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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 Marshalled List of Amendments to the Terrorism Bill to be moved on Report in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
1     Page 1, line 7, leave out subsection (1) and insert--
 
    ("(1)  In this Act "terrorism" means the use or threat of action where--
    (a)  the action falls within subsection (1A),
    (b)  the use or threat is designed to influence the government or to intimidate the public or a section of the public, and
    (c)  the use or threat is made for the purpose of advancing a political, religious or ideological cause.
    (1A)  Action falls within this subsection if it--
    (a)  involves serious violence against a person,
    (b)  involves serious damage to property,
    (c)  endangers a person's life,
    (d)  creates a serious risk to the health or safety of the public or a section of the public, or
    (e)  is designed seriously to interfere with or seriously to disrupt an electronic system.
    (1B)  The use or threat of action falling within subsection (1A) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.")
 
  
BY THE LORD LLOYD OF BERWICK
THE LORD COPE OF BERKELEY
 
2     Page 1, line 7, leave out from ("threat") to second ("the") in line 17 and insert ("of violence which is intended to intimidate the public, or any section of the public, in order to promote political, religious or ideological aims.
 
    (2)  In subsection (1)--
    (a)  violence" means action which causes or is intended to cause--
          (i)  death or serious injury to the person, whether or not within the United Kingdom, or serious damage to property, wherever situated, and "damage" includes interference with the functioning of electronic equipment, or
          (ii)  serious harm to national security, public safety or the economic well-being of the country,
    (b)  the public" includes")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
3     Page 1, line 13, leave out ("subsection (1)") and insert ("this section") 
4     Page 1, line 18, at end insert (", and
    (d)  the government" means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.")
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
5     Leave out Clause 1 and insert the following new Clause-- 
     ("  .  In this Act "terrorism" means the use or threat--
    (a)  of action which--
          (i)  is intended to cause death or serious bodily injury, to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, or is reckless as to whether such life is endangered; or
          (ii)  is in breach of the Geneva Conventions on the Laws of War or would be if they were applicable,
    when the purpose of such act, by its nature or context, is to intimidate the public or a section of the public, or to coerce a government or an international organisation, to do or to abstain from doing any act: or
    (b)  of action which constitutes an offence within the scope of and as defined in one of the treaties listed in Schedule (Treaties relating to terrorism).")
Terrorism: interpretation.
  
Clause 3
 
  
BY THE LORD GLENTORAN
 
6*     Page 2, line 25, at end insert--
 
    ("(6)  In exercising his powers to proscribe organisations under subsection (3), the Secretary of State must take into account the activities of any organisation engaging in terrorist activities (as defined in this Act) in countries other than the United Kingdom.")
 
  
Clause 5
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
7     Page 2, line 39, at end insert--
 
    ("(  )  Where an order has been made under section 3(3)(a), the organisation, or any person affected by the organisation's proscription, may appeal to the Commission.")
 
8     Page 3, line 3, leave out ("against a refusal to deproscribe an organisation") and insert ("under this section") 
9     Page 3, line 4, leave out ("refuse") and insert ("make the order or refuse the application") 
10     Page 3, line 15, at end insert--
 
    ("(5A)  Subsection (5B) applies if an appeal against an order adding an organisation to Schedule 2 is allowed, or if the order ceases to have effect by reason of section 123(5)(b).
 
    (5B)  Where this subsection applies, any conviction for an offence under this Act and any forfeiture order made under section 23 shall be annulled if the fact that the organisation referred to in subsection (5A) was a proscribed organisation by reason of the order referred to in that subsection was a material fact in obtaining the conviction or order.")
 
  
Clause 12
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
11     Page 7, line 9, leave out paragraph (c) 
  
BY THE LORD BASSAM OF BRIGHTON
 
12     Page 7, line 13, leave out from ("activities") to end of line 15 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
13     Page 7, line 14, leave out paragraph (b) 
  
Clause 19
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
14     Page 9, line 12, at end insert ("other than journalism") 
  
Clause 35
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
15     Page 16, line 42, leave out ("14") and insert ("7") 
16     Page 17, line 3, leave out paragraphs (a) and (b) and insert ("an officer of at least the rank of Assistant Chief Constable") 
  
Clause 40
 
  
BY THE LORD LLOYD OF BERWICK
 
17     Page 18, line 41, leave out paragraph (b) 
18     Page 18, line 43, leave out subsection (2) 
  
After Clause 56
 
  
BY THE LORD LLOYD OF BERWICK
 
19     Insert the following new Clause-- 
     ("  .--(1)  A person commits an offence if he engages in the preparation or instigation of an act of terrorism.
 
    (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.")
Preparation or instigation of acts of terrorism.
  
After Clause 64
 
  
BY THE LORD GLENTORAN
 
20*     Insert the following new Clause-- 
 ("Inferences and forfeiture orders 
     ("  .--(1)  This section applies where a person is charged with an offence under this Part.
 
    (2)  Subsection (4) applies where evidence is given that--
    (a)  at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
    (b)  before being questioned the accused was permitted to consult a solicitor.
    (3)  Subsection (4) also applies where evidence is given that--
    (a)  on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
    (b)  before being charged or informed the accused was permitted to consult a solicitor.
    (4)  Where this subsection applies--
    (a)  the court, in considering any question whether the accused is guilty of an offence under this Part, may draw from the failure inferences relating to that question, but
    (b)  the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the inferences.
    (5)  Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.")
Inferences: offences under this Part.
21*     Insert the following new Clause-- 
     ("  .--(1)  This section applies if a person is charged with an offence under this Part.
 
    (2)  The court by or before which the person is convicted may order the forfeiture of any money or other property if--
    (a)  he had it in his possession or under his control at the time of the offence, and
    (b)  it has been used in connection with the alleged offence under this Part or the court believes that it may be used in that connection unless it is forfeited.
    (3)  Before making an order under this section the 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 this section.
 
    (4)  A question arising as to whether subsection (1) or (2)(a) or (b) is satisfied shall be determined on the balance of probabilities.
 
    (5)  Schedule 4 shall apply (with the necessary modifications) in relation to orders under this section as it applies in relation to orders made under section 23.")
Forfeiture orders: offences under this Part.
  
Clause 107
 
  
BY THE LORD GLENTORAN
THE LORD COPE OF BERKELEY
 
22     Page 51, line 5, leave out ("and") and insert ("or") 
  
Clause 108
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
23     Leave out Clause 108 
  
Clause 113
 
  
BY THE LORD BASSAM OF BRIGHTON
 
24     Page 54, line 9, at end insert--
 
    ("(  )  Paragraph 18A of Schedule 9 shall have effect only in relation to an offence alleged to have been committed after the coming into force of that Schedule.")
 
  
Clause 117
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
25     Page 54, line 36, leave out ("subsection (3)") and insert ("subsections (3) to (5)") 
26     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.
    (5)  Any consent under this section which could have been given by the Director of Public Prosecutions may be given by the Attorney General, and any proceedings to the institution of which the Attorney General should have (but did not) give his consent under this section may be continued with such consent.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
27     Leave out Clause 117 and insert the following new Clause-- 
     ("  .--(1)  This section applies to an offence under any provision of this Act other than an offence under--
    (a)  section 36,
    (b)  section 51,
    (c)  paragraph 18 of Schedule 7,
    (d)  paragraph 12 of Schedule 12, or
    (e)  Schedule 13.
    (2)  Proceedings for an offence to which this section applies--
    (a)  shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and
    (b)  shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
    (3)  Where it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies is committed for a purpose connected with the affairs of a country other than the United Kingdom--
    (a)  subsection (2) shall not apply, and
    (b)  proceedings for the offence shall not be instituted without the consent of the Attorney General or the Attorney General for Northern Ireland.")
Consent to prosecution.
 
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