Session 2010-11
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Terrorist Asset-Freezing etc. Bill [HL]


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

Clause 2

LORD LLOYD OF BERWICK

1

Page 2, line 3, at beginning insert “Subject to section (Treasury’s power to make final designation (No. 2)),”

LORD SASSOON

2

Page 2, line 14, leave out ““terrorist activity” means” and insert “involvement in terrorist activity is”

After Clause 2

LORD LLOYD OF BERWICK

3

Insert the following new Clause—

“Treasury’s power to make final designation (No. 2)

The Treasury may only make a final designation of a person described in section 2(1) if he has been charged with a criminal offence falling within section 2(2).”

Clause 4

LORD LLOYD OF BERWICK

4

Page 3, line 5, after “expires” insert—

“(a) if the person charged is acquitted, or the charge is dropped, or

(b) ”

5

Page 3, line 6, at end insert—

“whichever is the earlier”

6

Page 3, line 8, after “(b)” insert “and section (Treasury’s power to make final designation (No. 2))”

LORD SASSOON

7

Page 3, line 17, leave out “such steps as they consider appropriate” and insert “reasonable steps”

Clause 5

LORD SASSOON

8

Page 3, line 24, leave out “such steps as they consider appropriate” and insert “reasonable steps”

Clause 6

LORD LLOYD OF BERWICK

9

Page 3, line 28, after “make” insert “an application to the High Court or, in Scotland, the Court of Session for leave to make”

LORD PANNICK

10

Page 3, line 38, at end insert “, and

( ) they consider that it is necessary to act as a matter of urgency before proper consideration can be given to whether section 2(1)(a) applies.”

LORD LLOYD OF BERWICK

11

Page 3, line 38, at end insert—

“( ) On the making of such an application, the court may grant the application, or make such other order as it considers appropriate.”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

12

Page 4, line 2, leave out “in relation to the same evidence” and insert—

“(a) in relation to the same or substantially the same evidence, or

(b) within a period of six months”

LORD PANNICK

13

Page 4, line 2, after “to” insert “substantially”

LORD SASSOON

14

Page 4, line 2, after “same” insert “, or substantially the same,”

Clause 8

LORD LLOYD OF BERWICK

15

Page 4, line 25, leave out “30” and insert “14”

LORD SASSOON

16

Page 4, line 31, leave out “such steps as they consider appropriate” and insert “reasonable steps”

LORD DAVIES OF OLDHAM

LORD BACH

17

Page 4, line 38, insert—

“( ) The expiry of an interim designation does not prohibit the continued investigation of that person by the relevant authorities.”

Clause 9

LORD SASSOON

18

Page 5, line 3, leave out “such steps as they consider appropriate” and insert “reasonable steps”

Clause 17

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

19

Page 8, line 14, at end insert—

“(4A) An application for a licence for the purposes set out in subsection (4B) shall be dealt with by the Treasury as a matter of urgency.”

20*

Page 8, line 14, at end insert—

“(4B) A licence shall, if requested, be granted to enable the designated person or any other affected person to have access to funds or economic resources sufficient for the reasonable living costs of the person and his or her dependants (if any).”

20A*

Page 8, line 14, at end insert—

“(4C) A licence shall, if requested, be granted to enable the designated person or any other affected person to be provided with legal representation or advice by a person subject to regulation as a legally qualified person.”

Clause 22

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

20B*

Page 11, line 13, at end insert—

“(3) A person must comply with a request under this Chapter even if doing so might constitute evidence that the person has committed an offence.

(4) But in criminal proceedings in which a person is charged with an offence—

(a) no evidence relating to any answer given, or anything else done, in response to the request may be adduced by or on behalf of the prosecution, and

(b) no question relating to those matters may be asked by or on behalf of the prosecution,

unless evidence relating to those matters is adduced, or a question relating to those matters is asked, in the proceedings by or on behalf of the person.

(5) Subsection (4) does not apply to—

(a) an offence under section 112 of the Social Security Administration Act 1992 (false representation for obtaining benefit etc);

(b) an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath); or

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations).”

Clause 26

LORD PANNICK

21

Page 13, line 3, at end insert “including the award of damages if and to the extent that the court thinks it just and appropriate to do so”

Clause 27

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

22

Page 13, line 12, at end insert “or varied”

Clause 28

LORD PANNICK

LORD LESTER OF HERNE HILL

23

Page 14, line 2, at end insert—

“(5) In section 67(3) of the Counter-Terrorism Act 2008 (rules of court about disclosure)—

(a) in paragraph (c) after “that” insert “subject to paragraph (ca) below”; and

(b) after paragraph (c) insert—

“(ca) that in relation to a final designation, the material disclosed by the Treasury on which they rely is sufficient to enable each designated person to give effective instructions to a person appointed as a special advocate to represent that party’s interests;”.”

Clause 31

LORD JUDD

LORD DUBS

LORD LESTER OF HERNE HILL

23A*

Page 15, line 29, at end insert—

“( ) A person may not be appointed under subsection (1) unless—

(a) the Secretary of State lays a report before both Houses of Parliament which recommends the person and sets out the process by which he was chosen,

(b) a Minister of the Crown tables a motion in both Houses to approve the report laid under this subsection, and appoint the person, and

(c) such a motion is agreed by a resolution of both Houses of Parliament.”

23B*

Page 15, line 34, at end insert—

“( ) The person who conducts a review under this section shall be assisted in the task by a secretariat which is independent of the government.”

23C*

Page 15, line 35, leave out “send the Treasury a”

23D*

Page 15, line 36, after “report” insert “to Parliament”

23E*

Page 15, line 38, leave out subsection (4)

23F*

Page 15, line 41, at end insert—

“( ) Any appointment under subsection (1) shall be for a non-renewable term of 5 years.”

Schedule 1

LORD PANNICK

LORD LESTER OF HERNE HILL

24

Page 29, line 28, at end insert—

“(fa) omit rule 79.2,”