Prevention of Terrorism Bill — 10 Mar 2005 at 15:00

:TITLE3:LORDS AMENDMENTS

38 Schedule , page 16, line 30, leave out sub-paragraphs (2) to (4) and insert-

"( ) The relevant rules of court shall be made by the Lord Chief Justice after consulting the Lord Chancellor."

39 Page 17, line 5, leave out "by the Lord Chancellor"

40 Page 17, line 11, leave out from beginning to end of line 3 on page 18 and insert-

"( ) The rules of court must comply with the United Kingdom's obligations under Article 6 of the European Convention on Human Rights."

42 Page 18, line 23, at end insert-

(8) "Rules of court under this paragraph in relation to proceedings in England and Wales-

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

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

The Commons disagree to Lords Amendments Nos. 38, 39, 40 and 42, but propose the following amendments in lieu-

42A Page 17, line 5, leave out sub-paragraph (5) and insert-

"(5A) Rules of court made by the Lord Chancellor by virtue of this paragraph-

(a) must be laid before Parliament; and

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

(6) Where rules cease to have effect in accordance with sub-paragraph (5A)-

(a) that does not affect anything previously done in reliance on the rules;

(b) the Lord Chancellor is to have power again to exercise the relevant powers, in relation to the proceedings in question, instead of the person by whom they are otherwise exercisable;

(c) he may exercise them on that occasion without undertaking any consultation that would be required in the case of rules made by that person; and

(d) the rules made by the Lord Chancellor on that occasion may include rules to the same or similar effect.

(7) The following provisions do not apply to rules made by the Lord Chancellor by virtue of this paragraph-

(a) section 3(2) of the Civil Procedure Act 1997 (c. 12) (negative resolution procedure);

(b) section 56 of the Judicature (Northern Ireland) Act 1978 (c. 23) (statutory rules procedure).

(8) In sub-paragraph (5A) "40 days" means 40 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946 (c. 36)."

42B Page 17, line 12, leave out "and burden"

42C Page 17, line 42, leave out from "required" to "in" in line 45 and insert "to comply with any provision of rules of court, or order of the relevant court, for the disclosure to a person other than the court or a person appointed under paragraph 7 of any matter in respect of which the Secretary of State has made such an application but on which he does not then rely"

rose to move Motion E, that this House do not insist on its Amendments Nos. 38, 39, 40 and 42 to which the Commons have disagreed, and do agree with the Commons in their Amendments Nos. 42A and 42B in lieu thereof, and do disagree with the Commons in their Amendment No. 42C but propose Amendment No. 42D in lieu of Commons Amendment No. 42C:

42D Page 17, leave out lines 34 to end of line 1 on page 18 and insert-

"( ) that in control order proceedings and relevant appeal proceedings the Secretary of State is required (subject to rules made under the following paragraphs) to disclose all relevant material;

"( ) that the Secretary of State has the opportunity to make an application to the relevant court for permission not to disclose relevant material otherwise than to that court and persons appointed under paragraph 7;

"( ) that such an application is always considered in the absence of every relevant party to the proceedings and of his legal representative (if he has one);

"( ) that the relevant court is required to give permission for material not to be disclosed where it considers that the disclosure of the material would be contrary to the public interest;

"( ) that, where permission is given by the relevant court not to disclose material, it must consider requiring the Secretary of State to provide the relevant party and his legal representative (if he has one) with a summary of the material;

"( ) that the relevant court is required to ensure that such a summary does not contain information or other material the disclosure of which would be contrary to the public interest;

"( ) that provision satisfying the requirements of sub-paragraph (3A) applies where the Secretary of State does not have the relevant court's permission to withhold relevant material from a relevant party to the proceedings or his legal representative (if he has one), or is required to provide a summary of such material to that party or his legal representative.

"(3A) The provision that satisfies the requirements of this sub-paragraph is provision which, in a case where the Secretary of State elects not to disclose the relevant material or (as the case may be) not to provide the summary, authorises the relevant court-

(a) if it considers that the relevant material or anything that is required to be summarised might be of assistance to a relevant party in relation to a matter under consideration by that court, to give directions for securing that the matter is withdrawn from the consideration of that court; and

(b) in any other case, to ensure that the Secretary of State does not rely in the proceeding on the material or (as the case may be) on what is required to be summarised.

"(3B) In this paragraph "relevant material", in relation to any proceedings, means-

(a) any information or other material that is available to the Secretary of State and relevant to the matters under consideration in those"

moved, as an amendment to Motion E, Amendment E1:

Leave out from "House" to end and insert "do insist on its Amendments Nos. 38, 39 and 40 to which the Commons have disagreed, do not insist on its Amendment No. 42 and do disagree with the Commons in their Amendments Nos. 42A to 42C in lieu thereof, but do propose Amendments Nos. 42D and 42E in lieu of Lords Amendment No. 42: