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Terrorism Bill

moved Amendment No. 70:"Page 6, line 42, leave out paragraph (b)." The noble and learned Lord said: In moving Amendment No. 70, I shall speak also to Amendments Nos. 71 to 73, which are in my name in the group. The amendments are suggested by the Law Society of Scotland and concern the giving and reception of a notice under Clause 3. These are obviously importance steps as service of a notice has all the consequences set out in Clause 3(3). First, it identifies that which is unlawfully terrorism-related; secondly, it requires the relevant matter to be withdrawn or modified; thirdly, it gives the warning of the consequence of failure to comply with the notice within two working days; and, fourthly, it explains how, even if the person has complied, that person may subsequently become liable if the relevant matter becomes available to the public. That means that certain defences may no longer be open to an accused by whom a notice has been received in a subsequent prosecution for an offence under Clause 3. That offence carries with it the very serious penalties which can be imposed on conviction under Clause 2(10). Given the importance of such a notice and the seriousness of the consequences, it is suggested that these amendments are required, particularly in relation to individuals, unincorporated companies and the like. The amendments require that service be restricted to personal service in every case; recorded delivery is insufficient. This is particularly important as recorded delivery could be effected without the knowledge of the individual concerned. For instance, under Clause 4(1), a notice may simply be sent to his last known address and not served upon him personally. Equally, so far as a body corporate or a firm is concerned, or indeed an unincorporated body of association—these being the bodies mentioned in subsections (2), (3) and (4)—it is conceivable that recorded delivery could be received, for instance, by some very minor employee of those bodies, wholly without the knowledge of those who would be concerned to see that appropriate steps are taken to avoid the consequences which flow from the provisions of Clause 3. It is obviously intended that the serving of the notice should give time for steps to be taken to rectify what is perceived to be the problem. It is suggested, and these amendments are tabled for that purpose, that in a matter of such importance as this, there should be personal service and that the matter should not simply depend on a postal service. I am conscious that if the amendments were to find approval with the Committee, it would be necessary also to make a consequential amendment to Clause 4(7). I beg to move.