Prevention of Terrorism Bill — 8 Mar 2005 at 19:30
moved Amendment No. 26:
Page 20, line 5, leave out "by the Lord Chancellor"
On Question, amendment agreed to.
<[i>Amendment No. 27 not moved.]
moved Amendment No. 28:
Page 20, line 10, leave out paragraph 4 and insert-
"4 Rules of court in the exercise of the relevant powers must comply with the United Kingdom's obligations under Article 6 of the European Convention on Human Rights, and in particular, must-
(a) ensure that the relevant party and his legal representatives are given notice of all control order proceedings and relevant appeal proceedings and are able to attend for the duration of those proceedings, make representations, question witnesses and call evidence subject to the provisions in sub-paragraph (d) below;
(b) ensure that the Secretary of State supplies to the relevant party and his legal representatives at the commencement of control order proceedings, a summary of the allegations made against him;
(c) make provision for the exclusion of evidence in control proceedings which the Secretary of State knows or reasonably suspects has been obtained by torture in any jurisdiction;
(d) secure that the Secretary of State is required for the purposes of any control order proceedings or relevant appeal proceedings to disclose to the relevant court and, subject only to the court's discretion on an application ex parte by the Secretary of State for public interest immunity, to a relevant party any relevant material which may harm or assist the relevant party's case;
(e) ensure that the proceedings shall be determined with a hearing unless all the parties agree to it being determined without a hearing."
On Question, Whether the said amendment (No. 28) shall be agreed to?
Their Lordships divided: Contents, 76; Not-Contents, 123.
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