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My Lords, the judgment of the Supreme Court established three principles which the House will wish to have well in mind during the course of this debate. First, the Supreme Court decided that the international obligations of this country under the UN resolution extend only to those persons who are...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c622-4
House
House of Lords

That the Bill be read a second time.

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c612
House
House of Lords

My Lords, I am very happy to do that. I am looking at the Box and I think my civil servants are confident that what I have told the Committee is right. I do not think that we are likely to get greater confirmation between now and Report. We have...

Member
Baroness Scotland of Asthal (Labour)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c679
House
House of Lords

My Lords, this is not the first time in the proceedings on this Bill that that point has been made. We seem not to have had a proper answer from the Government. I take seriously the points that other noble Lords have made, but this amendment was tabled so that...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c676
House
House of Lords

I have already indicated to the Committee that my expectation is that we will issue a call for evidence and set up a comprehensive pre-legislative scrutiny process. Whether that matter is conducted by a Joint Committee of both Houses is for both Houses to determine not the Government.

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c666
House
House of Lords

6B: Page 1, line 23, at end insert ““after the date that this Act comes into force””

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c673
House
House of Lords

My Lords, I shall speak also to Amendment 11. These are my last two amendments in Committee. The first amendment provides that the licence to be given by the Treasury will ensure that the reasonable domestic needs of the designated person and his family can be met. Since I tabled...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c687-8
House
House of Lords

10: After Clause 2, insert the following new Clause— ““Reasonable domestic expenses (1) The Terrorism (United Nations Measures) Order 2009 is amended as follows. (2) In article 17(3) at end insert ““subject to article 17(3A)”” (3) After article 17(3) insert a new paragraph— ““(3A) The Treasury shall by licence disapply...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c687
House
House of Lords

I hope that the ““hear, hear”” will be recorded in Hansard. This proposal seems a very proper, sensible and small thing to require. We have not heard from the Minister that he will come back with a clause to cover reporting. I gave people some exercise a few minutes ago...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c685-7
House
House of Lords

I am very happy to give the noble Baroness a short and pithy response if it assists her. However, I think that both the noble Baroness, Lady Noakes, and the noble Lord, Lord Pannick, have already identified some of the difficulties that the noble Baroness’s proposal raises. To deal with...

Member
Baroness Scotland of Asthal (Labour)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c676
House
House of Lords

My Lords, the amendment does not seek to truncate the parliamentary process. We have already dealt with the sunset provision and my amendment would not alter that. It would merely put in place a different interim regime. I did not sit through the proceedings on the 2001 legislation, but I...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c676-8
House
House of Lords

My Lords, I have not given notice that I wish to speak on whether Clause 2 should stand part of the Bill, but I have one small query that I hope the noble and learned Baroness will be able to answer. In Clause 2(2), we deal with things, "““done or...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c678-9
House
House of Lords

My Lords, I accept what the noble Baroness, Lady Hamwee, has said about the advantages of the 2001 Act compared with using the orders. On Second Reading, I asked why the 2001 Act was not used for terrorism purposes, if that is what it was put there for, and why...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c675
House
House of Lords

I respectfully agree with the noble Baroness’s observations. Parliamentary approval was given to Section 4 of the 2001 Act, as I understand it, in relation primarily to foreign activities. I am concerned about the possible implications—I emphasise possible implications—of generally extending the scope of Section 4 so that it would...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c675
House
House of Lords

My Lords, once again we have had an interesting debate that shows clearly why we need to do more work on these issues. We are very grateful to the noble Baroness, Lady Hamwee, for raising these issues. They foreshadow the sort of issues that we will have to think about...

Member
Baroness Scotland of Asthal (Labour)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c675
House
House of Lords

I thank the noble and learned Baroness for that. I thought that was what I heard during Second Reading this afternoon but, as I explained, I thought it wise to have another go to be absolutely clear. I beg leave to withdraw the amendment. Amendment 6B withdrawn. Amendment 6C not...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c674
House
House of Lords

6D: Leave out Clause 1 and insert the following new Clause— ““Amendments to the Anti-Terrorism, Crime and Security Act 2001 (1) Section 4 of the Anti-Terrorism, Crime and Security Act 2001 is amended as follows. (2) In subsection (1), for ““two conditions are”” substitute ““condition in subsection (2) is””. (3)...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c674
House
House of Lords

This amendment would replace the first clause of the Bill with a provision applying the relevant section of the Anti-terrorism, Crime and Security Act 2001 to the situation which this Bill addresses. We tabled this amendment because the Government said that the power in Section 4 of the 2001 Act...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c674-5
House
House of Lords

I support the amendments requiring regular reports to Parliament for the reasons given by the noble Baronesses, Lady Hamwee and Lady Noakes. These amendments will introduce vital safeguards. This Committee has recognised that this temporary Bill may be on the statute book for another 10 months, despite its imperfections. The...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c682
House
House of Lords

My Lords, Amendment 8 requires quarterly reporting by the Treasury to Parliament on the exercise of the powers conferred on it by the Bill. Amendment 11A would require monthly reporting. We recognise the point of these Amendments. The Government understand and support the need to ensure accountability and transparency in...

Member
Lord Myners (Labour)
Type
Proceeding contributions
Date
9 February 2010
Reference
717 c682-3
House
House of Lords