Schedule 5
Counter-Terrorism Bill
12:15 pm
Tony McNulty (Minister of State (Security, Counter-terrorism, Crime and Policing), Home Office; Harrow East, Labour)
We will return to some important non-Government amendments in this group. The Government amendments are, again, essentially technical and tidy things up.
Government amendments Nos. 158, 159, 161 and 162 remove references to “defendant” and instead refer to “person”. That is to improve the drafting style, apparently, and bring paragraph 2 in line with the rest of the schedule, which refers to “person” rather than “defendant”.
Government amendment No. 163 removes sub-paragraph (6) from the schedule as it is no longer necessary if references to the “defendant” are removed through the other amendments.
Government amendment No. 160 removes the “reasonable cause to believe” test from the conditions for making a foreign travel order, bringing the provisions into line with the tests for making foreign travel orders under the Sexual Offences Act 2003 and other similar civil orders.
Amendment No. 211 would include in the Bill the requirement that the court applies the criminal standard—beyond reasonable doubt—when considering the reprehensible behaviour. We do not accept the amendment. There is no such express provision in the foreign travel order measures in the Sexual Offences Act, or in relation to the successful football banning orders or other civil orders, such as—notwithstanding the recent interest from their lordships—violent offender orders in the Criminal Justice and Immigration Act 2008. It states “Act” in my notes rather presumptively—I do not think it is an Act yet, is it?