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

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Clause 118
 
  
BY THE LORD BASSAM OF BRIGHTON
 
28     Page 55, line 10, leave out ("sufficient evidence") and insert ("evidence which is sufficient") 
29     Page 55, line 19, leave out ("sufficient evidence is adduced") and insert ("evidence is adduced which is sufficient") 
  
Clause 123
 
  
BY THE LORD BASSAM OF BRIGHTON
 
30     Page 58, line 33, leave out ("1(2)(b)") and insert (" 2(2)") 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
31     Page 59, line 8, at beginning insert ("subject to section 5(5A),") 
  
Clause 128
 
  
BY THE LORD BASSAM OF BRIGHTON
 
32     Page 59, line 33, leave out ("2(2)") and insert (" 2(1)(b) and (2)") 
  
Clause 129
 
  
BY THE LORD BASSAM OF BRIGHTON
 
33     Page 60, line 3, leave out subsection (2) and insert--
 
    ("(2)  Where--
 
 
    (a)  a person is detained by virtue of a provision of the Northern Ireland (Emergency Provisions) Act 1996 (as continued in force by virtue of Schedule 1 to this Act), and
    (b)  the provision ceases to have effect,
he shall be treated as lawfully detained under any corresponding provision of this Act.")
1996 c. 22.
34     Page 60, line 29, at end insert--
 
    ("(8)  Section (Consent to prosecution) shall apply to the institution of proceedings after commencement of that section whether the offence to which the proceedings relate (which may, by virtue of subsection (4) above, be an offence under a provision repealed by this Act) is alleged to have been committed before or after commencement of that section.")
 
  
Before Schedule 1
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
35     Insert the following new Schedule-- 
 ("SCHEDULE 
 TREATIES RELATING TO TERRORISM 
 1.  Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970.
 
2.  Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971.
 
3.  Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973.
 
4.  International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.
 
5.  Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.
 
6.  Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24 February 1988.
 
7.  Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.
 
8.  Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10 March 1988.
 
9.  International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.")
 
  
Schedule 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
36     Page 61, line 5, leave out paragraphs 1 to 3 and insert-- 
     ("1.--(1)  This paragraph applies to any of the following if and in so far as it is in force immediately before the passing of this Act by virtue of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996 (duration)--1996 c. 22.
 
    (a)  a provision of the Northern Ireland (Emergency Provisions) Act 1996 (other than one mentioned in sub-paragraph (2)),
1996 c. 22.
 
    (b)  a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989, and
1989 c. 4.
 
    (c)  section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (forfeiture orders).
1998 c. 40.
     (2)  This paragraph does not apply to the following provisions of the Northern Ireland (Emergency Provisions) Act 1996--
    (a)  section 26(1)(b) (power of entry on authority of Secretary of State),
    (b)  section 35 (wearing of hoods), and
    (c)  section 50 (explosives factories).
    2.--(1)  A provision to which paragraph 1 applies shall continue in force for the period of 12 months starting with the day on which this Act is passed.
 
    (2)  The Secretary of State may by order provide for a provision to which paragraph 1 applies to continue in force for the period of 12 months immediately following the period mentioned in sub-paragraph (1).
1996 c. 22.
     3.--(1)  The powers under section 62(3)(a) and (c) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies in respect of any period falling within--
    (a)  the period mentioned in paragraph 2(1), or
    (b)  a period specified in relation to that provision under paragraph 2(2).
1996 c. 22.
     (2)  The power under section 62(3)(b) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies at any time during--
    (a)  the period mentioned in paragraph 2(1), or
    (b)  a period specified in relation to that provision under paragraph 2(2).
    3A.  The Secretary of State may by order provide for a provision to which paragraph 1 applies--
    (a)  to cease to have effect on a specified day;
1996 c. 22.
 
    (b)  to cease to be capable of being the subject of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996.
    3B.  The continuance in force of a provision by virtue of paragraph 2 is subject to any order made by virtue of paragraph 3 or 3A.
1996 c. 22.
     3C.--(1)  A provision of the Northern Ireland (Emergency Provisions) Act 1996 to which paragraph 1 does not apply shall continue to have effect for the purposes of, or in so far it relates to, any provision to which that paragraph does apply.
 
    (2)  While Part I of Schedule 1 to that Act (scheduled offences) has effect by virtue of this Schedule, the following shall also have effect--
    (a)  Part III of that Schedule (extra-territorial offences), and
    (b)  sections 3, 10 and 11 of that Act so far as they relate to offences which are scheduled offences by virtue of that Part.")
1996 c. 22.
37     Page 61, line 41, leave out ("paragraph 1(2)") and insert ("this Schedule") 
38     Page 62, line 2, leave out ("(4)") and insert ("(5)") 
39     Page 62, line 38, leave out from ("may") to ("appeal") in line 39 
40     Page 62, line 42, at end insert--
 
    ("(8)  Rules made under section 91 or 92 of that Act which are in force immediately before the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)--
    (a)  with any necessary modifications, and
    (b)  subject to any later rules made by virtue of sub-paragraph (7)(b).")
 
  
Schedule 2
 
  
BY THE LORD ROTHERWICK
 
41     Page 63, line 16, at end insert--
 
    ("Animal Liberation Front.")
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
42     Page 75, line 3, leave out ("in any case") 
43     Page 77, line 21, leave out ("or") and insert ("and") 
44     Page 77, line 37, leave out ("within the meaning of section 14") 
45     Page 88, line 35, leave out ("Economic Development") and insert ("Enterprise, Trade and Investment") 
  
Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
46     Page 109, line 9, at end insert ("as soon as is reasonably practicable") 
  
Schedule 8
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
47     Page 114, line 42, at end insert--
 
    ("(  )  Any part of the consultation heard by the qualified officer shall be treated as subject to legal privilege binding on the qualified officer.")
 
48     Page 118, line 29, at end insert--
 
    ("(  )  Any part of the consultation heard by the uniformed officer shall be treated as subject to legal privilege binding on the uniformed officer.")
 
  
Schedule 9
 
  
BY THE LORD BASSAM OF BRIGHTON
 
49     Page 127, line 37, at end insert-- 
 ("Computer Misuse Act 1990 (c. 18) 
     18A.  Offences under the following provisions of the Computer Misuse Act 1990 subject to note 1 below--
    (a)  section 1 (unauthorised access to computer material),
    (b)  section 2 (unauthorised access with intent to commit further offence), and
    (c)  section 3 (unauthorised modification).")
 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
50     Page 138, line 45, leave out from ("may") to ("appeal") in line 46 
51     Page 139, line 2, at end insert--
 
    ("(4)  Rules made under section 91 or 92 of that Act which are in force immediately before this paragraph comes into force shall have effect in relation to a certificate under this paragraph--
    (a)  with any necessary modifications, and
    (b)  subject to any later rules made by virtue of sub-paragraph (3)(b).")
 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
52     Page 147, leave out lines 13 to 17 
53     Page 148, line 12, at end insert-- 
 ("Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 
     .--(1)  The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows.
 
    (2)  In section 88(2)(b) (meaning of "remanded in custody") for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 41 of the Terrorism Act 2000".
 
    (3)  In section 101(12)(b) (meaning of "remanded in custody") for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 41 of the Terrorism Act 2000".")
 
  
 
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