division_name: Terrorism Bill - Repeals
motion: <p>Amendment made:  No. 26, in page 39, line 28, after "seize", insert "and retain".-- [Mr.  Jamieson.] 
  <p>
   I beg to move amendment No. 27, in page 48, line 9, leave out "(with appropriate modifications)".
   
  
  <p> 
      Mr. Deputy Speaker:   
   With this it will be convenient to discuss Government amendments Nos. 28, 91 to 93, 110, 111 and 120.
   
  
  <p>Amendment agreed to. 
  
  <p>Amendment made:  No. 28, in page 48, line 10, leave out--
   
  
  <p>
   I beg to move amendment No. 29, in page 52, line 15, leave out subsection (5) and insert--
   
  
  <p> 
    
  '(5) The following provisions shall be treated for the purposes of this section as forming part of this Part of this Act--
   
  
   
  (a) paragraphs 35 and 36 of Schedule 4, and
   
  
   
  (b) paragraphs 18A to 18C of Schedule 5.'.
  <p>Amendment agreed to. 
  <p> 
   Amendment made:  No. 30, in page 53, line 16, at end insert--
   
  '( ) Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.'.-- [Mrs.  McGuire.] 
  <p> 
   Amendments made:  No. 31, in page 54, line 17, after "given", insert "or order made".
   
  No. 32, in page 54, line 21, after "given", insert "or made".
   
  No. 33, in page 54, line 24, after "given", insert "or order made".
   
  No. 34, in page 54, line 27, at end insert--
   
  '( ) In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.'.-- [Mrs.  McGuire.] 
  <p> 
   Amendment proposed:  No. 35, in page 56, line 20, leave out "and".-- [Mr. Ingram.] 
  
  <p>Amendment agreed to. 
  <p>Amendment made:  No. 36, in page 56, line 21, at end insert--
   
  
  <p>
   I beg to move amendment No. 37, in page 56, line 35, after "9", insert "(1)(b)".
   
  
  <p> 
     Mr. Deputy Speaker  (Mr. Michael J. Martin):   
   With this it will be convenient to discuss the following: Government amendments Nos. 40 and 65.
  <p>Amendment agreed to. 
  
  <p>
   I beg to move amendment No. 38, in page 57, line 1, at end insert--
   
  
  <p> 
    
  '( ) paragraph 1(2)(b) of Schedule 1;'.
  <p>Amendment agreed to. 
  <p>Amendments made:  No. 39, in page 57, line 1, at end insert--
   
  
  <p> 
  1.--(1) Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution to provide customer information for the purposes of the investigation.
  <p> 
  (2) The information shall be provided--
   
  
   
  (a) in such manner and within such time as the constable may specify, and
   
  
   
  (b) notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.
   
  
   
  (3) An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.
   
  
   
  (4) It is a defence for an institution charged with an offence under sub-paragraph (3) to prove--
   
  
   
  (a) that the information required was not in the institution's possession, or
   
  
   
  (b) that it was not reasonably practicable for the institution to comply with the requirement.
   
  
   
  (5) An institution guilty of an offence under this sub-paragraph (3) shall be liable to a fine not exceeding level 5 on the standard scale.
  <p>
    Procedure    
  2. An order under paragraph 1 may be made only on the application of--
   
  
   
  (a) in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or
   
  
   
  (b) in Scotland, the procurator fiscal.
   
  
   
  3. An order under paragraph 1 may be made only by--
   
  
   
  (a) in England and Wales, a Circuit judge,
   
  
   
  (b) in Scotland, the sheriff, or
   
  
   
  (c) in Northern Ireland, a county court judge.
   
  
   
  4.--(1) Crown Court rules may make provision about the procedure for an application under paragraph 1.
   
  
   
  (2) The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
  <p>
    Criteria for making order    
  5. An order under paragraph 1 may be made only if the person making it is satisfied that--
   
  
   
  (a) the order is sought for the purposes of a terrorist investigation,
   
  
   
  (b) the tracing of terrorist property is desirable for the purposes of the investigation, and
   
  
   
  (c) the order will enhance the effectiveness of the investigation.
  <p>
    Financial institution    
  6.--(1) In this Schedule "financial institution" means--
   
  
   
  (a) a person who carries on a business of taking deposits for which he is authorised under the Banking Act 1987,
   
  
   
  (b) a building society (within the meaning of the Building Societies Act 1986),
   
  
   
  (c) a credit union (within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985),
   
  
   
  (d) a person carrying on investment business within the meaning of the Financial Services Act 1986,
   
  
   
  (e) the National Savings Bank,
   
  
   
  (f) a person who carries out an activity for the purposes of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of National Savings,
   
  
   
  <p>(g) a European institution person carrying on a home regulated activity (within the meaning of the Second Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions),
   
  
   
  (h) a person carrying out an activity specified in any of points 1 to 12 and 14 of the Annex to that Directive, and
   
  
   
  (i) a person who carries on an insurance business in accordance with an authorisation pursuant to Article 6 or 27 of the First Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance.
   
  
   
  (2) The Secretary of State may by order provide for a class of person--
   
  
   
  (a) to be a financial institution for the purposes of this Schedule, or
   
  
   
  (b) to cease to be a financial institution for the purposes of this Schedule.
   
  
   
  (3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
  <p>
    Customer information   
  7.--(1) In this Schedule "customer information" means (subject to sub-paragraph (3))--
   
  
   
  (a) information whether a business relationship exists or existed between a financial institution and a particular person ("a customer"),
   
  
   
  (b) a customer's account number,
   
  
   
  (c) a customer's full name,
   
  
   
  (d) a customer's date of birth,
   
  
   
  (e) a customer's address or former address,
   
  
   
  (f) the date on which a business relationship between a financial institution and a customer begins or ends,
   
  
   
  (g) any evidence of a customer's identity obtained by a financial institution in pursuance of or for the purposes of any legislation relating to money laundering, and
   
  
   
  (h) the identity of a person sharing an account with a customer.
   
  
   
  (2) For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)--
   
  
   
  (a) there is an arrangement between them designed to facilitate the carrying out of frequent or regular transactions between them, and
   
  
   
  (b) the total amount of payments to be made in the course of the arrangement is neither known nor capable of being ascertained when the arrangement is made.
   
  
   
  (3) The Secretary of State may by order provide for a class of information--
   
  
   
  (a) to be customer information for the purposes of this Schedule, or
   
  
   
  (b) to cease to be customer information for the purposes of this Schedule.
  <p>
    Offence by body corporate, &c.    
  8.--(1) This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence--
   
  
   
  (a) was committed with the consent or connivance of an officer of the institution, or
   
  
   
  (b) was attributable to neglect on the part of an officer of the institution.
  <p>
   
  (2) The officer, as well as the institution, shall be guilty of the offence.
   
  
   
  (3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to--
   
  
   
  (a) imprisonment for a term not exceeding six months,
   
  
   
  (b) a fine not exceeding level 5 on the standard scale, or
   
  
   
  (c) both.
   
  
   
  (4) In the case of an institution which is a body corporate, in this paragraph "officer" includes--
   
  
   
  (a) a director, manager or secretary,
   
  
   
  (b) a person purporting to act as a director, manager or secretary, and
   
  
   
  (c) if the affairs of the body are managed by its members, a member.
   
  
   
  (5) In the case of an institution which is a partnership, in this paragraph "officer" means a partner.
   
  
   
  (6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph "officer" means a person concerned in the management or control of the association.
  <p>
    Self-incrimination    
  9.--(1) Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees.
   
  
   
  (2) Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8)).'.-- [Mrs.  McGuire.] 
  <p>Brought up, read the First and Second time, and added to the Bill. 
  
   <p>Amendments made:  No. 43, in page 60, leave out lines 8 to 17 and insert--
   
  
  <p>Amendments made:  No. 48, in page 62, line 42, at end insert--
   
  
  <p>Amendments made:  No. 56, in page 73, line 30, at end insert--
   
  
  <p>Amendment made:  No. 58, in page 94, line 20, at end insert--
   
  
  <p>
   
  (b) the material is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and
   
  
   
  (c) an order under paragraph 5 would not be appropriate in relation to the material for the reason mentioned in paragraph 12(4)(a) or (b) or because the investigation mentioned in sub-paragraph (2)(b) might be seriously prejudiced unless a constable can secure immediate access to the material.
   
  
   
  (6) An order under sub-paragraph (1)(b) may not be made except in the circumstances specified in sub-paragraphs (4) and (5).
   
  
   
  (7) A person commits an offence if he wilfully obstructs a search under this paragraph.
   
  
   
  (8) A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to--
   
  
   
  (a) imprisonment for a term not exceeding three months,
   
  
   
  (b) a fine not exceeding level 4 on the standard scale, or
   
  
   
  (c) both.
   
  
   
  18B.--(1) The Secretary of State may exercise the power to make an order under paragraph 5 in relation to any person in Northern Ireland who is specified in the order.
   
  
   
  (2) An order shall not be made by virtue of this paragraph unless it appears to the Secretary of State that the information which it would be necessary to provide to a county court judge in support of an application for an order under paragraph 5 would, if disclosed--
   
  
   
  (a) be likely to place any person in danger, or
   
  
   
  (b) be likely to prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 55.
   
  
   
  (3) Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtue of this paragraph with the following modifications--
   
  
   
  (a) references to a county court judge shall be taken as references to the Secretary of State,
   
  
   
  (b) the references to "a terrorist investigation" in paragraphs 5(1) and 6(2)(a) shall be taken as references to an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 55, and
   
  
   
  (c) the references to "a terrorist investigation" in paragraphs 6(2)(b) and 6(3)(a) shall be taken as references to the investigation mentioned in paragraph 6(2)(a).
   
  
   
  (4) Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtue of this paragraph.
   
  
   
  (5) The Secretary of State may vary or revoke an order made by virtue of this paragraph.
   
  
   
  (6) A person commits an offence if he contravenes an order made by virtue of this paragraph.
   
  
   
  (7) A person guilty of an offence under sub-paragraph (6) shall be liable--
   
  
   
  (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
   
  
   
  (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
   
  
   
  18C.--(1) The Secretary of State may by a written order require any person in Northern Ireland who is specified in the order to provide an explanation of any material--
   
  
   
  (a) seized in pursuance of an order under paragraph 18A, or
   
  
   
  (b) produced or made available to a constable in pursuance of an order made by virtue of paragraph 18B.
   
  
   
  (2) The provisions of paragraphs 13(2) to (4) and 14 shall apply to an order under this paragraph as they apply to an order under paragraph 13.
   
  
   
  (3) The provisions of paragraph 16(3) to (5) shall apply to an order under this paragraph as they apply to a notice under paragraph 16.'.-- [Mrs.  McGuire.] 
  <p> 
   Amendment made:  No. 59, in page 100, line 43, leave out 'an examining officer' and insert--
   
  'a constable for the police area in which the port is situated (or, where the port is in Northern Ireland, to a member of the Royal Ulster Constabulary).'.-- [Mrs.  McGuire.] 
   
  <p> 
   Amendments made:  No. 60, in page 104, line 14, at end insert--
   
  '( ) In this Schedule a reference to a police station includes a reference to any place where the Secretary of State has directed under sub-paragraph (1) that a person is to be detained under section 40.'.
   
  No. 61, in page 104, line 17, at end insert--
   
  '( ) his examination under that Schedule,'.
   
  No. 62, in page 104, line 20, at end insert--
   
  '( ) A constable who arrests a person under section 40 shall take him as soon as is reasonably practicable to the police station which the constable considers the most appropriate.'.
   
  No. 63, in page 104, line 21, at end insert--
   
  '( ) Where a person is arrested in one Part of the United Kingdom and all or part of his detention takes place in another Part, the provisions of this Schedule which apply to detention in a particular Part of the United Kingdom apply in relation to him while he is detained in that Part.'.
   
  No. 64, in page 104, line 33, at end insert--
   
  ' Rights: England, Wales and Northern Ireland  
   
  2A.--(1) Subject to paragraph 2C, a person detained under Schedule 6 or section 40 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there.
   
  (2) The person named must be--
   
  (a) a friend of the detained person,
   
  (b) a relative, or
   
  (c) a person who is known to the detained person or who is likely to take an interest in his welfare.
   
  (3) Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred.
   
  2B.--(1) Subject to paragraphs 2C and 2D, a person detained under Schedule 6 or section 40 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time.
   
  (2) Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded.
   
  2C.--(1) Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay--
   
  (a) in informing the person named by a detained person under paragraph 2A;
   
  (b) in permitting a detained person to consult a solicitor under paragraph 2B.
   
  (2) But where a person is detained under section 40 he must be permitted to exercise his rights under paragraphs 2A and 2B before the end of the period mentioned in subsection (3) of that section.
   
  (3) An officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing--
   
  <p>(a) in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person's detention will have any of the consequences specified in sub-paragraph (4), or
   
  (b) in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 2B at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4).
   
  (4) Those consequences are--
   
  (a) interference with or harm to evidence of a serious arrestable offence,
   
  (b) interference with or physical injury to any person,
   
  (c) the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it,
   
  (d) the hindering of the recovery of property obtained as a result of a serious arrestable offence,
   
  (e) interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,
   
  (f) the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and
   
  (g) the alerting of a person and thereby making it more difficult to secure a person's apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism.
   
  (5) If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
   
  (6) Where an authorisation under sub-paragraph (1) is given--
   
  (a) the detained person shall be told the reason for the delay as soon as is reasonably practicable, and
   
  (b) the reason shall be recorded as soon as is reasonably practicable.
   
  (7) Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).
   
  (8) In this paragraph "serious arrestable offence" has the meaning given by section 116 of the Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes--
   
  (a) an offence under any of the provisions mentioned in section 39(1)(a) of this Act, and
   
  (b) an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 39(1)(a).
   
  2D.--(1) A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 2B may consult a solicitor only in the sight and hearing of a qualified officer.
   
  (2) A direction under this paragraph may be given--
   
  (a) where the person is detained at a police station in England or Wales, by an officer of at least the rank of Commander or Assistant Chief Constable, or
   
  (b) where the person is detained at a police station in Northern Ireland, by an officer of at least the rank of Assistant Chief Constable.
   
  (3) A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 2C(4).
   
  (4) In this paragraph "a qualified officer" means a police officer who--
   
  (a) is of at least the rank of inspector,
   
  (b) is of the uniformed branch of the force of which the officer giving the direction is a member, and
   
  <p>
   
  No. 69, in page 108, line 21, leave out first '(3)' and insert '(4)'.
   
  No. 70, in page 110, line 36, leave out from 'under' to end of line 37 and insert 'paragraphs 2A and 2B'.
   
  No. 71, in page 110, line 39, leave out 'sections' and insert 'paragraphs'.
   
  No. 72, in page 110, line 40, after 'accordance', insert 'with'.
   
  No. 73, in page 110, line 40, leave out 'that section' and insert 'paragraph 2C'.
   
  No. 74, in page 110, line 43, leave out 'sections' and insert 'paragraphs'.
   
  No. 75, in page 111, line 1, leave out--
   
  'section 56 and 58 of the 1984 Act'
   
  and insert--
   
  'paragraphs 2A, 2B and 2C'.
   
  No. 76, in page 111, leave out lines 3 to 5.
   
  No. 77, in page 112, line 15, at end insert--
   
  '(3) For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to a judicial authority.'.
   
  No. 78, in page 112, line 17, leave out 'made' and insert 'heard'.
   
  No. 79, in page 112, line 19, leave out 'an' and insert 'the'.
   
  No. 80, in page 112, line 19, leave out 'will be made' and insert 'has been made,
   
  ( ) the time at which the application was made,'.
   
  No. 81, in page 112, line 20, leave out 'made' and insert 'be heard'.
   
  No. 82, in page 113, line 6, leave out 'making' and insert 'who has made'.
   
  No. 83, in page 113, line 29, at end insert--
   
  ' Adjournments  
   
  .--(1) A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 40(3).
   
  (2) This paragraph shall not apply to an adjournment under paragraph 30(2).'.
   
  No. 84, in page 113, line 42, after 'Paragraphs', insert '27(3) and'.
   
  No. 85, in page 113, line 43, at end insert--
   
  '(5) A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.
   
  (6) Sub-paragraph (5) shall not apply to an adjournment under paragraph 30(2).'.
   
  No. 86, in page 113, line 46, after 'detained', insert--
   
  'in accordance with section 40(5) or (6) or'.
   
  No. 87, in page 113, line 47, after 'that', insert 'any of'.
   
  No. 88, in page 113, line 47, leave out 'for his detention'.
   
  No. 89, in page 113, line 48, after 129(1)', insert--
   
  '(a) and (b) upon which the judicial authority authorised his further detention'.-- [Mrs.  McGuire.] 
  <p> 
   Amendments made:  No. 90, in page 130, leave out lines 14 to 16.
   
  No. 91, in page 130, line 23, leave out--
   
  'the whole or part of'.
   
  No. 92, in page 130, line 33, leave out--
   
  'the whole or part of'.
   
  No. 93, in page 130, line 34, after 'the', insert 'first'.-- [Mrs.  McGuire.] 
   
  <p>
   
  No. 113, in page 134, line 41, at end insert--
   
  ' Criminal Procedure and Investigations Act 1996 (c.25)  
   
  .--(1) The Criminal Procedure and Investigations Act 1996 shall, in its application to Northern Ireland (as set out in Schedule 4 to that Act), be amended as follows.
   
  (2) In section 14A(1) (public interest: review for scheduled offences) for "section 1 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 64 of the Terrorism Act 2000".
   
  (3) In section 39(3)(a) (start of trial on indictment without a jury) for "section 11 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 74 of the Terrorism Act 2000".'.
   
  No. 114, in page 135, line 2, at end insert--
   
  
    'Northern Ireland Arms Decommissioning Act 1997 (c. 7)    
  .--(1) This paragraph applies to a reference in paragraph 9 or 10 of the Schedule to the Northern Ireland Arms Decommissioning Act 1997 (amnesty) to an offence under a provision ("the old provision") of--
   
  (a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or
   
  (b) the Northern Ireland (Emergency Provisions) Act 1996.
   
  (2) The reference shall be taken as a reference to an offence under this Act which is committed in circumstances which would have amounted to the commission of an offence under the old provision before it ceased to have effect.
   
  (3) Sub-paragraph (2) has effect for the purpose of the application of section 4(1) of the Northern Ireland Arms Decommissioning Act 1997 (amnesty) in relation to anything done after the old provision ceases to have effect.'.
   
  No. 115, in page 135, line 12, at end insert--
   
  
    'Access to Justice Act 1999 (c. 22)    
  .--(1) In paragraph 2(1) of Schedule 2 to the Access to Justice Act 1999 (Community Legal Service: exceptions to excluded services) after paragraph (g) insert--
   
  "or
   
  (h) the Proscribed Organisations Appeal Commission".
   
  (2) The amendment made by sub-paragraph (1) is without prejudice to the power to make regulations under section 6(7) of the Access to Justice Act 1999 amending or revoking the provision inserted by that sub-paragraph.'.-- [Mrs.  McGuire.] 
   
  <p>
   
  No. 120, in page 136, line 12, column 3, at end insert--
   
  
   
  
               'Article 60(2).   
   
  
   
  Article 66(12).'.
   
  No. 121, in page 136, line 23, column 3, leave out "6,".-- [Mrs.  McGuire.] 
   
   Order for Third Reading read. 
  <p>Motion made, and Question proposed,  That the Bill be now read the Third time.-- [Mr. Charles Clarke.] 
  
  <p>Question put,  That the Bill be now read the Third time:--
  <p>The House divided:  Ayes 210, Noes 1.
  