Schedule 8 - Transitional and saving provision
Terrorism Prevention and Investigation Measures Bill
James Brokenshire (Old Bexley and Sidcup, Conservative)
I am grateful for the right hon. Gentleman’s comments. When our concluding remarks are made in the House about the scrutiny given to the Bill, I am sure that the welcome manner in which the Committee has comported itself will be noted, because it has added value to our consideration of the Bill.
The hon. Member for Bradford South asked me what the schedule will do. Obviously, it provides for the necessary transitional and saving provisions, and particularly for the transitional period of 28 days during which existing control orders may remain in force following the commencement of the Bill. The transitional period is essential to ensure a safe and managed transition to the new system that gives prompt effect to Parliament’s wishes, but does not put the public at risk.
The provision allows time for control orders to remain in place—a limited period of 28 days—during which the Secretary of State will consider the cases of those subject to them, including whether it is appropriate to impose a TPIM notice on them, and, when appropriate, apply to the court for permission to do so. When such a person is served with a TPIM notice, the control order will be revoked at the same time.
The right hon. Member for Wythenshawe and Sale East asked about the Government’s confidence in the legal drafting and the manner in which the schedule will be interpreted. We are confident about our approach, and the provision in paragraph 4 underlines the fact that when a TPIM notice takes effect, it will not be fettered by a previous control order, which is an important part of the schedule. Although the right hon. Gentleman rightly identified that such schedules often appear to be not so significant at first sight, they can have relevant and important elements built into them, which is why I welcome this debate.