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Amendments to the Terrorism Bill

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

Here you can browse the Third Marshalled List of Amendments to the Terrorism Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 13th April 2000, as follows-- 
 Clauses 76 to 84
Schedule 10
Clauses 85 to 98
Schedule 11
Clauses 99 to 102
Schedule 12
Clauses 103 to 106
Schedule 13
Clauses 107 to 115
Schedule 14
Clauses 116 to 124
Schedules 15 and 16
Clauses 125 to 130
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
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.")
 
  
Clause 100
 
  
BY THE LORD BASSAM OF BRIGHTON
 
166     Page 48, line 31, at end insert ("if they take place in a police station (within the meaning of Schedule 8)") 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
167     Page 136, line 33, after ("Chancellor") insert ("by statutory instrument") 
168     Page 138, line 45, leave out ("(4)") and insert ("(3)") 
  
Clause 107
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
THE BARONESS SECCOMBE
THE VISCOUNT BRIDGEMAN
 
169     Page 51, line 6, at beginning insert ("either--
          (i)")
 
170     Page 51, line 7, at end insert (", or
          (ii)  it has failed to satisfy any of the four factors set out in section 3(9)(a), (b), (c) and (d) of the Northern Ireland (Sentences) Act 1998")
 
171     Page 51, line 7, at end insert (", or
          (iii)  it has not implemented the Decommissioning section of the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883 as verified by the Commission referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997")
 
  
Clause 108
 
  
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 108 stand part of the bill. 
  
Schedule 14
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
172     Page 139, line 19, leave out paragraph (e) 
  
Clause 117
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
173     Page 54, line 36, leave out ("subsection (3)") and insert ("subsections (3) and (4)") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
174     Page 54, line 38, leave out ("Director of Public Prosecutions") and insert ("Attorney General") 
175     Page 54, line 41, leave out ("Director of Public Prosecutions") and insert ("Attorney General") 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
176     Page 55, line 6, at end insert--
 
    ("(4)  Proceedings shall not be instituted in England and Wales without the consent of the Attorney General for--
    (a)  any offence relating to a proscribed organisation if the organisation is concerned in terrorism (as defined in section 3(5)) wholly or mainly outside the United Kingdom;
    (b)  any offence under sections 15 to 19 or 54 to 58 relating to terrorism wholly or mainly outside the United Kingdom; or
    (c)  any offence under sections 59 to 63.")
 
 
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