Terrorism Bill — Clause 1 — Encouragement of Terrorism — "unforeseen recklessness" — 9 Nov 2005 at 18:15
Robert Smith MP, West Aberdeenshire and Kincardine voted in the minority (No).
A person commits an offence if (a) he publishes a statement or causes another to publish a statement on his behalf; and (b) ... he knows or... has reasonable grounds for believing that members of the public... are likely to understand it as a[n]... encouragement... of acts of terrorism...
to (in summary and rearrangement):
(1) A person commits an offence if (a) he publishes a statement or causes another to publish a statement on his behalf; and (b) he intends his statement to be, or is reckless as to whether or not his statement would be, understood by members of the public to whom it is published as an encouragement of acts of terrorism.
(1A) For the purposes of this section, the cases in which a person is taken as reckless includes any case in which he could not reasonably have failed to be aware of that likelihood.
Paragraph (1A) means it is still possible for someone else to decide you have encouraged terrorism, even if it was not your intention. A speech in the debate outlining the recent legal disputes over this interpretation of the word "reckless" is here.
Those voting No in this division were not saying they agreed with the original words; it is procedurally necessary for the No side to win for any other amendments to be considered.
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Aye)||Minority (No)||Both||Turnout|
|Con||0||179 (+2 tell)||0||92.3%|
|Lab||317 (+2 tell)||13||0||93.8%|
|John Austin||Erith and Thamesmead||Lab (minister)||no|
|Katy Clark||North Ayrshire and Arran||Lab (minister)||no|
|Jeremy Corbyn||Islington North||Lab||no|
|Paul Flynn||Newport West||Lab (minister)||no|
|Ian Gibson||Norwich North||Lab (minister)||no|
|Kelvin Hopkins||Luton North||Lab (minister)||no|
|Lynne Jones||Birmingham, Selly Oak||Lab (minister)||no|
|John Martin McDonnell||Hayes and Harlington||Lab||no|
|Linda Riordan||Halifax||Lab (minister)||no|
|Clare Short||Birmingham, Ladywood||whilst Lab||no|
|Alan Simpson||Nottingham South||Lab||no|
|Robert Wareing||Liverpool, West Derby||whilst Lab||no|