Terrorism Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
116     Page 20, line 30, leave out ("or (2)") and insert (", (2) or (2A)") 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
117     Page 20, line 31, leave out ("expedient") and insert ("reasonably necessary") 
  
Clause 45
 
  
BY THE LORD MARLESFORD
 
118     Page 21, line 25, at end insert--
 
    ("(5A)  Where a person stopped by virtue of section 44(2A) applies for a written statement that he was stopped by virtue of section 44(2A), the written statement shall be provided.")
 
119     Page 21, line 26, after ("(5)") insert ("or (5A)") 
  
Clause 47
 
  
BY THE LORD MARLESFORD
 
120     Page 22, line 12, at end insert ("or (2A)") 
121     Page 22, line 12, at end insert--
    ("(  )  fails to provide details of his identity when required to do so by a constable in the exercise of power conferred by an authorisation under section 44(2A);")
 
122     Page 22, line 14, leave out ("or (2)") and insert (", (2) or (2A)") 
  
Clause 48
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
123     Page 22, line 25, leave out ("expedient") and insert ("reasonably necessary") 
  
Clause 53
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
124     Page 24, line 14, leave out ("repeal") insert ("revoke an order made under") 
  
Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
125     Page 104, line 41, at end insert ("and
    vehicle" includes a train.")
 
126     Page 104, line 41, at end insert--
 
    ("(  )  A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person--
    (a)  has gone there for the purpose of embarking on a ship or aircraft, or
    (b)  has arrived there on disembarking from a ship or aircraft.")
 
127     Page 106, line 27, after ("search") insert ("or examination") 
128     Page 106, line 35, after ("is") insert ("searched or") 
129     Page 107, line 36, leave out second ("the") and insert ("a") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
130     Page 108, line 28, after ("provision") insert (", in connection with specific counter-terrorist operations,") 
  
BY THE VISCOUNT SIMON
THE LORD BRABAZON OF TARA
 
131     Page 108, line 33, after second ("passengers") insert ("prior to the arrival of the relevant voyage or flight at its destination") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
132     Page 109, line 1, after ("If") insert (", in connection with specific counter-terrorist operations,") 
  
BY THE LORD GREENWAY
 
132A     Page 109, line 1, leave out ("an examining officer") and insert ("the Chief Constable for the police area in which the port of arrival is situated") 
  
BY THE VISCOUNT SIMON
THE LORD BRABAZON OF TARA
 
133     Page 109, line 3, at end insert ("as soon as reasonably practicable.
 
    (2A)  The examining officer shall only make requests under sub-paragraph (2)--
    (a)  after consultation with a police officer having the rank of Assistant Chief Constable or above; and
    (b)  where the request will enhance the effectiveness of a specific terrorist investigation.")
 
  
BY THE LORD GREENWAY
 
133A     Page 109, line 3, at end insert ("as soon as reasonably practicable") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
134     Page 109, line 10, after ("State") insert (", which the owners or agents have in their possession or may reasonably be expected to obtain,") 
  
BY THE LORD BASSAM OF BRIGHTON
 
135     Page 109, line 26, after ("search") insert ("or examination") 
  
BY THE VISCOUNT SIMON
THE LORD BRABAZON OF TARA
 
136     Page 109, line 27, at end insert--
 
    ("(1A)  It is a defence for an owner or agent of a ship or aircraft charged with an offence under paragraph 17(2) to prove either--
    (a)  that the specified information requested was not in his possession; or
    (b)  that it was not reasonably practicable for him to comply with the request.")
 
  
BY THE LORD GREENWAY
 
136A     Page 109, line 27, at end insert--
 
    ("(1A) It is a defence for an owner or agent of a ship or aircraft charged with an offence under sub-paragraph (1) pursuant to paragraph 17(2) to prove either--
    (a)  that the specified information requested was not in his possession; or
    (b)  that it was not reasonably practicable for him to comply with the request.")
 
  
BY THE VISCOUNT SIMON
THE LORD BRABAZON OF TARA
 
137     Page 109, line 28, leave out ("this paragraph") and insert ("sub-paragraph (1)") 
  
Clause 54
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
138     Page 24, line 22, after ("if") insert ("for the purpose of assisting, preparing for or participating in terrorism") 
139     Page 24, line 27, after ("if") insert ("for the purpose of assisting, preparing for or participating in terrorism") 
140     Page 25, line 1, leave out subsection (5) 
  
BY THE LORD BASSAM OF BRIGHTON
 
141     Page 25, line 14, at end insert--
 
    ("(  )  Before making an order under subsection (7) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
 
    (  )  An order under subsection (7) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).")
 
  
Clause 56
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
142     Page 25, line 25, leave out (", at any level,") 
  
After Clause 56
 
  
BY THE LORD LLOYD OF BERWICK
 
142A*     Insert the following new Clause-- 
     ("  .--(1)  A person commits an offence if he is concerned in the commission, preparation or instigation of acts of terrorism within the meaning given by section 1.
 
    (2)  A person guilty of an offence under this section shall be liable--
    (a)  on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
    (b)  on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.")
Commission, preparation or instigation of acts of terrorism.
  
Clause 57
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
143     Page 25, line 30, leave out ("commits an offence") and insert ("may be arrested under section 41") 
144     Page 25, line 30, after ("article") insert ("without reasonable excuse") 
145     Page 25, line 33, at end insert--
 
    ("(  )  A person commits an offence if he possesses an article which is for a purpose connected with the commission, preparation or instigation of an act of terrorism.")
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
146     Page 25, line 34, leave out from beginning to ("that") in line 35 and insert ("A person shall not be convicted of an offence under this section if there are reasonable grounds for believing") 
  
BY THE LORD BEAUMONT OF WHITLEY
 
147     Page 25, line 34, leave out ("is a defence for") and insert ("shall be for the prosecution to prove that") 
148     Page 25, line 34, leave out ("to prove that") and insert ("had in") 
149     Page 25, line 35, leave out ("of") 
150     Page 25, line 35, leave out ("was not") 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
151     Page 25, line 37, leave out subsection (3) 
  
BY THE LORD BEAUMONT OF WHITLEY
 
152     Page 25, line 39, leave out paragraph (a) 
153     Page 25, line 42, leave out ("unless he proves") and insert ("although it is for the prosecution to prove") 
154     Page 25, line 43, leave out ("did not know") and insert ("knew") 
155     Page 25, line 43, leave out ("or") and insert ("and") 
156     Page 25, line 43, leave out ("no") 
  
Clause 58
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
157     Page 26, line 7, at end insert ("without reasonable excuse") 
158     Page 26, line 13, leave out subsection (3) 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
159     Page 26, line 13, leave out from beginning to ("that") in line 14 and insert ("A person shall not be convicted of an offence under this section if there are reasonable grounds for believing") 
  
Clause 61
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill. 
  
Clause 76
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 76 stand part of the Bill. 
  
Clause 80
 
  
BY THE LORD BASSAM OF BRIGHTON
 
160     Page 39, line 21, at end insert ("and") 
  
Clause 89
 
  
BY THE LORD MARLESFORD
 
161     Page 43, line 20, at end insert--
 
    ("(  ) For the purposes of subsection (1)(a), a person required to give details of his identity to an officer must--
    (a)  if he is a United Kingdom citizen, provide the officer with his National Health Service number; or
    (b)  if he is not a United Kingdom citizen, provide the officer with--
 
 
    (i) his passport details, or

    (ii) details of other documentation used to gain entry to the United Kingdom,

 
 and must also provide such other particulars as the constable may reasonably require.") 
  
Clause 95
 
  
BY THE LORD BASSAM OF BRIGHTON
 
162     Page 46, line 22, after ("(3)") insert (", 8") 
163     Page 46, line 25, leave out ("7") and insert ("8") 
  
After Clause 95
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
THE VISCOUNT BRIDGEMAN
 
164     Insert the following new Clause-- 
     ("  .  Schedule (Detention of terrorists) shall have effect with respect to the detention of terrorists and persons suspected of being terrorists.")Detention of terrorists.
  
Before Schedule 11
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
THE VISCOUNT BRIDGEMAN
 
165     Insert the following new Schedule-- 
 ("SCHEDULE 
 DETENTION OF TERRORISTs 
 Advisers 
     1.  The Secretary of State shall for the purposes of this Schedule appoint such number of Advisers as he may determine to advise him on matters concerning the detention and release of terrorists.
 
    2.  An Adviser shall be a person who holds or has held judicial office in any part of the United Kingdom or who is--
    (a)  a person who has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or
    (b)  an advocate or solicitor in Scotland of at least ten years' standing; or
    (c)  a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years' standing.
    3.--(1)  An Adviser shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for reappointment.
 
    (2)  An Adviser may at any time by notice in writing to the Secretary of State resign his office.
 
    (3)  The Secretary of State may pay to the Advisers such remuneration and allowances as he may determine.
 
 Interim custody orders 
     4.--(1)  Where it appears to the Secretary of State that there are grounds for suspecting that a person has been concerned--
    (a)  in the commission or attempted commission of any act of terrorism, or
    (b)  in directing, organising or training persons for the purpose of terrorism,
the Secretary of State may make an interim custody order for the temporary detention of that person.
 
    (2)  An interim custody order shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.
 
    5.--(1)  The Secretary of State may, at any time before the expiry of the period of fourteen days following the date of an interim custody order, refer the case to an Adviser and, unless the case is so referred, the order shall cease to have effect at the expiry of that period.
 
    (2)  A reference to an Adviser under this paragraph shall be by notice in writing signed on behalf of the Secretary of State and a copy of the notice shall be sent to the person detained.
 
 Reference to an Adviser 
     6.--(1)  As soon as possible after a case is referred to an Adviser under paragraph 5, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.
 
    (2)  A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1), send to the Secretary of State--
    (a)  written representations concerning his case; and
    (b)  a written request that he be seen personally by an Adviser;
and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.
 
    (3)  The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.
 
    7.--(1)  Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion--
    (a)  the person detained has been concerned in terrorist activities; and
    (b)  the detention of that person is necessary for the protection of the public.
    (2)  In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the person detained.
 
    (3)  No person shall be present during the consideration by an Adviser of the case of any person referred to him, except--
    (a)  any person who for the time being is being seen by the Adviser;
    (b)  any assistant to the Adviser; and
    (c)  any person who is present in the interests of security.
    (4)  The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.
 
 Detention orders 
     8.--(1)  After receiving a report made by an Adviser under paragraph 7(1), the Secretary of State shall consider the case of the person to whom it relates and, if he is satisfied--
    (a)  that the person has been concerned in the commission or attempted commission of any act of terrorism, or in directing, organising or training persons for the purpose of terrorism, and
    (b)  that the detention of that person is necessary for the protection of the public,
the Secretary of State may make a detention order for the detention of that person.
 
    (2)  If, on considering any case under sub-paragraph (1), the Secretary of State is not satisfied as mentioned in that sub-paragraph, he shall direct the release of the person concerned.
 
    (3)  Subject to sub-paragraphs (4) and (5), where--
    (a)  a person is detained under an interim custody order; and
    (b)  a detention order is not made in respect of that person within the period of seven weeks following the date of the interim custody order,
the interim custody order shall cease to have effect.
 
    (4)  The Secretary of State may, where a person is required to be detained under an interim custody order, give a direction in writing extending the period of seven weeks mentioned in sub-paragraph (3) (or that period as extended under this sub-paragraph) for a further period of one week if it is stated in the direction that the report of the Adviser in relation to that person's case has not been received before the sixth day immediately preceding the day on which the interim custody order would, but for the direction, cease to have effect.
 
    (5)  Not more than three directions under sub-paragraph (4) shall be given in respect of any one interim custody order.
 
    (6)  A detention order shall be signed by the Secretary of State, and a direction under sub-paragraph (4) shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.
 
 Supplemental 
     9.--(1)  The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and, if so requested in writing in accordance with sub-paragraph (2) by a person so detained, shall do so within fourteen days beginning with the receipt of the request.
 
    (2)  A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1)--
    (a)  before the expiry of the period of one year beginning with the date of the detention order; or
    (b)  within a period of six months from the date of the last notification under sub-paragraph (5) below.
    (3)  On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person's continued detention is necessary for the protection of the public.
 
    (4)  Paragraphs 6(3) and 7(2) to (4) shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5.
 
    (5)  Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.
 
    (6)  A notification under sub-paragraph (5) shall be by notice in writing and signed by the Secretary of State.
 
    10.--(1)  The Secretary of State may, as respects a person detained under an interim custody order--
    (a)  direct his discharge unconditionally; or
    (b)  direct his release (whether or not subject to conditions) for a specified period.
    (2)  The Secretary of State may, as respects a person detained under a detention order--
    (a)  direct his discharge unconditionally; or
    (b)  direct his release subject to conditions or for a specified period, or both.
    (3)  The Secretary of State may recall to detention a person released under sub-paragraph (1)(b) or (2)(b) and a person so recalled may be detained under the original interim custody or detention order, as the case may be.
 
    (4)  Where a person is released under sub-paragraph (1)(b), any period during which he is not in detention shall be left out of account for the purposes of paragraphs 5(1), 6(2) and 8(3).
 
    11.--(1)  A person required to be detained under an interim custody order or a detention order may be detained in a prison or in some other place approved for the purposes of this paragraph by the Secretary of State.
 
    (2)  A person for the time being having custody of a person required to be detained as aforesaid shall have all the powers, authorities, protection and privileges of a constable.
 
    (3)  Subject to any directions of the Secretary of State, a person required to be detained as aforesaid shall be treated as nearly as may be as if he were a prisoner detained in a prison on remand and any power of temporary removal for judicial, medical or other purposes shall apply accordingly.
 
    (4)  A person required to be detained as aforesaid who is unlawfully at large may be arrested without warrant by any constable or any member of Her Majesty's forces on duty.
 
    12.  Where a person required to be detained under an interim custody order is unlawfully at large, the interim custody order shall not cease to have effect under paragraph 5 or 8 while he remains at large; and, upon his being taken again into custody, those paragraphs shall have effect as if the date of the interim custody order were that of his being taken again into custody.
 
    13.  Any person who--
    (a)  being detained under an interim custody order or detention order, escapes;

    (b)  rescues any person detained as aforesaid, or assists a person so detained in escaping or attempting to escape;

 
 
    (c)  fails to return to detention at the expiry of a period for which he was released under paragraph 10(1)(b) or (2)(b); or
    (d)  knowingly harbours any person required to be detained under an interim custody order or detention order, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody,
is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding five years or a fine or both.
 
    14.--(1)  Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Schedule and to be signed in accordance with this Schedule shall be received in evidence and shall, until the contrary is proved, be deemed to be duly made or given and signed.
 
    (2)  Prima facie evidence of any such order, notice or direction may, in any legal proceedings, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State stating that the document is a true copy of the order, notice or direction; and the certificate shall be received in evidence, and shall, until the contrary is proved, be deemed to be duly made and signed.
 
    15.  The Secretary of State may make such payments to persons released or about to be released from detention under this Schedule as he may, with the consent of the Treasury, determine.")
 
 
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