Report stage Government Amendments to the Terrorism Bill 2005
The Government have published their Amendments to be debated during the Report Stage of the contoversial Terrorism Bill 2005 this Wednesday.
There is now mention of "a senior judge" to whom the Police will have to apply to extend detention without charge beyond 14 days (a process which already reqquires a less senior judge or magistrate).
The only "concession" on the maximum period of detention without charge is to change the references from "3 months" to "90 days" - technically three calendar months could be slightly longer than 90 days.
Will the Opposition and the Labour backbench MPs manage to vote this down in favour of one of the supposed "compromises" (neither of which is right in principle either) pitched at 28 or 60 days ?
There is a Government version of a "sunset clause", which is the one which is likely to go through instead of the Opposition versions. It is astonsihing that this was not in the original text of the Bill, given that all other anti-terrorism legislatoion has had to have one inserted eventually, and that these "sunset clauses" are anyway little more than a "rubber stamp" after a year or so.
It is hard to understand if the Government's amendment of the "incitement" clauses , with wording like " is reckless as to whether or not it is likely to be so understood" will increase the number of innocent people who will be caught by this Bill, whilst at the same time the use of the word "intent" might reduces this number. It still looks like a horribly unclear and convoluted bit of legalese, which will still do little to prevent the chilling effect on acadmeic freedom and the provision of , say Control of Substances Hazardous to Health (COSHH) training material.
There is some recognition of the stupidity of the demand for say, an internet website censorship notice to be complied with within 2 days, or else the directors of the company hosting the website are deemed to be in support of the offensive glorification or indirect incitement or publication of "anything useful" to a terrorist. Belatedly, the Government has now remembered about Weekends and Bank Holidays !
However, there is still no proper judicial oversight of such censorship , only the "opnion" of a police constable, which will, if the decades of experience with similar "thought crime" legislation e.g. "obscene publications", will lead to miscarriages of justice, and bring ridicule upon the police and the law.
It is hard to see if the slight change to section "17 Commission of offences abroad" makes any real difference to the apparent presumption that the UK is taking on the role of a "world policeman" and meddling in foreign conflicts which do not directly affect the security of the United Kingdom, so that we will be forced to help foreign dictatorships repress their legitimate enemies overeseas or here in the UK.
The removal of the word "neglect" in the section on corportate liability is welcome. It had been pointed out by Edward Garnier, the Conservative Shadow Attorney General, that this wording seemed to have been lifted word for word from health and safety legislation !
Since it is only these Government Amendments, and possibly a 28 day or 60 day Labour backbench amendment which is likely to be voted on, we assume that our worries about the amendment of the Regulation of Investigatory Powers Act 2000 by this Bill are going to be ignored by the Government and the Opposition.
The awful "catch all" clause 5 Preparation of terrorists acts, with a possible life sentence even for minor acts of terrorism, which may never actually be committed, or which may only attract a sentence of say 7 years in prison e.g. for a bomb hoax with no actual explosion. The Opposition seem to have let through this clause "on the nod".
Mr Secretary Clarke*Page 1, line 5 [Clause 1], leave out subsection (1) and insert—
'(A1) This section applies to a statement that is likely to be understood by members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism or Convention offences.(1) A person commits an offence if—
(a) he publishes a statement to which this section applies or causes another to publish such a statement on his behalf; and
(b) at the time he does so, he intends the statement to be understood as mentioned in subsection (A1) or is reckless as to whether or not it is likely to be so understood.
(1A) For the purposes of this section the cases in which a person is to be taken as reckless as to whether a statement is likely to be understood as mentioned in subsection (A1) include any case in which he could not reasonably have failed to be aware of that likelihood.'.
Mr Secretary Clarke
*Page 2, line 7 [Clause 1], after 'emulated' insert 'by them'.
Mr Secretary Clarke
*Page 2, line 8 [Clause 1], leave out from 'questions' to 'must' in line 10 and insert 'how a statement is likely to be understood and what members of the public could reasonably be expected to infer from it'.
Mr Secretary Clarke
*Page 2, line 13 [Clause 1], leave out 'in which it is or is to be published' and insert 'of its publication'.
Mr Secretary Clarke
*Page 2, line 14 [Clause 1], leave out from 'of' to 'relates' in line 15 and insert 'subsections (A1) to (2)—
(a) whether the statement or how it is likely to be understood,'.
Mr Secretary Clarke
*Page 3, line 18 [Clause 2], leave out 'as such an encouragement or other inducement'.
Mr Secretary Clarke
*Page 3, line 20 [Clause 2], at end insert 'as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of such acts.'.
Mr Secretary Clarke
*Page 3, line 28 [Clause 2], after 'emulated' insert 'by him'.
Mr Secretary Clarke
*Page 3, line 36 [Clause 2], after 'useful' insert 'to them'.
Mr Secretary Clarke
*Page 3, line 43 [Clause 2], leave out from beginning to 'or' in line 44 and insert—
'(a) the statement or how it is likely to be understood,'.
Mr Secretary Clarke
*Page 5, line 11 [Clause 3], after '2' insert 'working'.
Mr Secretary Clarke
*Page 5, line 23 [Clause 3], after '2' insert 'working'.
Mr Secretary Clarke
*Page 5, line 45 [Clause 3], at end insert—
'( ) In a case in which the service provided electronically by a person—(a) consists only in transmitting or in storing information provided by others, and
(b) does not involve any selection or exercise of other editorial control over the whole or any part of the contents of what is transmitted or stored or any independent selection of the persons to whom those contents are transmitted, the steps which it is reasonable for the purposes of subsection (5) for that person to take do not include the monitoring of the contents of information transmitted or stored by that person in the provision of that service or the taking of any other steps to ascertain the contents of such information.'.
Mr Secretary Clarke
*Page 6, line 22 [Clause 3], at end insert—
'( ) In this section "working day" means any day other than—(a) a Saturday or a Sunday;
(b) Christmas Day or Good Friday; or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c.80) in any part of the United Kingdom.'.
Mr Secretary Clarke
*Page 16, line 5 [Clause 17], leave out paragraph (a) and insert—
'( ) an offence under section 1 or 6 of this Act so far as it is committed in relation to any statement, instruction or training in relation to which that section has effect by reason of its relevance to the commission, preparation or instigation of one or more Convention offences;
( ) an offence under any of sections 8 to 11 of this Act;'.
Mr Secretary Clarke
*Page 16, line 42 [Clause 18], leave out ', or to be attributable to any neglect on the part of,'.
Mr Secretary Clarke
*Page 22, line 7 [Clause 23], leave out 'special'.
Mr Secretary Clarke
*Page 22, line 10 [Clause 23], at end insert—
'( ) In paragraph 36 (applications for extension or further extension), omit the words "to a judicial authority" in sub-paragraph (1), and after that sub-paragraph insert—"(1A) The person to whom an application under sub-paragraph (1) may be made is—
(a) in the case of an application falling within sub-paragraph (1B), a judicial authority; and
(b) in any other case, a senior judge.
(1B) An application for the extension or further extension of a period falls within this sub-paragraph if—
(a) the grant of the application otherwise than in accordance with sub-paragraph (3AA)(b) would extend that period to a time that is no more than fourteen days after the relevant time; and
(b) no application has previously been made to a senior judge in respect of that period."'.
Mr Secretary Clarke
*Page 22, line 11 [Clause 23], leave out 'paragraph 36' and insert 'that paragraph'.
Mr Secretary Clarke
*Page 22, line 13 [Clause 23], leave out 'new specified period' and insert 'period by which the specified period is extended or further extended'.
Mr Secretary Clarke
*Page 22, line 19 [Clause 23], leave out 'three months' and insert 'ninety days'.
Mr Secretary Clarke
*Page 22, line 28 [Clause 23], after 'authority' insert 'or senior judge'.
Mr Secretary Clarke
*Page 22, line 33 [Clause 23], leave out 'special'.
Mr Secretary Clarke
*Page 22, line 33 [Clause 23], after 'authority' insert 'or senior judge'.
Mr Secretary Clarke
*Page 22, line 36 [Clause 23], at end insert—
'( ) In sub-paragraph (4) of that paragraph (application of paragraphs 30(3), and 31 to 34), at the end insert "but, in relation to an application made by virtue of sub-paragraph (1A)(b) to a senior judge, as if—(a) references to a judicial authority were references to a senior judge; and
(b) references to the judicial authority in question were references to the senior judge in question."
( ) In sub-paragraph (5) of that paragraph, after "authority" insert "or senior judge".
( ) After sub-paragraph (6) of that paragraph insert—"(7) In this paragraph and paragraph 37 'senior judge' means a judge of the High Court or of the Court of Session."'.
Mr Secretary Clarke
*Page 22, line 45 [Clause 23], after 'authority' insert 'or senior judge'.
Mr Secretary Clarke
*Page 23, line 6 [Clause 23], at end insert—
'(6A) Paragraph 36 has effect in relation to any further extension for a period beginning one year or more after the commencement of this section as if, in sub-paragraph (3)(b) of that paragraph, for "ninety days" there were substituted "fourteen days".(6B) The Secretary of State may by order—
(a) repeal subsection (6A); or
(b) make such modifications of paragraph 36 as he considers appropriate in consequence of his not having made an order repealing that subsection.
(6C) If when the period of one year after the commencement of this section ends—
(a) an individual is being detained by virtue of a further extension under paragraph 36;
(b) the period for which his further detention is authorised ends more than fourteen days after the relevant time (within the meaning of that paragraph); and
(c) no order repealing subsection (6A) has been made,
the person with custody of that person must release him (if that fourteen days has already expired) immediately and (if it has not) at the end of that fourteen days.
(6D) An order under subsection (6B) has to be made by statutory instrument and, in the case of an order repealing subsection (6A), may not be made more than one year after the commencement of this section.(6E) The Secretary of State must not make an order containing (with or without other provision) any provision authorised by subsection (6B) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Mr Secretary Clarke
*Page 42, line 15 [Schedule 3], column 2, at end insert —
'In Schedule 8, in paragraph 36(1), the words "to a judicial authority".'.
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