Seventh Report Contents

Draft Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2016

Date laid: 4 July 2016

Parliamentary procedure: affirmative

Terrorism Prevention and Investigation Measures notices (TPIMs) are placed on terror suspects by the Home Secretary when officials decide that the person can neither be prosecuted or deported but needs to have their movement or contacts restricted to protect the public. The current arrangements, made under section 21(1) of the parent Act, were limited to five years and will lapse at midnight on 13 December 2016 unless an Order is made to provide for the continuation of TPIM powers. In view of current threat levels the Home Office is seeking authority to operate the scheme for another five years, the maximum time available under the parent Act. We commend the Home Office for starting the process in good time to allow full discussion, as, if agreed, the matter will not come before Parliament again until 2021.

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.

29.This draft Order has been laid by the Home Office under section 21(3) of the Terrorism Prevention and Investigation Measures Act 2011 (“the Act”) with a revised Explanatory Memorandum (EM).9 The instrument seeks to extend the current power to issue notices for a further five years.

Background

30.Terrorism Prevention and Investigation Measures notices (TPIMs) are placed on terror suspects by the Home Secretary when officials decide that the person can neither be charged nor deported but needs to have their movement or contacts restricted to protect the public. Such a suspect might have to wear an electronic tag, be subject to a curfew, be kept under surveillance and the police can enter their home at any time if it is thought that they have absconded. A warrant is required at other times, for example, if the police wish to check whether the person is in compliance with the conditions set by the notice.

31.A TPIM is valid for one year with the option of being extended for a further year. At the end of the second year the TPIM will expire. A new TPIM can be imposed if the subject has been involved in new terrorism related activity and the other conditions for imposing a TPIM are satisfied.

32.The last published set of figures10 state that one TPIM is in force and that a total of 12 TPIMs have been imposed since the legislation was passed. The Government’s use of the system is subject to independent monitoring, and a report is laid before Parliament annually.

Renewal

33.The current arrangements, made under section 21(1) of the Act, were limited to five years and will lapse at midnight on 13 December 2016 unless an Order is made to provide for the continuation of TPIM powers. In view of current threat levels the Home Office is seeking authority to operate the scheme for another five years, the maximum time available under the Act. We commend the Home Office for starting the process in good time to allow full discussion, as, if agreed, the matter will not come before Parliament again until 2021.


9 The original EM had insufficient background information.




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