Annex 2: Proposed Committee amendments
In this Annex, we suggest amendments to give effect to some of our recommendations in this Report.[77]
Pre-Charge Detention: Strengthening the parliamentary safeguards
The Committee has recommended the following new clause, to provide for a panel of reviewers of terrorism legislation, parliamentary consideration of the appointment of members of the panel, and sufficient time to elapse between the publication of the report on the operation of the extended period of pre-charge detention and the annual renewal debate.[78]
'Expiry or renewal of extended maximum detention period: further parliamentary safeguards
(1) The Terrorism Act 2006 is amended as follows.
(2) After subsection (6) of section 25, there is inserted-
"(6A) The Secretary of State and the panel appointed under section 36 must lay annual reports before Parliament on the operation of the extended period of pre-charge detention.
(6B) No motion to approve a draft order under subsection (6) may be made by a Minister of the Crown until one month has elapsed since the publication of the reports laid under section (6A)."
(3) In section 36-
(a) in subsection (1) for "person" there is inserted "panel of persons";
(b) in subsection (2)-
(i) for "That person" there is inserted "The panel";
(ii) for "he" there is inserted "it"; and
(iii) for "his" there is inserted "its";
(c) in subsection (3)-
(i) for "That person" there is inserted "The panel"; and
(ii)for "his" there is inserted "its";
(d) in subsection (4), for "That person" there is inserted "The panel";
(e) in subsection (6)-
(i) for "a person" there is inserted "the persons"; and
(ii) for "his" there is inserted "their".
(4) In section 36, after subsection (1) there is inserted-
"(1A) A person may not be appointed under subsection (1) unless-
(a) the Secretary of State lays a report on the appointment process before both Houses of Parliament, and
(b) a Minister of the Crown makes a motion in both Houses to approve the report laid under this subsection.".'
Derogation from the right to liberty
The following amendments seek to provide a clear framework for any future derogation from the right to liberty in relation to an extension of pre-charge detention beyond 28 days.[79]
Page 64, Schedule 2, line 25, insert-
'(2) 'emergency' means a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention.'
Page 64, Schedule 2, line 26, leave out paragraph 39.
Page 65, Schedule 2, line 29, at end insert-
'if the following conditions are satisfied:
(a) there is an emergency;
(b) making the derogating power available is strictly required by the emergency; and
(c) the availability of the derogating power is consistent with the UK's other international obligations.'
Page 66, Schedule 2, line 6, leave out sub-sub paragraph (b).
Page 66, Schedule 2, line 8, leave out "that the Secretary of State is" and insert "the Secretary of State's reasons for being".
Page 66, Schedule 2, line 9, leave out lines 9 to 15 and insert-
'(a) that there is an emergency;
(b) that making the derogating power available is strictly required by the emergency; and
(c) that the availability of the derogating power is consistent with the UK's other international obligations.'
Page 69, Schedule 2, line 6, leave out '30' and insert 'seven'.
Page 69, Schedule 2, line 9, leave out '30' and insert 'seven'.
Disclosure of information involving the intelligence services
The following amendment and new clause seek to ensure that information disclosure relating to the intelligence services does not breach the Human Rights Act, UN Convention Against Torture or other of the UK's international obligations.
Page 15, Clause 20, Line 29, at end insert-
'or (c) breaches-
(i) the Human Rights Act 1998,
(ii) the UN Convention Against Torture, or
(iii) any other relevant international obligation concerning the disclosure and use of information.'
'Disclosure and the intelligence services: safeguards
Information disclosed by virtue of sections 19(3)(c), 19(4)(d) or 19(5)(b) which has been obtained from authorities or persons outside of England and Wales, must be accompanied by a statement-
(a) for section19(3)(c), from the Director of the Security Service,
(b) for section 19(4)(d), from the Chief of the Intelligence Service,
(c) for section 19(5)(b), from the Director of GCHQ,
setting out the steps taken to ascertain the circumstances in which such information was obtained and that it had not been obtained by torture.'
77 Page, clause and line references are to Bill 100. Back
78 Paragraph 19. Back
79 Paragraph 50 Back
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