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Amendments to the Prevention of Terrorism Bill

Prevention of Terrorism Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS SCOTLAND OF ASTHAL

1*Page 1, line 3, leave out from beginning to "include" in line 16 and insert—
"(1A)  In this Act "control order" means an order against an individual that imposes obligations on him for purposes connected with protecting members of the public from a risk of terrorism.
(1B)  The power to make a control order against an individual shall be exercisable—
7(a)  except in the case of an order imposing obligations that are incompatible with the individual's right to liberty under Article 5 of the Human Rights Convention, by the Secretary of State; and
11(b)  in the case of an order imposing obligations that are or include derogating obligations, by the court on an application by the Secretary of State.
1415(1C)  The obligations that may be imposed by a control order made against an individual are any obligations that the Secretary of State or (as the case may be) the court considers necessary for purposes connected with preventing or restricting involvement by that individual in terrorism-related activity.
17(1D)  Those obligations may"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
[Amendments 2 to 5 are amendments to amendment 1]

2*Line 7, leave out from beginning to "by" in line 11
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

3*In line 14, after "obligations" insert "specified in subsection (3)"
4*In line 14, leave out from "that" to "the" in line 15
5*In line 17, leave out "may"
 

THE LORD DONALDSON OF LYMINGTON

6*Page 1, line 3, after "may" insert "subject in the case of a derogating control order to having first obtained the leave of the court on an ex parte application"
 

THE EARL OF ONSLOW

7*Page 1, line 3, after "may" insert "apply to the High Court to"
 

THE LORD CARLISLE OF BUCKLOW
THE LORD KINGSLAND
THE EARL OF ONSLOW

8*Page 1, line 3, after "may" insert "on the application of the Director of Public Prosecutions"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

9*Page 1, line 3, leave out "make" and insert "apply to the court for"
 

THE LORD CARLISLE OF BUCKLOW

10*Page 1, line 5, leave out "has reasonable grounds for suspecting" and insert "is satisfied beyond reasonable doubt"
 

THE DUKE OF MONTROSE
THE LORD KINGSLAND

11*Page 1, line 5, leave out "suspecting" and insert "believing"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

12*Page 1, line 9, and end insert—
"(1A)  An application for a control order may be made with or without notice to the individual against whom it is proposed to be made.
(1B)  On hearing an application for a control order, the court may—
(a)  grant the control order, with or without modifications;
(b)  dismiss the application; or
(c)  adjourn the application to a further hearing on notice to the individual concerned.
(1C)  A control order shall provide a period for further review by the court unless the court is satisfied that the individual against whom it is made has had a full opportunity to contest the making of the order."
 

THE LORD CARLISLE OF BUCKLOW
THE LORD KINGSLAND
THE EARL OF ONSLOW

13*Page 1, line 9, at end insert—
"(   )  No application can be made to the Secretary of State under section 1(1) of this Act unless the Director of Public Prosecutions is satisfied that it is not possible to prosecute the individual to whom the application relates in a normal trial"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

14*Page 1, line 10, after "obligation" insert "in subsection (3) below"
15*Page 1, line 11, leave out "Secretary of State" and insert "court"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD CARLISLE OF BUCKLOW
THE LORD MAYHEW OF TWYSDEN

16*Page 1, line 16, leave out "include, in particular" and insert "are"
 

THE LADY SALTOUN OF ABERNETHY

17*Page 2, leave out lines 5 to 11
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

18*Page 2, line 14, leave out "24" and insert "12"
19*Page 2, line 35, leave out sub-paragraph (n)
20*Page 2, line 39, at end insert—
"(   )  A control order may not prevent or restrict the controlled person from meeting with or contacting by telephone his legal representatives in connection with the control order or any other matter."
21*Page 2, line 39, at end insert—
"(   )  A control order may not require a person to provide information or to answer questions."
22*Page 2, line 39, at end insert—
"(   )  Where a controlled person is required to meet with or report to a specified person he shall be entitled to have his legal representative present."
23*Page 2, line 39, at end insert—
"(   )  A control order may only impose an obligation on a controlled person to meet, report to or otherwise have dealings with, or to allow onto land or buildings in his occupation, a specified person or any other person who is a British citizen and is not in the employment of or under contract to any foreign government."
24*Page 2, line 39, at end insert—
"(   )  A control order may not require the controlled person to talk to a specified person or any other person who is not a British citizen or is in the employment of or under contract to any foreign government."
25*Page 2, line 39, at end insert—
"(   )  A control order may not affect the ability of a person who is not the individual who is identified in the control order and has a right to reside at a property or at the date of the making of the control order was habitually resident at a property from remaining at the property, receiving visitors or possessing articles for communications purposes."
26*Page 2, line 39, at end insert—
"(   )  A control order may not prevent or restrict the controlled person from voting in person in any election."
27*Page 2, line 39, at end insert—
"(   )  A control order may not prevent or restrict the controlled person from standing as a candidate in any election, including attending his election count."
28*Page 2, line 39, at end insert—
"(   )  A control order may not prevent or restrict the controlled person from displaying a poster in support of or opposition to any candidate or political party at an election."
29*Page 2, line 39, at end insert—
"(   )  A control order may not require the controlled person to leave the United Kingdom."
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

30*Page 2, line 39, at end insert—
"(   )  A requirement under paragraph (n) of subsection (3) shall not require any person to provide information which would incriminate himself."
 

THE LORD THOMAS OF GRESFORD
THE LORD GOODHART

31*Page 2, line 40, leave out subsection (4)
 

THE BARONESS SCOTLAND OF ASTHAL

32*Page 2, line 40, leave out "Every"
 

THE LORD THOMAS OF GRESFORD
THE LORD GOODHART

33*Page 2, line 43, leave out "place or"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

34*Page 2, line 44, leave out "or generally" and insert "for no more than 12 hours each time"
 

THE BARONESS SCOTLAND OF ASTHAL

35*Page 2, line 44, leave out from "generally)" to end of line 45
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

36*Page 2, line 45, leave out paragraph (b)
 

THE DUKE OF MONTROSE
THE LORD KINGSLAND

37*Page 3, line 5, at end insert—
"(6A)  Nothing in this Act shall authorise the disclosure of information subject to legal privilege.
(6B)  For the purposes of this Act, 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."
38*Page 3, line 5, at end insert—
"(6C)  Information provided by a person pursuant to a requirement under this Act shall not be admissible in evidence in criminal proceedings against that person unless subsection (6D) or (6E) applies.
(6D)  This subsection applies where a person is being prosecuted—
(a)  for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
(b)  for an offence under section 2 of the False Oaths (Scotland) Act 1933 (c. 20) (false statutory declarations and other false statements without oath), or
(c)  at common law for an offence of attempting to pervert the course of justice.
(6E)  This subsection applies where the person is being prosecuted for some other offence and—
(a)  the person when giving evidence in the proceedings makes a statement inconsistent with the relevant statement; and
(b)  in the proceedings evidence relating to the relevant statement is adduced, or a question about it is asked by or on behalf of the person."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

39*Page 3, leave out lines 13 to 18 and insert—
"(b)  conduct intended to facilitate the commission, preparation or instigation of such acts;
(c)  conduct intended to encourage the commission, preparation or instigation of such acts;"
 

THE DUKE OF MONTROSE
THE LORD KINGSLAND

40*Page 3, line 13, after "which" insert "knowingly"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

41*Page 3, leave out lines 17 and 18 and insert—
"(d)  conduct intended to support or assist another person's involvement in terrorism-related activity;"
 

THE LORD LLOYD OF BERWICK

42*Page 3, line 21, at end insert "and
(ii)  the commission, preparation and instigation of acts of terrorism shall have the same meaning as in section 40 of the Terrorism Act 2000 (c. 11)."
 

THE BARONESS SCOTLAND OF ASTHAL

43*Page 3, line 21, at end insert—
"(8A)  In this Act—
 "derogating obligation" means an obligation on an individual which—
(a)  is incompatible with his right to liberty under Article 5 of the Human Rights Convention; but
(b)  is of a description of obligations which, for the purposes of the designation of a designated derogation, is set out in the designation order;
 "designated derogation" has the same meaning as in the Human Rights Act 1998 (c. 42) (see section 14(1) of that Act);
 "designation order", in relation to a designated derogation, means the order under section 14(1) of the Human Rights Act 1998 by which the derogation is designated."
 

THE LORD KINGSLAND
THE LORD MAYHEW OF TWYSDEN
THE LORD CARLISLE OF BUCKLOW

44*Page 3, line 21, at end insert—
"(   )  All court proceedings in relation to control orders made under this section shall comply with the United Kingdom's obligations under Article 6 of the European Convention on Human Rights."
 

Clause 2

 

THE BARONESS SCOTLAND OF ASTHAL
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

45*Page 3, line 23, leave out "make" and insert "apply to the court for"
46*Page 3, line 23, after "order" insert "under section 1"
 

THE LORD CARLISLE OF BUCKLOW
THE EARL OF ONSLOW

47*Page 3, line 26, leave out "on the balance of probabilities" and insert "beyond reasonable doubt"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

48*Page 3, line 35, leave out subsections (2) to (7)
 

THE LORD CARLISLE OF BUCKLOW
THE LORD KINGSLAND
THE EARL OF ONSLOW

49*Page 3, line 35, leave out from "imposing" to end of line 36
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

50*Page 3, line 39, leave out from "whether" to the end of line 42 and insert—
  "the Secretary of State has shown on the balance of probabilities—
(i)  that the person is an individual who is or has been involved in terrorism-related activity, there is a designated derogation within subsection (1)(c) and the obligation is within subsection (1)(d); and
(ii)  that the imposition of the obligation is necessary for purposes connected with protecting members of the public from risks arising out of, or associated, with a particular public emergency."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD CARLISLE OF BUCKLOW
THE LORD MAYHEW OF TWYSDEN

51*Page 3, line 45, at end insert—
"(   )  The controlled person has a right to be heard on a reference under subsection (2)(a)."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

52*Page 4, leave out lines 1 to 7 and insert—
"(a)  if not satisfied that the Secretary of State has proved the matters in subsection (2)(b)(i), must quash the order;
(b)  if satisfied that the matters in subsection (2)(b)(i) have been proved but not satisfied that the matters in subsection (2)(b)(ii) have been proved, must quash the derogating obligation imposed by the order."
53*Page 4, line 22, at end insert—
"(   )  power to award to the controlled person their costs of the proceedings."
 

THE LORD KINGSLAND
THE LORD MAYHEW OF TWYSDEN

54*Page 4, lines 34, at end insert—
"(   )  All court proceedings in relation to control orders made under this section shall comply with the United Kingdom's obligations under Article 6 of the European Convention on Human Rights."

 
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©Parliamentary copyright 2005
3 March 2005