Clause 41

Counter-Terrorism Bill – in a Public Bill Committee at 11:00 am on 13 May 2008.

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Offences dealt with before commencement

Photo of Tony McNulty Tony McNulty Minister of State (Security, Counter-terrorism, Crime and Policing), Home Office

I beg to move amendment No. 143, in page 30, line 1, leave out paragraph (b) and insert—

‘(b) immediately before the commencement of this Part the person—

(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,

(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or

(iii) has been released on licence, having served the whole or part of a sentence of imprisonment in respect of the offence.’.

Photo of Edward O'Hara Edward O'Hara Labour, Knowsley South

With this it will be convenient to discuss Government amendments Nos. 144 to 146 and 157.

Photo of Tony McNulty Tony McNulty Minister of State (Security, Counter-terrorism, Crime and Policing), Home Office

Amendment Nos. 143, 145, 146 and 157 mean that on commencement, notification requirements apply to offenders who would be imprisoned or detained  for a trigger offence at that time but for exceptional circumstances—for example, they are on temporary leave of absence or on bail pending an appeal on the day of commencement. This would make the clause consistent with section 81(6) of the Sexual Offences Act 2003—which refers to retrospective application of notification requirements for sex offenders.

Amendments Nos. 143 and 146 make it clear that, on commencement, the notification requirements apply only to those released on licence if they are on licence for a terrorism offence for which they received a sentence of more than 12 months.

Amendment No. 144 is a minor amendment to clause 41 to remove the reference to a “finding” from subsection (2)(a).

These are—I would tell the Committee if they were otherwise—simply tidying-up and technical amendments as befits Government amendments at Committee stage, and I commend them wholeheartedly to the House.

Amendment agreed to.

Amendment made: No. 144, in page 30, line 8, leave out ‘, order or finding’ and insert ‘or order’.—[Mr. McNulty.]

Clause 41, as amended, ordered to stand part of the Bill.