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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Tuesday, 13 December 2005. It occurred during Committee of the Whole House (HL) and Debate on bill on Terrorism Bill.


Terrorism Bill

moved Amendment No. 116:"Page 20, leave out lines 23 to 27." The noble Lord said: This is intended to be a probing amendment only. An organisation may be proscribed through being listed in Schedule 2—that is, under Section 3(1)(a) of the Terrorism Act 2000. It may be proscribed if it is an organisation which operates under the same name as a listed organisation, so if an organisation has one name in the schedule but also has another name, it is still proscribed. That seems very sensible. The Secretary of State may provide by order that if an organisation is operating wholly or partly under a name which is not listed, that organisation may be treated as another name for the listed organisation—that is the new subsection (6). I understand that—that the Secretary of State may by order say that a named organisation may be treated as a proscribed body. However, as I read subsection (9), which I seek to remove, a liability may attach to the organisation even though it is not listed in Schedule 2, and even though there is no order in being, if it is proved to be the same as the organisation which is listed. I do not understand that and I would welcome an explanation. I would like to know what proof is required. It appears to mean that a member of a party, club, mosque or, indeed, any organisation may be liable to imprisonment simply for being a member of that organisation even though the organisation is neither listed nor subject to an order made by the Secretary of State and therefore he has no notice of the fact. I appreciate that this is a somewhat technical matter and one that is difficult to explain. I welcome an explanation from the noble Baroness. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
676 c1143 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Civil liberties Admissibility of evidence Criminal proceedings Codes of practice Appeals Administration of justice Detainees Crimes against property Communication Electronic surveillance Evidence Intelligence services Judges Police Prosecutions Proscribed organisations Police custody Politics and government Scotland Terrorism Remand in custody Time limits Telephone tapping Cryptography Sunset clauses
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk