Control Order Powers (11 March 2005–11 June 2005)

Home Department written statement – made on 16th June 2005.

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Photo of Charles Clarke Charles Clarke Home Secretary

Section 14(1) of the Prevention of Terrorism Act 2005 (the 2005 Act) requires me to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on my exercise of the control order powers during that period.

The 2005 Act came into force on 11 March 2005. During the first three months of the operation of the Act, I made 11 non-derogating control orders. Ten control orders were made on 11 March 2005 under section 3(1)(b) and (c) of the 2005 Act in respect of individuals who were at that time certified under section 21(1) of the Anti-Terrorism, Crime and Security Act 2001 (the 2001 Act). A further order was made with the permission of the court under section 3(1)(a) of the 2005 Act on 26 April 2005—again in respect of an individual who was formerly certified under section 21(1) of the 2001 Act.

I have modified these orders to authorise a change of address in three instances; to give effect to the court's ruling following an appeal—see below; to give access to further family members in one case; and to clarify the wording of certain obligations in the control orders on two further occasions.

A right of appeal exists in section 10 of the 2005 Act against a decision by the Secretary of State not to modify an obligation contained in a control order. One of those subject to a control order has exercised his right of appeal under this section and has had his appeal upheld. His order has since been varied to substitute different obligations on him.

Section 14(2) of the 2005 Act requires the Secretary of State to appoint a person to review the operation of that Act. Lord Carlile of Berriew QC was appointed as the independent reviewer of the 2005 Act on 11 March 2005.