Terrorist Asset-Freezing (Temporary Provisions) Bill. Lords second reading debate. Agreed to on question and committed to a Committee of the Whole House. Committee stage. Clauses 1-3 agreed. Bill reported without amendment. Bill read a third time and passed.
Terrorist Asset-Freezing (Temporary Provisions) Bill
Type
Parliamentary proceeding
Reference
717 c612-34,717 c660-89,717 c724 
Session
2009-10
Chamber / Committee
House of Lords chamber
Terrorist Asset-Freezing (Temporary Provisions) Bill. Brought from the Commons. Explanatory Notes HL Bill 33-EN also published.
Monday, 8 February 2010
Bills
House of Lords
Monday, 8 February 2010
Bills
House of Lords
Proceeding contributions
Lord Pannick | 717 c624 (Link to this contribution)
Other justices took the same point. Indeed, it was fundamental to the judgment because the United Na...
Lord Lloyd of Berwick | 717 c624 (Link to this contribution)
The noble Lord is obviously more familiar with the judgment than I am, but am I right in thinking th...
Show all contributions (95)
Baroness Hamwee | 717 c626-9 (Link to this contribution)
My Lords, I start on a positive note by thanking the Government for keeping these Benches informed a...
Lord Mackay of Clashfern | 717 c624-6 (Link to this contribution)
My Lords, we are faced with a difficult situation, as the noble Lords, Lord Pannick and Lord Myners,...
Baroness Noakes | 717 c618-20 (Link to this contribution)
My Lords, I thank the Minister for introducing this Bill. Let me say at the outset that these Benche...
Lord Elystan-Morgan | 717 c620 (Link to this contribution)
Would the noble Baroness kindly give way? I am most grateful. The point that she made about the deci...
Baroness Noakes | 717 c620-2 (Link to this contribution)
From memory, it was not a unanimous decision: there was criticism of some aspects of it. However, I ...
Lord Lloyd of Berwick | 717 c618 (Link to this contribution)
Before the noble Lord sits down, perhaps I may ask for information on one point which I do not entir...
Lord Myners | 717 c618 (Link to this contribution)
I believe that the noble and learned Lord is correct, but that we can no longer place dependants on ...
Baroness Hamwee | 717 c660-1 (Link to this contribution)
My Lords, our Amendment 1 is grouped with Amendment 1A. Our first amendment would bring the end of t...
Baroness Hamwee | 717 c660 (Link to this contribution)
1: Clause 1, page 1, line 3, leave out ““31 December”” and insert ““31 July””
Lord Myners | 717 c633-4 (Link to this contribution)
The parliamentary experience of the noble Lord, Lord King, once again shines forth for the benefit o...
Lord Myners | 717 c629-32 (Link to this contribution)
My Lords, this has been a stimulating debate, one that I approached with considerable trepidation gi...
Lord Wallace of Tankerness | 717 c632 (Link to this contribution)
I hear what the Minister says on retrospection. Am I right in thinking, as the noble and learned Lor...
Earl of Onslow | 717 c629 (Link to this contribution)
My Lords, I apologise for not being here for the first part of the debate, but I was taking part in ...
Lord Myners | 717 c633 (Link to this contribution)
I do not have a date for Second Reading now, but I will certainly use my good offices to encourage t...
Lord King of Bridgwater | 717 c633 (Link to this contribution)
I thought that there was an old convention in this House that nobody should seek to anticipate the Q...
Lord Myners | 717 c632-3 (Link to this contribution)
I thank the noble Lord, Lord Wallace, for his intervention. I will no doubt reflect on that question...
Lord Pannick | 717 c633 (Link to this contribution)
I am very grateful for that response, but can the Minister give us any indication of when proceeding...
Baroness Noakes | 717 c666 (Link to this contribution)
I am sorry to press the Minister, but he said that he expected that this would happen. Surely the Go...
Lord Myners | 717 c666 (Link to this contribution)
My Lords, I understand that whether a Joint Committee is established is a matter for both Houses to ...
Baroness Noakes | 717 c661-3 (Link to this contribution)
My Lords, my Amendment 1A is in this group, and as the noble Baroness, Lady Hamwee, said, it would r...
Lord Elystan-Morgan | 717 c663-4 (Link to this contribution)
My Lords, there is an overwhelming case for the sunset clause to last at least as long as 31 Decembe...
Lord Pannick | 717 c664 (Link to this contribution)
My Lords, I take a different view from that of the noble Lord, Lord Elystan-Morgan. We are being ask...
Lord Myners | 717 c664-5 (Link to this contribution)
My Lords, we believe that 31 December is the right deadline to set for the expiry of this temporary ...
Lord Pannick | 717 c665 (Link to this contribution)
Why would pre-legislative scrutiny take three months? It would not take your Lordships’ Constitution...
Lord Myners | 717 c665 (Link to this contribution)
Pre-legislative scrutiny requires us to consult widely with a broad group of people who will be affe...
Lord Mackay of Clashfern | 717 c665-6 (Link to this contribution)
My Lords, it is worth mentioning that, ordinarily, if the pre-legislative scrutiny were to be done b...
Baroness Noakes | 717 c666 (Link to this contribution)
My Lords, what are the Government’s intentions towards pre-legislative scrutiny? Do they intend to s...
Lord Myners | 717 c612-4 (Link to this contribution)
My Lords, the Terrorist Asset-Freezing (Temporary Provisions) Bill makes provision for the temporary...
Lord Myners | 717 c614-8 (Link to this contribution)
I note the observation from the noble Lord, Lord King. Matters relating to serious organised crime a...
Lord King of Bridgwater | 717 c614 (Link to this contribution)
When that fuller Bill is considered in the House, will it take account of the fact that, while this ...
Baroness Scotland of Asthal | 717 c676 (Link to this contribution)
I am very happy to give the noble Baroness a short and pithy response if it assists her. However, I ...
Baroness Hamwee | 717 c676-8 (Link to this contribution)
My Lords, the amendment does not seek to truncate the parliamentary process. We have already dealt w...
Baroness Noakes | 717 c678-9 (Link to this contribution)
My Lords, I have not given notice that I wish to speak on whether Clause 2 should stand part of the ...
Baroness Noakes | 717 c675 (Link to this contribution)
My Lords, I accept what the noble Baroness, Lady Hamwee, has said about the advantages of the 2001 A...
Lord Pannick | 717 c675 (Link to this contribution)
I respectfully agree with the noble Baroness’s observations. Parliamentary approval was given to Sec...
Baroness Scotland of Asthal | 717 c675 (Link to this contribution)
My Lords, once again we have had an interesting debate that shows clearly why we need to do more wor...
Baroness Noakes | 717 c674 (Link to this contribution)
I thank the noble and learned Baroness for that. I thought that was what I heard during Second Readi...
Baroness Hamwee | 717 c674 (Link to this contribution)
6D: Leave out Clause 1 and insert the following new Clause—
““Amendments to the Anti-Terrorism, Crim...
Baroness Hamwee | 717 c674-5 (Link to this contribution)
This amendment would replace the first clause of the Bill with a provision applying the relevant sec...
Lord Pannick | 717 c682 (Link to this contribution)
I support the amendments requiring regular reports to Parliament for the reasons given by the noble ...
Lord Myners | 717 c682-3 (Link to this contribution)
My Lords, Amendment 8 requires quarterly reporting by the Treasury to Parliament on the exercise of ...
Baroness Hamwee | 717 c680-1 (Link to this contribution)
I shall speak also to Amendment 9. The noble Baroness, Lady Noakes, has Amendment 11A in this group....
Baroness Noakes | 717 c681-2 (Link to this contribution)
My Lords, I have Amendment 11A in this group and, as the noble Baroness, Lady Hamwee, explained, my ...
Baroness Scotland of Asthal | 717 c680 (Link to this contribution)
My Lords, I thank the noble Baroness for her elegant filibustering. I shall read the note out: ““The...
Baroness Hamwee | 717 c680 (Link to this contribution)
8: After Clause 2, insert the following new Clause—
““Report on operation of Act
(1) Within 28 days ...
Baroness Hamwee | 717 c679 (Link to this contribution)
The noble Baroness is right that a letter is inappropriate in these circumstances. I am sure that if...
Baroness Scotland of Asthal | 717 c679 (Link to this contribution)
I have to confess to the noble Baroness that having had intimidate dealings with the Bill only today...
Baroness Noakes | 717 c679 (Link to this contribution)
My Lords, I thank the noble and learned Baroness for that. Writing to me may not be a particularly g...
Lord Mackay of Clashfern | 717 c670-1 (Link to this contribution)
First, I will make a small technical point. Clause 1(2)(d) refers to the Terrorism (United Nations M...
Baroness Hamwee | 717 c666-7 (Link to this contribution)
My Lords, the noble Baroness and others are not persuaded by my July date and I am not persuaded by ...
Lord Thomas of Gresford | 717 c667 (Link to this contribution)
2: Clause 1, page 1, line 4, after ““following”” insert ““purported””
Lord Thomas of Gresford | 717 c667-9 (Link to this contribution)
In moving this amendment, I will speak also to Amendments 3, 4, 5, 6, and 7 that are grouped with it...
Baroness Noakes | 717 c669 (Link to this contribution)
My Lords, the noble Lord, Lord Thomas, has made a good case for the amendments in this group. I will...
Lord Elystan-Morgan | 717 c669-70 (Link to this contribution)
My Lords, the noble Lord, Lord Thomas of Gresford, makes a number of points with which I have very c...
Lord Boyd of Duncansby | 717 c670 (Link to this contribution)
My Lords, perhaps I could ask the noble Lord about Amendment 7. The Bill extends to Scotland, but I ...
Lord Thomas of Gresford | 717 c670 (Link to this contribution)
The noble Lord makes a valid point. Fortunately we have a Report stage at which all these matters ca...
Lord Pannick | 717 c670 (Link to this contribution)
My Lords, I share the concern of the noble Baroness, Lady Noakes, about whether today, in debating t...
Baroness Hamwee | 717 c672 (Link to this contribution)
Perhaps I could ask a question which follows on from what the noble Baroness, Lady Noakes, has asked...
Baroness Scotland of Asthal | 717 c672-3 (Link to this contribution)
I can clear this up. The noble Baroness, Lady Noakes, says that she seeks, by these amendments, to p...
Baroness Noakes | 717 c672 (Link to this contribution)
6A: Page 1, line 17, leave out ““and further directions may be made””
Baroness Noakes | 717 c672 (Link to this contribution)
I shall speak also to Amendment 6C. These amendments concern the further directions which the Govern...
Baroness Noakes | 717 c673 (Link to this contribution)
Amendment 6B adds the words, "““after the date that this Act comes into force””,"
at the end of Cla...
Baroness Scotland of Asthal | 717 c673-4 (Link to this contribution)
I can reassure the noble Baroness that the amendment is unnecessary as Clause 1 already provides for...
Baroness Noakes | 717 c673 (Link to this contribution)
I am entirely satisfied with what the noble and learned Baroness has said. I beg leave to withdraw t...
Baroness Scotland of Asthal | 717 c671 (Link to this contribution)
My Lords, I respectfully agree with the comments made by the noble and learned Lord, Lord Mackay. Th...
Lord Thomas of Gresford | 717 c671-2 (Link to this contribution)
My Lords, I refuse to accept any criticism on the drafting or principles because the Bill was publis...
Baroness Hamwee | 717 c688-9 (Link to this contribution)
My Lords, I am grateful for that. It is clear from the Supreme Court judgment that it has taken the ...
Baroness Hamwee | 717 c689 (Link to this contribution)
That, as I said, is the scheme described at some length in the Minister’s Statement on 5 February. O...
Baroness Scotland of Asthal | 717 c689 (Link to this contribution)
My Lords, I am happy to affirm that. The licensing provisions and process that operated under the ol...
Baroness Noakes | 717 c683 (Link to this contribution)
My Lords, the Minister was very interesting on the subject of the Treasury’s quarterly report. Will ...
Baroness Noakes | 717 c683 (Link to this contribution)
Perhaps I could put the question in a different way. Is there a current statutory requirement for th...
Lord Myners | 717 c683 (Link to this contribution)
I suspect that the noble and learned Lord’s analysis is correct. We put this into the new Bill becau...
Lord Mackay of Clashfern | 717 c683 (Link to this contribution)
It occurs to me that the previous orders may well contain a statutory obligation to report, although...
Lord Myners | 717 c684 (Link to this contribution)
I would never want the noble Baroness to believe that I relied solely on, ““Trust me, I’m the Govern...
Baroness Noakes | 717 c683 (Link to this contribution)
My Lords, it is desirable for there to be a report on the things that have been done under the previ...
Lord Myners | 717 c684 (Link to this contribution)
I thank the right reverend Prelate for his contribution.
Lord Sentamu | 717 c684 (Link to this contribution)
Will the Minister answer the question asked by the noble and learned Lord, Lord Mackay? Did the orde...
Lord Pannick | 717 c684 (Link to this contribution)
I must press the Minister on this matter, because I am puzzled by his position. Many statutes impose...
Lord Myners | 717 c684 (Link to this contribution)
I am sorry; I stand most corrected. We do not currently have a statutory requirement, but we made a ...
Baroness Hamwee | 717 c685 (Link to this contribution)
My Lords, this has taken a turn which I did not quite expect. As regards Amendment 9, I take the poi...
Baroness Noakes | 717 c685 (Link to this contribution)
Before the noble Baroness, Lady Hamwee, decides what to do with her amendment, perhaps I may say tha...
Lord Myners | 717 c684-5 (Link to this contribution)
I hope noble Lords will take great comfort from the fact that we have been reporting to Parliament s...
Baroness Scotland of Asthal | 717 c688 (Link to this contribution)
My Lords, I assure the noble Baroness that the Government share the concerns that she has expressed,...
Baroness Hamwee | 717 c687-8 (Link to this contribution)
My Lords, I shall speak also to Amendment 11. These are my last two amendments in Committee.
The fi...
Baroness Hamwee | 717 c687 (Link to this contribution)
10: After Clause 2, insert the following new Clause—
““Reasonable domestic expenses
(1) The Terroris...
Baroness Hamwee | 717 c685-7 (Link to this contribution)
I hope that the ““hear, hear”” will be recorded in Hansard. This proposal seems a very proper, sensi...
Baroness Scotland of Asthal | 717 c679 (Link to this contribution)
My Lords, I am very happy to do that. I am looking at the Box and I think my civil servants are conf...
Lord Pannick | 717 c622-4 (Link to this contribution)
My Lords, the judgment of the Supreme Court established three principles which the House will wish t...
Lord Myners | 717 c666 (Link to this contribution)
I have already indicated to the Committee that my expectation is that we will issue a call for evide...
Baroness Noakes | 717 c673 (Link to this contribution)
6B: Page 1, line 23, at end insert ““after the date that this Act comes into force””
Lord Myners | 717 c612 (Link to this contribution)
That the Bill be read a second time.
Baroness Hamwee | 717 c676 (Link to this contribution)
My Lords, this is not the first time in the proceedings on this Bill that that point has been made. ...
Lord Myners | 717 c683 (Link to this contribution)
Quarterly reporting is appropriate; it happens once every 90 days and keeps Parliament fully informe...
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