Terrorism Bill — Clause 1 — Encouragement of Terrorism — "unforeseen recklessness" — 9 Nov 2005 at 18:15

Those voting Aye succeeded in changing Clause 1(1) of the Terrorism Bill from:

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.

Division 73 and Division 74 were previously held on this same issue on 2005-11-02.

Debate in Parliament | Source |

Public Whip is run as a free not-for-profit service. If you'd like to support us, please consider switching your (UK) electricity and/or gas to Octopus Energy or tip us via Ko-Fi.

Party Summary

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.

PartyMajority (Aye)Minority (No)BothTurnout
Con0 179 (+2 tell)092.3%
DUP0 90100.0%
Independent0 20100.0%
Lab317 (+2 tell) 13093.8%
LDem0 60096.8%
PC0 30100.0%
Respect0 10100.0%
SDLP0 30100.0%
SNP0 60100.0%
UUP1 00100.0%
Total:318 276093.9%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

John AustinErith and ThamesmeadLab (minister)no
Katy ClarkNorth Ayrshire and ArranLab (minister)no
Jeremy CorbynIslington NorthLabno
Paul FlynnNewport WestLab (minister)no
Ian GibsonNorwich NorthLab (minister)no
Kelvin HopkinsLuton NorthLab (minister)no
Lynne JonesBirmingham, Selly OakLab (minister)no
Robert Marshall-AndrewsMedwayLabno
John Martin McDonnellHayes and HarlingtonLabno
Linda RiordanHalifaxLabno
Clare ShortBirmingham, Ladywoodwhilst Labno
Alan SimpsonNottingham SouthLabno
Robert WareingLiverpool, West Derbywhilst Labno

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

The Whip on the Web

Help keep PublicWhip alive