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Clause 1 — Power to make control orders

Part of Orders of the Day — Prevention of Terrorism Bill – in the House of Commons at 4:39 pm on 28th February 2005.

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The Chairman:

With this it will be convenient to discuss the following:

Amendment No. 180, in page 1, line 9, at end insert—

'(1A) An application for a control order may be made with or without notice to the individual against whom it is proposed to be made.

(1B) On hearing an application for a control order, the court may—

(a) grant the control order, with or without modifications;

(b) dismiss the application; or

(c) adjourn the application to a further hearing on notice to the individual concerned.

(1C) A control order shall provide a period for further review by the court unless the court is satisfied that the individual against whom it is made has had a full opportunity to contest the making of the order.'.

Amendment No. 5, in page 1, line 11, after 'the', insert

'court on the application of the'.

Amendment No. 59, in page 1, line 11, leave out 'Secretary of State' and insert 'court'.

Amendment No. 60, in page 1, line 13, leave out from first 'activity' to end of line 14.

Amendment No. 6, in clause 2, page 3, line 23, after 'The', insert

'court on the application of the'.

Amendment No. 1, in clause 2, page 3, line 23, leave out 'make' and insert 'apply for'.

Amendment No. 64, in clause 2, page 3, line 23, leave out 'make' and insert

'apply to the court for'.

Amendment No. 7, in clause 2, page 3, line 26, leave out 'he' and insert 'it'.

Amendment No. 8, in clause 2, page 3, line 28, leave out 'he' and insert 'it'.

Amendment No. 66, in clause 2, page 3, line 35, leave out from beginning to end of line 34 on page 4.

Amendment No. 184, in clause 2, page 3, line 35, leave out subsections (2) to (7).

Amendment No. 9, in clause 2, page 3, line 35, after 'the', insert

'court on the application of the'.

Amendment No. 2, in clause 2, page 3, line 35, leave out 'makes' and insert 'applies for'.

Amendment No. 3, in clause 2, page 3, line 36, leave out from end of line to end of line 25 on page 4 and insert—

'(a) the court must consider whether the matters relied on by the Secretary of State to justify applying for the order were capable (if not disproved) of constituting reasonable grounds for it to make an interim control order.

(b) in the event of the court making an interim control order it must give directions for the carrying out of a hearing of the court to consider making a control order.

(c) on a hearing by the court under subsection (2) (b) the court must conduct its own hearing of each of the matters that fell to be determined by the Secretary of State—

(i) in making his decision to apply for the order; and

(ii) in making his decisions to apply for the obligations imposed by the order; and the court must make its own determination on the balance of probabilities on each of those matters.'.

Amendment No. 10, in clause 2, page 3, line 37, leave out subparagraph (a) and insert—

'(a) the controlled person may appeal within 14 days—

(i) in England and Wales or in Northern Ireland to the Court of Appeal, or

(ii) in Scotland to the Inner House of the Court of Session;

(aa) the appeal must be considered within 7 days of the application; and'.

Amendment No. 134, in clause 2, page 3, line 39, leave out from 'whether' to end of line 42 and insert—

'the Secretary of State has shown on the balance of probabilities—

(i) that the person is an individual who is or has been involved in terrorism-related activity, there is a designated derogation within subsection (1) (c) and the obligation is within subsection (1)(d); and

(ii) that the imposition of the obligation is necessary for purposes connected with protecting members of the public from risks arising out of, or associated with, a particular public emergency.'.

Amendment No. 164, in clause 2, page 3, line 44, leave out '7' and insert '3'.

Amendment No. 136, in clause 2, page 3, line 45, at end insert—

'(3A) The controlled person has a right to be heard on a reference under subsection (2)(a).'.

Amendment No. 135, in clause 2, page 4, leave out lines 1 to 7 and insert—

'(a) if not satisfied that the Secretary of State has proved the matters in subsection (2)(b)(i), must quash the order;

(b) if satisfied that the matters in subsection (2)(b)(i) have been proved but not satisfied that the matters in subsection (2)(b)(ii) have been proved, must quash the derogating obligation imposed by the order.'.

Amendment No. 11, in clause 2, page 4, line 10, leave out 'by the court' and insert 'of the appeal'.

Amendment No. 12, in clause 2, page 4, line 11, after second 'the', insert

'court on the application of the'.

Amendment No. 13, in clause 2, page 4, line 21, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 137, in clause 2, page 4, line 22, at end insert—

'(e) power to award damages to the controlled person.'.

Amendment No. 139, in clause 2, page 4, line 22, at end insert—

'(e) power to award to the controlled person their costs of the proceedings.'.

Amendment No. 14, in clause 3, page 4, line 43, after 'The', insert

'court on the application of the'.

Amendment No. 70, in clause 3, page 4, line 43, leave out from 'The' to 'control' and insert

'The court may renew a'.

Amendment No. 185, in clause 3, page 4, line 43, leave out 'Secretary of State' and insert 'court'.

Amendment No. 15, in clause 3, page 4, line 44, leave out 'he' and insert 'it'.

Amendment No. 16, in clause 3, page 5, line 7, after first 'the', insert

'court on the application of the'.

Amendment No. 73, in clause 3, page 5, line 7, leave out 'Secretary of State' and insert 'court'.

Amendment No. 17, in clause 4, page 5, line 19, after 'the', insert

'court on the application of the'.

Amendment No. 187, in clause 4, page 5, line 21, leave out 'make' and insert

'apply to the court for'.

Amendment No. 18, in clause 4, page 5, line 30, after second 'the', insert

'court on the application of the'.

Amendment No. 188, in clause 4, page 5, line 31, leave out 'impose' and insert 'apply for'.

Amendment No. 20, in clause 4, page 5, line 33, after 'the', insert

'court on the application of the'.

Amendment No. 21, in clause 4, page 5, line 35, after 'the', insert

'court on the application of the'.

Amendment No. 23, in clause 4, page 6, line 4, after 'the', insert

'court on the application of the'.

Amendment No. 24, in clause 4, page 6, line 4, leave out 'of his'.

Amendment No. 25, in clause 4, page 6, leave out lines 8 and 9.

Amendment No. 193, in clause 5, page 6, line 15, leave out 'make' and insert 'apply for'.

Amendment No. 26, in clause 5, page 6, line 16, leave out 'Secretary of State' and insert 'court'.

Amendment No. 76, in clause 5, page 6, leave out line 19.

Amendment No. 27, in clause 5, page 6, line 19, leave out 'Secretary of State' and insert 'court'.

Amendment No. 77, in clause 5, page 6, line 20, leave out subsections (2) and (3) and insert—

'(2) The Secretary of State may make an application to the court at any time to—

(a) revoke a control order;

(b) relax or remove an obligation imposed by such an order;

(c) modify the obligations imposed by such an order.'.

Amendment No. 28, in clause 5, page 6, line 20, after 'The', insert

'court on the application of the'.

Amendment No. 219, in clause 5, page 6, line 20, leave out from 'The' to end of line 21 and insert

'court may on application by the Secretary of State'.

Amendment No. 191, in clause 5, page 6, line 20, after 'State', insert 'or the court'.

Amendment No. 29, in clause 5, page 6, line 27, leave out 'he' and insert 'it'.

Amendment No. 30, in clause 5, page 6, line 30, after 'The', insert

'court on the application of the'.

Amendment No. 192, in clause 5, page 6, line 30, after 'State', insert 'or the court'.

Amendment No. 31, in clause 5, page 6, line 33, leave out 'Secretary of State' and insert 'court'.

Amendment No. 32, in clause 5, page 6, line 34, leave out 'of his'.

Amendment No. 33, in clause 5, page 7, line 2, after 'the', insert

'court on the application of the'.

Amendment No. 224, in clause 5, page 7, line 7, leave out subsection (7).

Amendment No. 34, in clause 5, page 7, line 7, after 'the', insert

'court on the application of the'.

Amendment No. 79, in clause 5, page 7, line 7, leave out 'Secretary of State' and insert 'court'.

Amendment No. 194, in clause 5, page 7, line 7, after 'State', insert 'or the court'.

Amendment No. 35, in clause 5, page 7, line 8, leave out 'he' and insert 'it'.

Amendment No. 80, in clause 5, page 7, line 8, leave out 'he' and insert 'the Secretary of State'.

Amendment No. 225, in clause 5, page 7, line 10, leave out subsection (8).

Amendment No. 36, in clause 5, page 7, line 12, leave out 'Secretary of State' and insert 'court'.

Amendment No. 37, in clause 7, page 8, line 40, leave out 'Secretary of State' and insert 'court'.

Amendment No. 38, in clause 7, page 9, line 1, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 39, in clause 7, page 9, line 13, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 40, in clause 7, page 9, line 25, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 41, in clause 7, page 9, line 27, leave out 'his decision' and insert

'the decision of the court of first instance'.

Amendment No. 42, in clause 7, page 9, line 32, leave out 'his decision' and insert

'the decision of the court of first instance'.

Amendment No. 43, in clause 7, page 9, line 37, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 44, in clause 7, page 9, line 42, at end add—

'(10) An appeal under this section shall be made—

(a) in England and Wales or in Northern Ireland to the Court of Appeal, or

(b) in Scotland to the Inner House of the Court of Session.'.

Amendment No. 45, in clause 8, page 10, line 1, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 46, in clause 8, page 10, line 5, leave out

'by the Secretary of State' and insert

'of the court of first instance'.

Amendment No. 47, in clause 8, page 10, line 8, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 48, in clause 8, page 10, line 13, leave out 'Secretary of State's decision' and insert

'decision of the court of first instance'.

Amendment No. 49, in clause 8, page 10, line 16, leave out 'Secretary of State' and insert 'court of first instance'.

Amendment No. 51, in clause 9, page 10, line 19, leave out subsection (1).

Amendment No. 53, in clause 9, page 11, line 1, after 'the', insert

'court on the application of the'.

Amendment No. 87, in clause 9, page 11, line 1, leave out 'Secretary of State' and insert 'court'.

Amendment No. 203, in clause 9, page 11, line 4, leave out paragraphs (b) and (c).

Amendment No. 230, in clause 11, page 12, line 41, leave out

'his exercise of the control order powers' and insert

'the use of control orders'.

Amendment No. 89, in clause 11, page 13, line 13, leave out

'make, renew, modify and revoke' and insert

'make application to the court for the making, renewing, modification and revoking of'.

Amendment No. 216, in clause 12, page 13, leave out lines 37 to 46.

Amendment No. 90, in clause 12, page 14, line 37, leave out subsection (3).

New clause 1—Special court in respect of control orders—

'(1) There shall be a special court ("the court") to be known as the Court of Terrorism Control.

(2) The Court shall consist of six members who shall be judges of the High Court of England and Wales or of the Court of Session or of the High Court of Northern Ireland and of whom three members shall constitute a quorum for the purpose of hearing an application.

(3) The court shall have power to make its own rules and to determine its own procedure.

(4) The functions of the court shall be to make control orders pursuant to section 1 of this Act.'.

New clause 3—Power of court to make determination—

'The powers of the court in making the determinations under sections 1 and 2 are confined to—

(a) power to grant the application;

(b) power to refuse the application;

(c) power to refuse to make one or more obligations set out in the application.'.

New clause 6—Power to make control orders—

'(1) An application for an order under this section may be made by the Secretary of State if he is satisfied that the following conditions are fulfilled with respect to any person, namely:

(a) that the person is or has been involved in terrorism-related activity;

(b) that, having regard to all the evidence that would be admissible in criminal proceedings, there is no realistic prospect for conviction of that person for any criminal offence relating to their involvement in such activity; and

(c) that such an order is necessary, for the purposes connected with protecting members of the public from the risk of terrorism, to make an order imposing obligations on the individual.

(2) The Secretary of State shall not make such an application without consulting the Director of Public Prosecutions.

(3) Such an application shall be made to:

(a) the High Court in England and Wales in respect of persons resident in England or Wales,

(b) the Outer House of the Court of Session in respect of persons resident in Scotland; and

(c) the High Court in Northern Ireland in respect of persons resident in Northern Ireland.

(4) If, on such an application, it is proved that the conditions set out in subsection 1(1) are fulfilled, the court may make an order under this section (a "control order") imposing any of the obligations set out in subsection 1(8).

(5) For the purpose of determining whether the condition mentioned in subsection 1(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.

(6) In determining whether the condition mentioned in subsection (1)(a) is fulfilled, the court must apply the criminal standard of proof.

(7) The obligations that may be imposed on a defendant under this section are limited to the following:

(a) a prohibition or restriction on his possession or use of specified articles or substances;

(b) a restriction on his use of specified services or specified facilities, or on his carrying on specified activities;

(c) a restriction on his association or communications with specified persons or with other persons generally;

(d) a prohibition on his being at specified places or within a specified area at specified times or on specified days; and

(e) a requirement on him to report to a specified person at specified times and places.

(8) The court shall not impose any obligation under subsection (7) unless it is satisfied that the following conditions apply:

(a) that the obligation is necessary for the purposes connected with protecting members of the public from the risk of terrorism;

(b) that the same purposes could not be achieved by less restrictive means; and

(c) that the obligation is consistent with the defendant's Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(9) The Secretary of State or the defendant may apply to the court which made the control order for it to be varied or discharged by further order.

(10) For the purposes of this Act, involvement in terrorism-related activity is any one or more of the following:

(a) the commission, preparation or instigation of acts of terrorism;

(b) conduct which knowingly facilitates the commission, preparation or instigation of such acts, or which is intended to do so; and

(c) conduct which knowingly gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so.

(11) Evidence established to have been obtained under torture shall not be admitted in any proceedings.'.