NINTH REPORT
Instrument drawn to the special attention of the house
The Committee has considered the following instrument
and has determined that the special attention of the House should
be drawn to it on the ground specified.
Draft Prevention of Terrorism Act 2005 (Continuance
in force of sections 1 to 9) Order 2008
Summary: This Order extends, for a further 12
months, the current provisions for the supervision of terrorist
suspects by means of control orders. There are currently 14 control
orders in force. The annual report by the Independent Reviewer
of the Prevention of Terrorism Act 2005, Lord Carlile of Berriew
QC, is due to be published in February and we trust that it will
be made available to the House in good time for the debate. To
maintain the current provisions, the new Order must take effect
by 11 March 2008.
This Order is drawn to the special attention of
the House on the ground that it gives rise to issues of public
policy likely to be of interest to the House.
1. The Home Office have laid this Order under
section 13(2)(c) of the Prevention of Terrorism Act 2005 ("the
Act") together with an Explanatory Memorandum (EM).
2. This Order provides for the continuation of
the powers in sections 1 to 9 of the Act for a further year, from
11 March 2008 until the end of 10 March 2009. The powers are needed
to ensure that a control order can continue to be made against
any individual where the Secretary of State has reasonable grounds
for suspecting that individual is or has been involved in terrorism-related
activity and considers it necessary to impose obligations on that
individual in order to protect the public from a risk of terrorism.
3. The Secretary of State reports to Parliament
every quarter on the exercise of control order powers. In the
latest statement (HC Deb 12 December 2007 col 38WS-40WS) it was
announced that there were fourteen non-derogating control orders
in force. In accordance with section 13(3) of the Act, the Secretary
of State has consulted the Independent Reviewer of the Act (Lord
Carlile of Berriew QC), the Intelligence Services Commissioner,
and the Director-General of the Security Service; they were content
with the proposal to renew the Act for a further year.
4. The annual report of the Independent Reviewer
of the Act, Lord Carlile of Berriew, which will give details of
how the control order system is operating, was not laid together
with the Order. The EM states that it is due to be published in
February. We regard it as poor practice that it was not
available at the same time as the Order was laid and we trust
that the report will be made available to the House in good time
for the debate.
Other instrument of interest
DRAFT IMMIGRATION AND NATIONALITY (FEES) (AMENDMENT)
REGULATIONS 2008
5. In our 4th Report of this session, we drew
attention to the draft Immigration and Nationality (Fees) (Amendment)
Order 2007 (now made as SI 2008/166) which gave the Home Secretary
new powers to charge fees for biometric identity cards and for
sponsorship licences under the evolving Points-Based System for
immigration. These Regulations, the draft Immigration
and Nationality (Fees) (Amendment) Regulations 2008, now set the
level of the fees for applications under the new points-based
system. As is permitted by the Act, the fees are set on a different
basis from full cost recovery and contain an element of cross-subsidy:
a full explanation of the policy is set out in the Explanatory
Memorandum and Impact Assessment. A recent Written Statement (HL
Deb 30 January 2008 col WS38-41) gave an overview of the intended
levels of all immigration and nationality fees for 2008-09: some
are set out in these Regulations, others will be implemented in
further instruments which we expect to be laid shortly.
Instruments not drawn to the special attention of the house
The Committee has considered the instruments
set out below and has determined that the special attention of
the House need not be drawn to them.
Draft Instruments requiring affirmative approval
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| Guaranteed Minimum Pensions Increase Order 2008
|
| Immigration and Nationality (Fees) (Amendment) Regulations 2008
|
| Social Security Benefits Up-rating Order 2008
|
| Social Security (Contributions) (Re-rating) Order 2008
|
Instruments subject to annulment
|
| SI 2008/42 |
Miscellaneous Food Additives (Amendment) (England) Regulations 2008 |
| SI 2008/46 | Consistent Financial Reporting (England) (Amendment) Regulations 2008
|
| SI 2008/47 | Schools Forum (England) (Amendment) Regulations 2008
|
| SI 2008/48 | Absent Voting (Transitional Provisions) (Scotland) Regulations 2008
|
| SI 2008/49 | Manchester College (Incorporation) Order 2008
|
| SI 2008/50 | Manchester College (Government) Regulations 2008
|
| SI 2008/80 | Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2008
|
| SI 2008/81 | European Communities (Lawyer's Practice and Services of Lawyers) (Amendment) Regulations 2008
|
| SI 2008/82 | Police Authorities (Particular Functions and Transitional Provisions) Order 2008
|
| SI 2008/83 | East Kent Hospitals National Health Service Trust (Transfer of Trust Property) Order 2008
|
| SI 2008/85 | Condensed Milk and Dried Milk (England) (Amendment) Regulations 2008
|
| SI 2008/97 | Ozone Depleting Substances (Qualifications) (Amendment) Regulations 2008
|
| SI 2008/115 | Family Proceedings Fees (Amendment) Order 2008
|
| SI 2008/116 | Civil Proceedings Fees (Amendment) Order 2008
|
| SI 2008/117 | Magistrates' Courts Fees (Amendment) Order 2008
|
| SI 2008/131 | Export Control (Democratic Republic of Congo) (Amendment) Order 2008
|
| SI 2008/133 | Social Security (Contributions) (Amendment) Regulations 2008
|
| SI 2008/135 | British Citizenship (Designated Service) (Amendment) Order 2008
|
Instruments subject to annulment (Northern Ireland)
|
| SR 2008/22 | Rules of the Supreme Court (Northern Ireland) (Amendment) 2008
|
| SR 2008/23 | Criminal Appeal (Offenders Assisting Investigations and Prosecutions) Rules (Northern Ireland) 2008
|
| SR 2008/24 | Family Proceedings (Amendment) Rules (Northern Ireland) 2008
|
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