Clause 62
Counter-Terrorism Bill
5:00 pm
Dominic Grieve (Shadow Attorney General, Law Officers; Beaconsfield, Conservative)
Clause 62 is about the initial exercise of powers by the Lord Chancellor. It explains that the Lord Chancellor may exercise his powers by making rules of court. Subsection (3) states:
“The requirements of subsection (2)(a) and (b)”,
which relate to consultation with the Lord Chief Justice of England and Wales and the Lord Chief Justice of Northern Ireland,
“may be satisfied by consultation that took place wholly or partly before the passing of this Act.”
I would like some clarification from the Minister. Am I to assume that the consultation has already taken place or that it will take place before the Act comes into force? Or should I assume that, in fact, there is no consultation because it took place when the rules of court were brought in for control orders? It will be useful for the Committee to know that. In addition, amendment No. 222 requires the resolution of both Houses of Parliament before any rules of court are brought into effect.