I appreciate precisely what the Minister is saying. We are dealing not with an offence but a defence, and that defence being abrogated as a result of knowledge of what one is doing. I suspect that it is not that different from a situation in which, were there to be no defence, a member of the special branch or a senior police officer went to the internet provider and said, ““This is on your site, and if you don’t take it off we’re going to prosecute you for it.”” Let me offer the Minister a thought. The police’s ability to do this is undoubtedly an in terrorem measure. May I suggest that we build into the Bill—we still have time—an appeal process whereby, if it wishes, an internet provider that has been warned in this way can go to a judge for that judge to provide, on its appeal, whether proper or improper notice has been served? No delay would be involved. It would be at the internet provider’s expense, we would not be in any way penalised by it, and it would assuage many of the problems that many of us have.
Terrorism Bill
Proceeding contribution from
Robert Marshall-Andrews
(Labour)
in the House of Commons on Wednesday, 15 February 2006.
It occurred during Debate on bills on Terrorism Bill 2005-06.
Type
Proceeding contribution
Reference
442 c1476-7 
Session
2005-06
Chamber / Committee
House of Commons chamber
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2024-09-24 16:03:31 +0100
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