Clause 34 — Commencement

Part of Orders of the Day — Civil Contingencies Bill – in the House of Commons at 1:01 pm on 17 November 2004.

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Photo of Oliver Heald Oliver Heald Shadow Secretary of State (Justice), Shadow Leader of the House of Commons 1:01, 17 November 2004

The Government have improved the Bill in the other place, and I pay tribute to the work of my noble Friend Baroness Buscombe, who led for the Opposition in the other place and was able to persuade the Government to do some things that I had found it very difficult to persuade them to do in the House. She has obviously got some silky skills that I have not yet acquired. It was good that the Government were prepared to tighten the definition of an emergency. Although I accept the point made by my hon. Friend Mr. Shepherd, the definition is now better.

The Government now recognise the role of the voluntary sector—something that we have pressed for throughout our debates in Committee. The test for urgent directions under clauses 7 and 8 is more objective. That is good. Clause 7 directions will be made in writing—something that we pressed for in Committee. Again, that was a good change. The removal of clause 19(5)(a), which would have allowed a Minister to treat certain situations as coming under the definition of an emergency irrespective of whether they came within the categories set out in the Bill, and the recognition of the role of parliamentary and judicial scrutiny of emergency regulations under clause 22 were all to the good.

On these Lords amendments, however, we wish the Government to go further. In the other place, my noble Friend argued that clause 34 should contain the three new subsections in Lords amendment No. 50, to provide sunset provisions for part 2. After three years, part 2 would fall unless both Houses agreed to renew it, but if they agreed to a renewal, it would last for another three years. We are used to that approach in the context of emergency powers.

Despite the Minister's comments, it was agreed from the outset that the Anti-terrorism, Crime and Security Act 2001 should be subject to sunset provisions, as it contains some draconian powers in part 4 to allow the indefinite detention without charge of foreign nationals suspected of involvement with various terrorist bodies. Part 4 of that Act requires annual renewal by Parliament, and the provisions will expire altogether on 10 November 2006. Similarly, with the Northern Ireland situation, the Northern Ireland (Emergency Provisions) Act 1973 provided for annual approval by Parliament, and those provisions have been carried into the Terrorism Act 2000, so there are precedents.