Proceeding contribution from Liam Byrne (Labour) in the House of Commons on Monday, 8 February 2010. It occurred during Debate on bill and Committee of the Whole House (HC) on Terrorist Asset-Freezing (Temporary Provisions) Bill.
Terrorist Asset-Freezing (Temporary Provisions) Bill
Only closed-source evidence is used in the special advocate procedure, but we must ensure that appropriate checks and balances are in place. I am satisfied that against the test of reasonable suspicion judicial review is an appropriate way to ensure that Ministers act rationally and in the spirit of the law. I wish to say a word about the sunset clause, which is important for the House to debate. We proposed a sunset clause period in this Bill ending 31 December 2010, but amendments have suggested that that is too long. The House must strike a balance between urgency and careful deliberation. The Bill is designed to solve the urgency problem; given that a stay of judgment was not handed down by the Supreme Court, it is important that assets frozen under the Terrorism Act 2006 remain frozen. Two further terrorism orders rely on the same UN Act for their legal substance and there is therefore a risk that they are vulnerable to being struck down. In addition, there is a problem in respect of those individuals covered by clause 3(1)(b) of the Al-Qaida and Taliban (United Nations Measures) Order 2006. However, these assets are frozen under EC regulations. The only issue with freezing things under EC regulations is that sanctions are not attached, so the Government will introduce secondary legislation to attach sanctions to those EC regulations.
Secondary information
- Type
- Proceeding contribution
- Reference
- 505 c663
- Session
- 2009-10
- Chamber / Committee
- House of Commons chamber
- Subjects
- Disclosure of information Assets Crown dependencies Channel Islands Finance Licensing Human rights Legal aid scheme EU law Isle of Man National security Parliamentary scrutiny Terrorism United Nations Supreme Court UN resolutions al Qaeda Taliban Freezing of assets Sunset clauses
- Legislation
- Terrorist Asset-freezing (Temporary Provisions) Bill 2009-10
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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