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:

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"

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

(5) Rules of court made 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 a further period of 20 days.

(6) Where rules cease to have effect in accordance with sub-paragraph (5), that does not affect anything previously done in reliance on the rules.

(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 (5) "40 days" and "20 days" mean 40 days and 20 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946 (c. 36)."

On Question, Whether the said amendment (E1) shall be agreed to?

Their Lordships divided: Contents, 200; Not-Contents, 129.

Debate in Parliament | Historical Hansard | Source |

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All Votes Cast - sorted by party

Lords for which their vote in this division differed from the majority vote of their party are marked in red. Also shows which lords were ministers at the time of this vote. You can also see every eligible lord including those who did not vote in this division.

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NamePartyVote
The Bishop of Southwell and NottinghamBishopaye
Baroness Anelay of St JohnsCon (front bench)aye
Lord Ashcroft Conaye
Viscount Astor Con (front bench)aye
Lord Astor of HeverCon (front bench)aye
Lord Baker of DorkingConaye
Lord Bell Conaye
Viscount Bridgeman Con (front bench)aye
Lord Brittan of SpennithorneConaye
Lord Brooke of Sutton MandevilleCon (front bench)aye
Lord Brougham and Vaux Con (front bench)aye
Baroness Buscombe Con (front bench)aye
Baroness Byford Con (front bench)aye
Lord Campbell of AllowayCon (front bench)aye
Lord Carlisle of BucklowConaye
Baroness Chalker of WallaseyConaye
Lord Cope of BerkeleyCon (front bench)tellaye
The Earl of CourtownConaye
Lord Crathorne Conaye
Lord Crickhowell Conaye
Lord Cuckney Conaye
Lord Dean of HarptreeConaye
Lord Denham Conaye
Lord Dixon-Smith Con (front bench)aye
Baroness Eccles of MoultonConaye
Lord Eden of WintonConaye
Baroness Elles Conaye
Lord Elliott of MorpethConaye
Lord Elton Con (front bench)aye
Lord Feldman Conaye
Earl Ferrers Conaye
Baroness Fookes Con (front bench)aye
Lord Forsyth of DrumleanConaye
Lord Fowler Conaye
Lord Freeman Conaye
Baroness Gardner of ParkesConaye
Lord Garel-Jones Conaye
Lord Geddes Con (front bench)aye
Lord Glenarthur Conaye
Lord Glentoran Con (front bench)aye
Viscount Goschen Conaye
Baroness Hanham Con (front bench)aye
Lord Hanningfield Con (front bench)aye
Lord Hayhoe Conaye
Lord Henley Conaye
Lord Higgins Con (front bench)aye
Lord Hodgson of Astley AbbottsCon (front bench)aye
Baroness Hogg Conaye
The Earl of HomeConaye
Lord Howard of RisingConaye
Earl Howe Con (front bench)aye
Lord Howe of AberavonConaye
Lord Hurd of WestwellConaye
Baroness James of Holland ParkConaye
Lord Jenkin of RodingConaye
Lord Kalms Conaye
Lord Kimball Con (front bench)aye
Lord Kingsland Con (front bench)aye
Baroness Knight of CollingtreeConaye
Lord Laing of DunphailConaye
Lord Lamont of LerwickCon (front bench)aye
Lord Lang of MonktonCon (front bench)aye
Lord Lawson of BlabyCon (front bench)aye
The Earl of LiverpoolConaye
Lord Lucas Conaye
Lord Luke Con (front bench)aye
Lord Lyell Conaye
Lord Mancroft Con (front bench)aye
Lord Marlesford Con (front bench)aye
Lord Mayhew of TwysdenConaye
Lord McColl of DulwichCon (front bench)aye
Baroness Miller of HendonCon (front bench)aye
Lord Monro of LangholmConaye
The Duke of MontroseCon (front bench)aye
Lord Moore of Lower MarshConaye
Baroness Morris of BoltonConaye
Lord Mowbray and Stourton Conaye
Lord Murton of LindisfarneConaye
Lord Naseby Con (front bench)aye
The Earl of NortheskConaye
Lord Norton of LouthCon (front bench)aye
Baroness O'Cathain Con (front bench)aye
The Earl of OnslowConaye
Baroness Oppenheim-Barnes Conaye
Baroness Park of MonmouthConaye
Lord Pearson of RannochConaye
Baroness Perry of SouthwarkCon (front bench)aye
Lord Peyton of YeovilConaye
Baroness Platt of WrittleCon (front bench)aye
Lord Plumb Conaye
Lord Plummer of St MaryleboneConaye
Baroness Rawlings Con (front bench)aye
Lord Renton Conaye
Lord Roberts of ConwyCon (front bench)aye
Lord Rotherwick Con (front bench)aye
Baroness Seccombe Con (front bench)aye
The Earl of SelborneConaye
Lord Selkirk of DouglasConaye
Lord Selsdon Conaye
Baroness Sharples Conaye
Lord Shaw of NorthsteadCon (front bench)aye
Lord Soulsby of Swaffham PriorCon (front bench)aye
Lord Strathclyde Con (front bench)aye
Baroness Thatcher Conaye
Baroness Trumpington Conaye
Viscount Ullswater Conaye
Lord Waddington Conaye
Lord Wade of ChorltonConaye
Lord Waldegrave of North HillConaye
Baroness Wilcox Con (front bench)aye
Lord Windlesham Conaye
Lord Ackner Crossbenchaye
Viscount Allenby of MegiddoCrossbenchaye
Lord Ampthill Crossbenchaye
Lord Ballyedmond Crossbenchaye
Lord Chorley Crossbenchaye
Baroness Darcy de Knayth Crossbenchaye
Lord Donaldson of LymingtonCrossbenchaye
Lord Elis-Thomas Crossbench (front bench)aye
Baroness Greengross Crossbenchaye
Lord Greenway Crossbench (front bench)aye
Lord Hylton Crossbenchaye
Lord Lloyd of BerwickCrossbench (front bench)aye
Lord Monson Crossbenchaye
Lord Moser Crossbench (front bench)aye
Baroness Murphy Crossbenchaye
Lord Northbourne Crossbenchaye
Lord Quirk Crossbenchaye
Lady Saltoun of AbernethyCrossbenchaye
The Earl of SandwichCrossbenchaye
Viscount Slim Crossbenchaye
Baroness Stern Crossbench (front bench)aye
Viscount Tenby Crossbench (front bench)aye
Lord Tombs Crossbenchaye
Lord Williamson of HortonCrossbench (front bench)aye
Lord Wright of RichmondCrossbench (front bench)aye
Baroness Young of HornseyCrossbenchaye
Viscount Bledisloe Crossbenchno
Baroness D'Souza Crossbenchno
Lord Kerr of KinlochardCrossbenchno
Lord Kilclooney Crossbenchno
Lord Marsh Crossbenchno
Lord May of OxfordCrossbenchno
Lord Roll of IpsdenCrossbenchno
Lord Weatherill Crossbench (front bench)no
Lord Beaumont of WhitleyGreenaye
Lord Stoddart of SwindonIndependent Labouraye
Lord Ahmed Labaye
Lord Berkeley Labaye
Lord Haskins Labaye
Lord Judd Lab (minister)aye
Baroness Kennedy of The ShawsLabaye
Lord Sheldon Lab (minister)aye
Lord Acton Labno
Baroness Amos Lab (minister)no
Baroness Andrews Lab (minister)no
Baroness Ashton of UphollandLab (minister)no
Lord Bach Lab (minister)no
Lord Bassam of BrightonLab (minister)no
Lord Bernstein of CraigweilLabno
Lord Bhattacharyya Labno
Baroness Billingham Labno
Baroness Blood Labno
Lord Borrie Labno
Lord Bragg Labno
Lord Brett Labno
Lord Brooke of AlverthorpeLabno
Lord Brookman Labno
Lord Campbell-Savours Labno
Lord Carter Labno
Lord Carter of ColesLabno
Lord Clarke of HampsteadLabno
Lord Clinton-Davis Labno
Lord Corbett of Castle ValeLabno
Baroness Crawley Lab (minister)no
Lord Davies of CoityLab (minister)no
Lord Davies of OldhamLab (minister)tellno
Baroness Dean of Thornton-le-FyldeLabno
Lord Desai Lab (minister)no
Lord Dixon Labno
Lord Donoughue Labno
Lord Drayson Labno
Lord Dubs Lab (minister)no
Lord Elder Lab (minister)no
Lord Evans of ParksideLabno
Lord Evans of Temple GuitingLab (minister)no
Lord Falconer of ThorotonLab (minister)no
Baroness Farrington of RibbletonLab (minister)no
Lord Faulkner of WorcesterLabno
Lord Filkin Lab (minister)no
Lord Fyfe of FairfieldLabno
Baroness Gale Lab (minister)no
Lord Gavron Labno
Baroness Gibson of Market RasenLabno
Lord Giddens Labno
Lord Gilbert Labno
Baroness Golding Labno
Lord Goldsmith Lab (minister)no
Lord Gordon of StrathblaneLabno
Baroness Goudie Labno
Lord Gould of BrookwoodLabno
Baroness Gould of PotternewtonLab (minister)no
Lord Graham of EdmontonLabno
Lord Griffiths of Burry PortLabno
Lord Grocott Lab (minister)tellno
Lord Harris of HaringeyLabno
Lord Harrison Lab (minister)no
Lord Hart of ChiltonLabno
Lord Haworth Labno
Baroness Hayman Lab (minister)no
Baroness Henig Labno
Baroness Hilton of EggardonLabno
Lord Hogg of CumbernauldLabno
Baroness Hollis of HeighamLab (minister)no
Baroness Howells of St DavidsLabno
Lord Hoyle Lab (minister)no
Lord Hughes of WoodsideLabno
Lord Hunt of Kings HeathLabno
Lord Janner of BraunstoneLab (minister)no
Lord Jones Labno
Lord Jordan Labno
Lord King of West BromwichLabno
Lord Layard Lab (minister)no
Lord Leitch Labno
Lord Lipsey Labno
Baroness Lockwood Labno
Lord Lofthouse of PontefractLabno
Lord Macdonald of TradestonLab (minister)no
Lord MacKenzie of CulkeinLabno
Lord Mackenzie of FramwellgateLabno
Baroness Massey of DarwenLab (minister)no
Lord Maxton Labno
Baroness McDonagh Labno
Lord McIntosh of HaringeyLab (minister)no
Baroness McIntosh of HudnallLabno
Lord McKenzie of LutonLabno
Lord Merlyn-Rees Labno
Lord Mitchell Lab (minister)no
Lord Morgan Lab (minister)no
Baroness Morgan of DrefelinLabno
Baroness Morgan of HuytonLabno
Lord Morris of AberavonLabno
Lord Morris of ManchesterLabno
Lord Pendry Labno
Lord Plant of HighfieldLab (minister)no
Lord Ponsonby of ShulbredeLabno
Lord Radice Lab (minister)no
Baroness Ramsay of CartvaleLabno
Lord Randall of St BudeauxLabno
Baroness Rendell of BaberghLab (minister)no
Lord Richard Labno
Lord Rooker Lab (minister)no
Lord Rosser Labno
Lord Rowlands Labno
Baroness Royall of BlaisdonLabno
Lord Sawyer Labno
Baroness Scotland of AsthalLab (minister)no
Lord Sewel Labno
Viscount Simon Lab (minister)no
Lord Snape Lab (minister)no
Lord Stone of BlackheathLabno
Lord Strabolgi Labno
Baroness Symons of Vernham DeanLab (minister)no
Baroness Thornton Labno
Lord Triesman Lab (minister)no
Lord Truscott Labno
Lord Tunnicliffe Labno
Lord Turnberg Lab (minister)no
Baroness Turner of CamdenLabno
Baroness Wall of New BarnetLabno
Lord Warner Lab (minister)no
Lord Williams of ElvelLab (minister)no
Lord Winston Lab (minister)no
Lord Young of Norwood GreenLabno
Lord Addington LDem (front bench)aye
Lord Alderdice LDem (front bench)aye
Lord Alliance LDemaye
Lord Avebury LDem (front bench)aye
Baroness Bonham-Carter of YarnburyLDem (front bench)aye
Lord Bradshaw LDem (front bench)aye
Lord Clement-Jones LDem (front bench)aye
Lord Dholakia LDem (front bench)aye
Lord Dykes LDem (front bench)aye
Viscount Falkland LDem (front bench)aye
Baroness Falkner of MargravineLDem (front bench)aye
Lord Fearn LDemaye
Lord Garden LDem (front bench)aye
The Earl of GlasgowLDemaye
Lord Goodhart LDem (front bench)aye
Lord Greaves LDem (front bench)aye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Linklater of ButterstoneLDemaye
Lord Livsey of TalgarthLDem (front bench)aye
Baroness Ludford LDemaye
Lord Maclennan of RogartLDem (front bench)aye
Baroness Maddock LDem (front bench)aye
The Earl of Mar and KellieLDem (front bench)aye
Lord McNally LDem (front bench)aye
Baroness Michie of GallanachLDemaye
Baroness Miller of Chilthorne DomerLDem (front bench)aye
Baroness Neuberger LDem (front bench)aye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Oakeshott of Seagrove BayLDem (front bench)aye
Lord Phillips of SudburyLDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Redesdale LDem (front bench)aye
Lord Roberts of LlandudnoLDem (front bench)aye
Lord Rodgers of Quarry BankLDemaye
Lord Roper LDem (front bench)aye
Lord Russell-Johnston LDemaye
Lord Sandberg LDem (front bench)aye
Baroness Scott of Needham MarketLDem (front bench)aye
Baroness Sharp of GuildfordLDem (front bench)aye
Lord Shutt of GreetlandLDem (front bench)aye
Lord Smith of CliftonLDem (front bench)aye
Lord Steel of AikwoodLDemaye
Lord Taverne LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)tellaye
Baroness Thomas of WalliswoodLDem (front bench)aye
Lord Tope LDemaye
Lord Tordoff LDemaye
Lord Vallance of TummelLDem (front bench)aye
Lord Wallace of SaltaireLDem (front bench)aye
Baroness Walmsley LDem (front bench)aye
Lord Watson of RichmondLDem (front bench)aye
Lord Laird UUPaye
Lord Maginnis of DrumglassUUPaye

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