Terrorism Prevention and Investigation Measures Bill

John Bercow Excerpts

Monday 5th September 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 4—Section (Expiry and repeal of TPIM powers): supplementary provision.

New clause 7—Annual renewal

‘(1) Except in so far as otherwise provided under this Clause, Clause 2 and all other consequential clauses in this Act will expire at the end of the period of 12 months beginning with the day on which this Act comes into force.

(2) The Secretary of State may by order made by statutory instrument—

(a) repeal Clause 2 and all other consequential clauses in this Act; or

(b) provide that Clause 2 will not expire at the time when it would otherwise expire under subsection (1) of this Clause but will continue in force after that time for a period not exceeding one year.

(3) Before making an order under subsection (2)(b) of this Clause the Secretary of State must consult—

(a) the Independent Reviewer of Counter-Terrorism Legislation;

(b) the police; and

(c) the security services.

(4) No order may be made by the Secretary of State under this Clause unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(5) Subsection (4) of this Clause does not apply to an order that contains a declaration by the Secretary of State that the order needs, by reason of urgency, to be made without the approval required by subsection (4).

(6) An order under this Clause that contains such a declaration—

(a) must be laid before Parliament after being made; and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which the order was made, ceases to have effect at the end of that period.

(7) Where an order ceases to have effect in accordance with subsection (6), that does not—

(a) affect anything previously done in reliance on the order; or

(b) prevent the making of a new order to the same or similar effect.’.

Government amendments 11 and 13.

Amendment 8, page 15, line 41, clause 27, leave out from ‘Act’ to end of line and insert

‘will come into force on 1 January 2013’.

Amendment 20, page 15, line 41, clause 27, leave out from ‘Act’ to end of line and insert

‘will come into force the day after the Home Secretary reports to Parliament to confirm that paragraphs (a), (b) and (c) below have been complied with—

(a) no later than one month after the day on which this Act is passed, the Senior National Co-ordinator for Counter-terrorism will produce a report to the Home Secretary detailing the additional required resources (“required resources”) that will be needed to manage the increased risks arising from the repeal of the Prevention of Terrorism Act 2005 and the passing of this Act;

(b) no later than two months after the day on which this Act is passed the Home Secretary will agree with the Senior National Co-ordinator for Counter-terrorism the required resources under paragraph (a) and the timetable for such required resources becoming deployable for use in implementing and managing measures relating to TPIM notices;

(c) this Act cannot come into force until the required resources as agreed under paragraph (b) above are made available and ready for deployment.’.

[James Brokenshire]

In starting our consideration of the Bill, we will be reflecting on a number of points and issues that were debated in Committee. I look forward to continuing some of the debates that we had with Members who were part of that Committee, and with other Members joining today’s consideration.

This group contains two related but distinct sets of amendments. The first deals with expiry and renewal of the legislation, and the second with its commencement. On expiry and renewal, the Government new clauses and amendments return to an important matter that was raised on Second Reading and in Committee: the duration of the Bill’s provisions and whether they should be subject to any form of sunset or renewal.

A number of arguments have been advanced. The Government previously set out their view that the Bill is the product of a lengthy and considered review, that it makes significant improvements to the control orders system, and that it establishes a framework that ought to be able to operate stably and effectively on a permanent basis. The point has been well made that we are legislators, and that we are fully competent to review the necessity of legislation, and to amend or repeal it if it is no longer necessary or if changes are needed. However, it has also been argued with some force that the nature of the powers in the Bill makes some form of regular review appropriate, both to reflect the weighty responsibility on Parliament when it accords the Government such powers, and to focus minds on the need to ensure that the legislation remains in force only as long as is necessary.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Order. There are five Members seeking to catch my eye. I know that they are perfectly capable of doing the arithmetic for themselves.