Terrorism Bill — Detention of terrorists — 15 Mar 2000

As amended in the Standing Committee, considered.

Brought up, and read the First time.

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

Mr. Deputy Speaker (Mr. Michael Lord):

With this, it will be convenient to discuss the following: Government amendment No. 39.

Question put and agreed to .

Clause read a Second time, and added to the Bill .

Brought up, and read the First time.

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

Mr. Deputy Speaker:

With this, it will be convenient to discuss new schedule 2:-- 'Detention of Terrorists--

Advisers

1. The Secretary of State shall for the purposes of this Schedule appoint such number of Advisers as he may determine to advise him on matters concerning the detention and release of terrorists.

2. An Adviser shall be a person who holds or has held judicial office in any part of the United Kingdom or who is--

(a) a person who has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(b) an advocate or solicitor in Scotland of at least ten years' standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years' standing.

3.--(1) An Adviser shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for reappointment.

(2) An Adviser may at any time by notice in writing to the Secretary of State resign his office.

(3) The Secretary of State may pay to the Advisers such remuneration and allowances as he may determine.

Interim custody orders

4.--(1) Where it appears to the Secretary of State that there are grounds for suspecting that a person has been concerned--

(a) in the commission or attempted commission of any act of terrorism, or

(b) in directing, organising or training persons for the purpose of terrorism,

the Secretary of State may make an interim custody order for the temporary detention of that person.

(2) An interim custody order shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

5.--(1) The Secretary of State may, at any time before the expiry of the period of fourteen days following the date of an interim custody order, refer the case to an Adviser and, unless the case is so referred, the order shall cease to have effect at the expiry of that period.

(2) A reference to an Adviser under this paragraph shall be by notice in writing signed on behalf of the Secretary of State and a copy of the notice shall be sent to the person detained.

Reference to an Adviser

6.--(1) As soon as possible after a case is referred to an Adviser under paragraph 5, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.

(2) A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1), send to the Secretary of State--

(a) written representations concerning his case; and

(b) a written request that he be seen personally by an Adviser;

and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.

(3) The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.

7.--(1) Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion--

(a) the person detained has been concerned in terrorist activities; and

(b) the detention of that person is necessary for the protection of the public.

(2) In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the persons detained.

(3) No person shall be present during the consideration of an Adviser of the case of any person referred to him, except--

(a) any person who for the time being is being seen by the Adviser;

(b) any assistant to the Adviser; and

(c) any person who is present in the interests of security.

(4) The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.

Detention orders

8.--(1) After receiving a report made by an Adviser under paragraph 7(1), the Secretary of State shall consider the case of the person to whom it relates and, if he is satisfied--

(a) that the person has been concerned in the commission or attempted commission of any act of terrorism, or in directing, organising or training persons for the purposes of terrorism, and

(b) that the detention of that person is necessary for the protection of the public,

the Secretary of State may make a detention order for the detention of that person.

(2) If, on considering any case under sub-paragraph (1), the Secretary of State is not satisfied as mentioned in that sub-paragraph, he shall direct the release of the person concerned.

(3) Subject to sub-paragraphs (4) and (5), where--

(a) a person is detained under an interim custody order; and

(b) a detention order is not made in respect of that person within the period of seven weeks following the date of the interim custody order,

the interim custody order shall cease to have effect.

(4) The Secretary of State may, where a person is required to be detained under an interim custody order, give a direction in writing extending the period of seven weeks mentioned in sub-paragraph (3) (or that period as extended under this sub-paragraph) for a further period of one week if it is stated in the direction that the report of the Adviser in relation to that person's case has not been received before the sixth day immediately preceding the day on which the interim custody order would, but for the direction, cease to have effect.

(5) Not more than three directions under sub-paragraph (4) shall be given in respect of any one interim custody order.

(6) A detention order shall be signed by the Secretary of State, and a direction under sub-paragraph (4) shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

Supplemental

9.--(1) The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and, if so requested in writing in accordance with sub-paragraph (2) by a person so detained, shall do so within fourteen days beginning with the receipt of the request.

(2) A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1)--

(a) before the expiry of the period of one year beginning with the date of the detention order; or

(b) within a period of six months from the date of the last notification under sub-paragraph (5) below.

(3) On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person's continued detention is necessary for the protection of the public.

(4) Paragraphs 6(3) and 7(2) to (4) shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5.

(5) Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.

(6) A notification under sub-paragraph (5) shall be by notice in writing and signed by the Secretary of State.

10.--(1) The Secretary of State may, as respects a person detained under an interim custody order--

(a) direct his discharge unconditionally; or

(b) direct his release (whether or not subject to conditions) for a specified period.

(2) The Secretary of State may, as respects a person detained under a detention order--

(a) direct his discharge unconditionally; or

(b) direct his release subject to conditions or for a specified period, or both.

(3) The Secretary of State may recall to detention a person released under sub-paragraph (1)(b) or (2)(b) and a person so recalled may be detained under the original interim custody or detention order, as the case may be.

how many people . . . have been (a) shot and (b) mutilated by terrorists since the Good Friday Agreement.--[ Official Report , 17 February 2000; Vol. 344, c. 617W.]

We had to make a judgment about internment. We have made it clear that we do not rule anything out for ever, but my judgment is that the history of internment as it operates here and in the Irish Republic is different.

All the way through, we are trying to take carefully targeted measures that allow us to deal with these terrorist groups, but do not provoke such a backlash in other parts of the community that they undermine the fight that we are trying to secure. I agree that that is a matter of judgment, but that is our judgment; although, as I say, we rule nothing out for the future, should things be necessary.--[ Official Report , 2 September 1998; Vol. 317, c. 697-8.]

Question put, That the clause be read a Second time:--

The House divided: Ayes 140, Noes 330.

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