Safeguard

Counter-Terrorism Bill (after potential Government amendments)

Civil Contingencies Act

JCHR Proposal

1. "Emergency" threshold

Exceptional operational need in relation to a specific investigation due to exceptional circumstances, e.g. multiple plots or a grave terrorist emergency [63]

Terrorism which threatens serious damage to the security of the UK[64]

Public emergency threatening the life of the nation[65]

2. Parliamentary scrutiny

(1) Approval by both Houses within 7 days[66]

(2) Parliamentary debate circumscribed by need to avoid prejudice to future trials[67]

(1) Approval by both Houses within 7 days[68]

(2) Parliamentary debate circumscribed by need to avoid prejudice to future trials[69]

(1) Approval by both Houses within 7 days

(2) Full parliamentary debate on

(a) whether public emergency exists

(b) whether extension to 42 days "strictly required" by the emergency

(c) whether extension consistent with other international obligations

3. Judicial review of extension

Judicial review of Secretary of State's view that:[70]

(1) extension is needed for purposes of investigation giving rise to exceptional operational need;

(2) need for extension is urgent;

(3) power is compatible with Article 5 ECHR

Judicial review of Secretary of State's view:[71]

(1) that extension to 42 days is appropriate for purpose of preventing, controlling or mitigating an aspect or effect of the emergency;

(2) that effect of extension is in due proportion to that aspect or effect of emergency;

(3) compatibility with Article 5 ECHR.

Judicial review of whether derogation objectively justified:

(1) whether public emergency threatening life of the nation exists;

(2) whether extension to 42 days "strictly required" by the emergency;

(3) whether extension to 42 days consistent with UK's other international obligations.

4. Judicial safeguards for individual (at applications for extension)

Review by a judge but no additional judicial safeguards, so current law applies:[72]

(1) suspect and legal representative can be excluded from part of hearing;

(2) information can be provided to judge but withheld from suspect and legal representative;

(3) no provision for special advocates

None specified in Act; left to emergency regulations (drafts not published)

Fully judicial hearing with full procedural rights for suspect and right to be represented by special advocate at any closed hearing[73]

5. Duration

30 days[74]

30 days (or earlier if specified in emergency regulations)[75]

30 days

6. Parliamentary review

Statutory reviewer to report to Secretary of State on

(1) operation of legislation

(2) each individual case

None in Act itself; Government commitment to Parliament to appoint senior Privy Councillor to carry out review of operation of the Act within one year of any use of emergency powers; report to be published and therefore available to Parliament[76]

(1) Panel of independent reviewers

(2) reporting directly to Parliament on operation of extended pre-charge detention

(3) at least one month before parliamentary debate on renewal

(4) Annual report by Secretary of State also one month before debate

(5) Secretary of State to report to Parliament on appointment process of independent reviewers and report to be approved by both Houses