UK Parliament / Open data

Terrorism Prevention and Investigation Measures Bill

My Lords, in moving Amendment 1, I shall speak to Amendments 2, 3, and 4, which are also in my name. I can give an assurance to the House that those are the only amendments on the Marshalled List. These are a small number of necessary technical amendments to the Bill, which fulfil commitments I gave at Report stage in relation to the transitional period. I shall briefly explain why we need to make these amendments. Amendment 1 is consequential on the amendment that was passed at Report to the reporting measure in paragraph 10 of Schedule 1. Paragraph 10, as amended, provides that in addition to requiring the individual to report to a police station at specified times and in a specified manner, the Secretary of State may require the individual to comply with directions given by a police constable in relation to such reporting. This technical amendment is necessary to ensure that the definition of ““TPIM decision”” in Clause 17(3) includes a direction given by a constable in relation to a reporting measure. Government Amendment 2 is, again, consequential to an amendment that was made to Schedule 1 at Report. Paragraph 1, as amended, provides that an individual subject to an overnight residence measure may be required to remain at, or within, their residence. This technical amendment makes an equivalent change in relation to a residence measure imposed on a person subject to an enhanced TPIM notice, imposed by virtue of a temporary enhanced TPIM order made under Clause 26 of the Bill. Government Amendment 3, again, is necessary in consequence of an amendment made at Report. That amendment made it clear that an individual subject to a reporting measure under paragraph 10 may be required to comply with directions given by the police in relation to reporting. However, it introduced a small drafting inconsistency as it referred to directions given by a police officer rather than a constable, which is the term used elsewhere in the Bill. The two terms are intended to have the same meaning and the purpose of this amendment is to remove the inconsistency by substituting ““constable”” for ““police officer””. The final amendment, Amendment 4, returns to an issue on which I made an undertaking at Report. It will extend the transitional period provided by the Bill from 28 to 42 days. This is the period, following the coming into force of the Bill, during which the control orders in force immediately before commencement of the Bill will remain in force unless revoked or quashed before the end of that period. It is intended to ensure that there can be a safe, orderly and managed transition from the old to the new system. As the Government have consistently made clear, the police have confirmed that extensive preparations are being made and that arrangements will be in place effectively to manage the move from the control order system to the TPIM system. However, as I made clear at Report, we have received advice from the police that as the transitional period will fall over Christmas and new year, a small extension to that period is necessary. This will assist the effective management of the process of transition over the holiday period. I beg to move.
Type
Proceeding contribution
Reference
732 c1059-60 
Session
2010-12
Chamber / Committee
House of Lords chamber
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