UK Parliament / Open data

Terrorism Bill

The Minister shakes her head in disapproval, but that is what the Bill currently says and there is no escape from that. The Minister might have all sorts of other explanations to advance as to why we should vote for the measure, but that is not one of them. What the Bill says at present precisely catches such examples. I want to move on briefly to cover the amendments that have been tabled and then give other hon. Members the opportunity to participate. As I said, amendment No. 79 would replace the existing tests to make it quite clear that there were two tests—one of specific intent and one of recklessness. I am always conscious, particularly late at night in my room at the House of Commons, that drafting could be wrong, but that is the intention behind the amendment. It would therefore make a concession, which I am mindful the Committee might not wish to accept, that recklessness could be an ingredient of this offence, rather than it involving merely a specific intent. I hope the Minister specifically tackles that matter when she responds to the debate. Amendment No. 1 would remove everything except specific intention. Therefore, there would have to be a specific intention to carry out the offence. Indeed, I rather thought that this would be the lead amendment for the purposes of this afternoon’s proceedings, which is why I tabled it first. Although that has not happened, I might want to commend such a possibility to the Committee. I want to listen to what the Minister has to say in respect of that. Amendment No. 2 deals with another example of recklessness and would remove the likelihood altogether. Amendment No. 4 relates to glorification. This is, for me, a key amendment because it would remove the glorification provision in its entirety. I simply say to the Minister that, at this stage, I will need a lot of persuading not to put that to the vote when the time comes—with the leave of the Chairman of Ways and Means—because I believe the amendment is critical. I shall be interested to hear Members’ views. Amendment No. 6 tries to define recklessness according to its impact on members of the public, so it can be linked to the previous amendment. As will be seen, it involves the consequential effect of the statement on members of the public. In a way, that provides an alternative approach to that of the Government. My concern, as I said, is that I find the Government’s wording extremely woolly, and I much prefer the old clarity, which seemed to exist in earlier legislation and which we seem to be abandoning so quickly. Amendments Nos. 54 and 78 also deal with the issue of specific intent. Finally, amendment No. 26 has been tabled by Government Back Benchers. Those are the amendments that I am putting to the Committee, and the view I take at the moment is that we must restructure the way in which clause 1 is worded. We must ensure that it is clear. We must decide whether it should involve an offence of specific intent only or whether we want to add anything to that. I have an open mind on whether we should do so. Above all, I take the view that the glorification provision ought to be deleted.
Type
Proceeding contribution
Reference
438 c843-4 
Session
2005-06
Chamber / Committee
House of Commons chamber
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