENT TO WORDS RESTORED TO THE BILL BY A
COMMONS DISAGREEMENT TO A LORDS AMENDMENT, COMMONS
AMENDMENTS TO A LORDS AMENDMENT AND COMMONS AMENDMENT IN
LIEU OF A LORDS AMENDMENT TO THE BILL
[The page and line refer to HL Bill 29 as first printed for the Lords.]
| 5 | Page 7, line 7, after "authority" insert "to a relevant public authority" |
5A | The Commons disagree to this Amendment for the following Reason—
Because it is not appropriate to limit the power conferred by this clause in the manner proposed by the amendment. |
| 6 | Page 7, line 17, at end insert— |
| "( ) | Information may only be disclosed voluntarily under this section if the public authority concerned believes or suspects that the disclosure may be of information which directly or indirectly relates to a risk to national security or to a terrorist. |
| ( ) | Any request by a relevant public authority for disclosure of information under this section may only be made if it believes or suspects that that information may relate directly or indirectly to any risk to national security or to a terrorist. |
| ( ) | "Relevant public authority" has the same meaning as in Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23) save that there is added thereto the Financial Services Authority and the Director of Public Prosecutions. |
| ( ) | "Terrorist" has the same meaning as in Part 4 of this Act." |
6A | The Commons disagree to this Amendment for the following Reason—
Because it is not appropriate to limit the power conferred by this clause in the manner proposed by the amendment. |
| 8 | Page 9, line 18, at end insert— |
| "( ) | Information may only be disclosed voluntarily under this section if the Commissioners of Inland Revenue or the Commissioners of Customs and Excise believe or suspect that the disclosure may be of information which directly or indirectly relates to a risk to national security or to a terrorist. |
| ( ) | Any request by a relevant public authority for disclosure of information under this section may only be made if it believes or suspects that that information may relate directly or indirectly to any risk to national security or to a terrorist. |
| ( ) | "Relevant public authority" has the same meaning as in Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23) save that there is added thereto the Financial Services Authority and the Director of Public Prosecutions. |
| ( ) | "Terrorist" has the same meaning as in Part 4 of this Act." |
8A | The Commons disagree to this Amendment for the following Reason—
Because it is not appropriate to limit the power conferred by this clause in the manner proposed by the amendment. |
| 22 | Page 16, line 21, leave out subsection (2) |
| | The Commons agree to these Amendments, but have made the following amendment instead of the words so left out of the Bill—
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| 22A | After Clause 35, insert the following new Clause— |
| "Special Immigration Appeals Commission |
| | At the end of section 1 of the Special Immigration Appeals Commission Act 1997 (c.68) insert— |
| | "(3) The Commission shall be a superior court of record. |
| | (4) A decision of the Commission shall be questioned in legal proceedings only in accordance with— |
| | (b) section 31 (6) (a) of the Anti-terrorism, Crime and Security Act 2001 (derogation)."" |
| | The Commons have also made the following consequential Amendments to the Bill— |
| 22B | Page 11, line 21, at end insert— |
| "( ) | A decision of the Secretary of State in connection with certification under this section may be questioned in legal proceedings only under section 25 or 26. |
| ( ) | An action of the Secretary of State taken wholly or partly in reliance on a certificate under this section may be questioned in legal proceedings only by or in the course of proceedings under— |
| | (b) section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeal)." |
| 22C | Page 16, line 23, leave out from beginning to "and" in line 24 and insert— |
| "(3) | A derogation matter may be questioned in legal proceedings only before the Special Immigration Appeals Commission;" |
| 22D | Page 16, line 28, leave out "subsection (2)" and insert "this subsection" |
| 22E | Page 18, line 21, at end insert "or" |
| 22F | Page 18, line 25, leave out paragraph (d) |
| | The Commons have also made the following consequential Amendments to the Bill— |
| 23A | Page 20, line 16, at end insert— |
| "( ) | 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, or consent to the institution of such proceedings, on the grounds that the conduct consists of the legitimate expression of religious belief." |
| 38 | Insert the following new Clause— |
| | "Scope of powers conferred by this Part |
| | Any powers conferred by this Part shall only be enforceable in relation to any suspicion, or investigation, or acts, of terrorism or any matters of national security." |
38A | The Commons disagree to this Amendment for the following Reason—
Because it is not appropriate to limit the power conferred by this clause in the manner proposed by the amendment. |
| 40 | Page 62, line 25, leave out paragraph (b) and insert— |
| "(b) | for the purposes of prevention or detection of crime or the prosecution of offenders which may relate directly or indirectly to national security." |
40A | The Commons disagree to this Amendment for the following Reason—
Because it is not appropriate to limit the power conferred by this clause in the manner proposed by the amendment. |
| 44 | Page 62, line 39, at end insert "for purposes prescribed in section 102(5)" |
44A | The Commons disagree to this Amendment for the following Reason—
Because it is not appropriate to limit the power conferred by this clause in the manner proposed by the amendment. |
| 48 | Page 66, line 10, 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 K.3 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 K.3 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 combatting terrorism." |
| | The Commons disagree to this Amendment for the following Reason— |
| 48A | Line 9, leave out "and" |
| 48B | Line 13, at end insert— |
| | "(d) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with Article 34 of the Treaty on European Union, and |
| | (e) the provisions of the Schengen acquis which are referred to in Council Decision 2000/365/EC, so far as they relate to Title VI of the Treaty on European Union." |
| 66 | 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." |
| | The Commons disagree to this Amendment but propose the following Amendment in lieu thereof—— |
| 66A | Before Clause 121, insert the following new Clause— |
| (1) | The Secretary of State shall appoint a committee to conduct a review of this Act. |
| (2) | He must seek to secure that at any time there are not fewer than seven members of the committee. |
| (3) | A person may be a member of the committee only if he is a member of the Privy Council. |
| (4) | The committee shall complete the review and send a report to the Secretary of State not later than the end of two years beginning with the day on which this Act is passed. |
| (5) | The Secretary of State shall lay a copy of the report before Parliament as soon as is reasonably practicable. |
| (6) | The Secretary of State may make payments to persons appointed as members of the committee." |
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