UK Parliament / Open data

Terrorist Asset-Freezing (Temporary Provisions) Bill

Debate on bills and Committee of the Whole House (HC) on Monday, 8 February 2010, in the House of Commons, led by Sarah McCarthy-Fry. The answering member was Mark Hoban.
Terrorist Asset-Freezing (Temporary Provisions) Bill. Allocation of time motion agreed to on division (376 votes to 56). Second reading debate agreed to on question. Committee stage. Clause 1, discussed with new clause 1, debated and agreed to as amended. Clause 2 agreed to. Clause 3 agreed to as amended. Bill, as amended, reported. Third reading debate agreed to on question, and Bill passed.
Type
Parliamentary proceeding
Reference
505 c642-722 
Session
2009-10
Department
Treasury
Legislative stage
Committee stage, Third reading, Report stage and Second reading
Procedure
Allocation of time motions
New clauses
Chamber / Committee
House of Commons chamber
Related items
Terrorist Asset-Freezing (Temporary Provisions) Bill. Brought from the Commons. Explanatory Notes HL Bill 33-EN also published.
Monday, 8 February 2010
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Terrorist Asset-Freezing (Temporary Provisions) Bill. Explanatory Notes Bill 62-EN also published.
Friday, 5 February 2010
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Terrorism (United Nations Measures) Order 2009
Wednesday, 15 July 2009
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Al-Qaida and Taliban (United Nations Measures) Order 2006
Wednesday, 15 November 2006
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Show all related items (6)
Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2005
Wednesday, 8 June 2005
Statutory instruments
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Terrorism (United Nations Measures) Order 2006
Wednesday, 11 October 2006
Statutory instruments
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House of Commons
Proceeding contributions
Viscount Hailsham | 505 c673 (Link to this contribution) The right hon. Lady is right in part, but she will also accept that Lord Hope's judgment, for exampl...
Baroness Smith of Malvern | 505 c673-4 (Link to this contribution) Surely the key element is that, given the significant and onerous nature of the proposals, it was wr...

Show all contributions (153)
David Howarth | 505 c673 (Link to this contribution) It is important for the House to understand why the Supreme Court did not consider the human rights ...
Baroness Smith of Malvern | 505 c673 (Link to this contribution) I was not making that argument; I was arguing that the Supreme Court made its decision on the basis ...
Vincent Cable | 505 c676-7 (Link to this contribution) I am sure that that is right. The right hon. and learned Member for Sleaford and North Hykeham (Mr. ...
Vincent Cable | 505 c674-6 (Link to this contribution) We have heard three speeches in support of the Bill. I have to say that Liberal Democrat Members are...
Lord Deben | 505 c676 (Link to this contribution) Does the hon. Gentleman agree that the fact that there is a significant amount of doubt about this b...
Viscount Hailsham | 505 c671 (Link to this contribution) I can understand the right hon. Lady taking a legalistic point of view, but surely she should also g...
Baroness Smith of Malvern | 505 c671-3 (Link to this contribution) My point is that there was not only significant legal advice that the 1946 Act was a legitimate grou...
Mark Hoban | 505 c665-7 (Link to this contribution) My right hon. Friend is right. The Government have sought to limit scrutiny of legislation on a seri...
Baroness Smith of Malvern | 505 c667 (Link to this contribution) Given the hon. Gentleman's understandable concerns about the impact of such measures on families, do...
Mark Hoban | 505 c667 (Link to this contribution) I am trying to illustrate the impact that the regime has. The Treasury has relaxed some of the rules...
David Howarth | 505 c667 (Link to this contribution) Before the hon. Gentleman moves on to the fundamental rights aspect of the orders, may I bring him b...
Mark Hoban | 505 c667-8 (Link to this contribution) The hon. Gentleman has a point. I assume, and hope, that while A and K might have disappeared in the...
Mark Hoban | 505 c668-71 (Link to this contribution) My right hon. and learned Friend makes an important point, and it was because of the lack of parliam...
Mark Hoban | 505 c664-5 (Link to this contribution) Let me make it clear that we will support the Bill tonight. We agree with the Government that there ...
Baroness Smith of Malvern | 505 c671 (Link to this contribution) I welcome the Bill and the speed with which the Government have introduced it. Nobody would want any...
Neil Gerrard | 505 c663 (Link to this contribution) Let us be clear that the court will see that evidence but the person who is the subject of the order...
Viscount Hailsham | 505 c663 (Link to this contribution) The right hon. Gentleman is doing his best to reassure the House, but does he understand that there ...
Liam Byrne | 505 c663 (Link to this contribution) I understand that, but I think that the protection in place is appropriate, because in the first ins...
Andrew Dismore | 505 c662 (Link to this contribution) Presumably, that is on the basis of the test of judicial review, according to my reading of the draf...
Liam Byrne | 505 c662-3 (Link to this contribution) I am confident that the courts have the necessary latitude to consider the two tests that an individ...
Andrew Dismore | 505 c661 (Link to this contribution) My right hon. Friend mentioned the licensing regime, which governs people's living expenses. I do no...
Liam Byrne | 505 c661-2 (Link to this contribution) Yes, indeed. Licensing decisions can be, and are being, challenged in court to ensure that they are ...
Lord Deben | 505 c663-4 (Link to this contribution) The Minister is being his usual charming self in explaining these matters, but I wish to press him a...
Liam Byrne | 505 c659-60 (Link to this contribution) The answer to the hon. Gentleman is simple. The Supreme Court said that it was willing to consider a...
Viscount Hailsham | 505 c660 (Link to this contribution) The Chief Secretary said that the Treasury will be subject to the full weight of judicial review, bu...
Liam Byrne | 505 c660-1 (Link to this contribution) I shall discuss judicial review in a little more detail shortly. The point that I am making is simpl...
Andrew Dismore | 505 c661 (Link to this contribution) Is either the whole or the gist of the factual matrix to which my right hon. Friend has referred ava...
Andrew Dismore | 505 c659 (Link to this contribution) My right hon. Friend has published the draft Bill, which is available in the Vote Office, and I welc...
Liam Byrne | 505 c659 (Link to this contribution) I look forward to that debate ensuing.
Mark Hoban | 505 c659 (Link to this contribution) The route available now to the Government —the emergency Bill today and a longer period of scrutiny—...
Robert Syms | 505 c661 (Link to this contribution) Is the test of reasonable suspicion carried out individual by individual or organisation by organisa...
Liam Byrne | 505 c661 (Link to this contribution) Yes, and when individuals wish to challenge decisions that entail closed-source evidence, the specia...
Liam Byrne | 505 c661 (Link to this contribution) I am grateful for the opportunity to clarify the position. They would be dealt with on a case-by-cas...
Lord Deben | 505 c692 (Link to this contribution) Let me just say to the hon. Lady that they will not put it as boldly as I do because they are all ve...
Lord Deben | 505 c692-3 (Link to this contribution) I therefore have to tell the hon. Lady that ““reasonable suspicion”” is a dangerous thing to be put ...
Viscount Hailsham | 505 c692 (Link to this contribution) Very rapidly. My right hon. Friend and I were both Ministers for a long time and most of us had the ...
David Gauke | 505 c693-5 (Link to this contribution) It is a pleasure to wind up this Second Reading debate on a matter of great importance, which, as we...
Lord Deben | 505 c693 (Link to this contribution) No, I will not give way—certainly not to the right hon. Lady, who of all people has done more than a...
Lord Deben | 505 c690-1 (Link to this contribution) Today we are discussing what is, in fact, the main purpose of being a Member of Parliament—that is, ...
Lord Deben | 505 c691 (Link to this contribution) I entirely agree with my right hon. and learned Friend. That is what really worries me. I could not ...
Viscount Hailsham | 505 c691 (Link to this contribution) I hope that my right hon. Friend will forgive me for making a slightly legalistic point—I know he do...
Lord Deben | 505 c691 (Link to this contribution) The hon. Gentleman makes exactly the right comment, but that means that we are dealing with 51 peopl...
Andrew Dismore | 505 c691 (Link to this contribution) Another thing we do not know about the 18 cases that were reviewed is how long it took before the or...
Lord Deben | 505 c691 (Link to this contribution) Before I give way to the hon. Gentleman, let me say that I am a believer in the infallibility of the...
Lord Deben | 505 c692 (Link to this contribution) I am not sure that I should be led down that path, Mr. Deputy Speaker, as it would be a chilly one a...
Elfyn Llwyd | 505 c691 (Link to this contribution) The Government will always say that powers like this will be used strictly and only occasionally, bu...
Viscount Hailsham | 505 c682 (Link to this contribution) Although the model of special counsel is in no sense ideal—many aspects of that regime are easy to c...
Robert Syms | 505 c682 (Link to this contribution) Clearly, if some of the orders are centred on certain communities, that could be the effect. People ...
Lord Deben | 505 c682 (Link to this contribution) Does my hon. Friend agree that the fundamental problem is that if one makes a mistake in this area a...
Robert Syms | 505 c681 (Link to this contribution) Of course that would be very difficult. One suspects that some of these individuals are not necessar...
Humfrey Malins | 505 c689-90 (Link to this contribution) My right hon. and learned Friend confirms that it means county. The key point was this: what remedy...
Humfrey Malins | 505 c688-9 (Link to this contribution) I will be brief. I wish to make basically two points, both of which are relevant to the issues under...
Viscount Hailsham | 505 c687-8 (Link to this contribution) I will be fairly brief, because I know my right hon. Friend the Member for Suffolk, Coastal (Mr. Gum...
Andrew Dismore | 505 c682-7 (Link to this contribution) Unfortunately, there has not been an opportunity for the Joint Committee on Human Rights—or anyone e...
Robert Syms | 505 c682 (Link to this contribution) What we have to consider is not only the broader picture of protecting our constituents, but the inn...
Vincent Cable | 505 c677 (Link to this contribution) I know that the right hon. and learned Member for Sleaford and North Hykeham and the right hon. Memb...
Vincent Cable | 505 c677-8 (Link to this contribution) Exactly. That is the point that I made, and I am grateful for the clarification. It is to the Gover...
Viscount Hailsham | 505 c677 (Link to this contribution) I am grateful to the hon. Gentleman. Will he also keep in mind page 19 of the 2004 report by the Joi...
Robert Syms | 505 c681 (Link to this contribution) The challenge to strike a balance between fighting against terrorism, which we all know to be a majo...
Neil Gerrard | 505 c680 (Link to this contribution) That is clearly the case, and that is why I am worried about the use of reasonable suspicion in impo...
Viscount Hailsham | 505 c681 (Link to this contribution) That is an interesting point, because one only has to ask oneself what review mechanism is available...
Robert Syms | 505 c679 (Link to this contribution) Under the legislation, no one is allowed to give economic assistance to someone placed under such an...
Neil Gerrard | 505 c678-9 (Link to this contribution) It is good that for the first time, we are debating what is in the orders, at least to some extent. ...
Viscount Hailsham | 505 c680 (Link to this contribution) The hon. Gentleman is making an interesting point about reasonable suspicion. Perhaps he will accept...
Neil Gerrard | 505 c679 (Link to this contribution) Absolutely; it is a criminal offence to give such assistance. There were queries about whether payi...
Sarah McCarthy-Fry | 505 c717 (Link to this contribution) I am rather disappointed with the Liberal Democrats' position. As a Government we want to ensure tha...
Sarah McCarthy-Fry | 505 c720-1 (Link to this contribution) I beg to move, That the Bill be now read the Third time. I thank all Members for their contribution...
Chair of Committees of the Whole House | 505 c717 (Link to this contribution) Order. There really are far too many private conversations going on in the Chamber. It is difficult ...
David Howarth | 505 c717 (Link to this contribution) Thank you, Mrs. Heal. As I was saying, although we did not vote against Second Reading and we accept...
David Howarth | 505 c717 (Link to this contribution) I will be very brief. I simply want to say that although we did not object to the Bill receiving its...
David Howarth | 505 c714 (Link to this contribution) The Minister made a legal point at the start of her speech, but I do not think she could fully have ...
Sarah McCarthy-Fry | 505 c713-4 (Link to this contribution) No, the basis for the judgment for not giving us a stay was that the Court did not have a legal basi...
Martin Horwood | 505 c713 (Link to this contribution) Am I right in thinking that, when a suspension of the Supreme Court's decision was requested, the Co...
Sarah McCarthy-Fry | 505 c712-3 (Link to this contribution) I thank all hon. Members for their contributions to the debate on the amendments, including the hon....
Elfyn Llwyd | 505 c711-2 (Link to this contribution) I rise to support the amendments, as I believe that they would be a very helpful step forward. The h...
Mark Hoban | 505 c721 (Link to this contribution) I echo the Minister's thanks to all who have taken part in the debate. It has been a good debate. T...
David Howarth | 505 c721-2 (Link to this contribution) The Liberal Democrats will not oppose the Bill on Third Reading either, because we did not oppose it...
Chair of Committees of the Whole House | 505 c699 (Link to this contribution) With this we may take amendment 2, line 2, leave out '31 December' and insert '31 July'.
Mark Hoban | 505 c699-700 (Link to this contribution) As I said on Second Reading, plan A had been to pass a terrorism (United Nations measures) Bill by n...
Sarah McCarthy-Fry | 505 c697-8 (Link to this contribution) I do not think that that is the argument advanced by one of the judges. Let me deal with a point ra...
Mark Hoban | 505 c699 (Link to this contribution) I beg to move amendment 1, page 1, line 3, leave out '31 December 2010'and insert '31 March 2010'.
David Howarth | 505 c700-1 (Link to this contribution) First, let me say that it would have been better if we had dealt with all the amendments before us i...
Sarah McCarthy-Fry | 505 c701-2 (Link to this contribution) Obviously the purpose of both amendments is to reduce the period during which the temporary Bill wil...
David Howarth | 505 c697 (Link to this contribution) The crucial point that the Minister seems to have missed, which was mentioned by both the hon. Membe...
Sarah McCarthy-Fry | 505 c697 (Link to this contribution) I will in a moment. The court struck the orders down purely on the grounds that they went beyond th...
Sarah McCarthy-Fry | 505 c696-7 (Link to this contribution) I will not. I am sorry. As Members will know, although the Supreme Court ruled that the Terrorism (...
Chair of Committees of the Whole House | 505 c706-8 (Link to this contribution) With this we may take the following: amendment 5, page 1, line 11, at end insert—
David Howarth | 505 c708 (Link to this contribution) All the amendments and the new clause stand in my name and that of my hon. Friend the Member for Twi...
David Howarth | 505 c708-10 (Link to this contribution) Not quite, because of what clause 2 does. To achieve that effect, we would have to vote against clau...
Mark Hoban | 505 c710-1 (Link to this contribution) I find it a bit rich for the hon. Member for Cambridge (David Howarth) to propose these amendments a...
Chair of Committees of the Whole House | 505 c706 (Link to this contribution) With this we may take the following: Government amendments 9 to 11.
Sarah McCarthy-Fry | 505 c705 (Link to this contribution) I beg to move Government amendment 8, page 1, line 5, at end insert—
David Howarth | 505 c706 (Link to this contribution) I beg to move amendment 4, page 1, leave out lines 9 to 11 and insert—"'are declared to have the sam...
Sarah McCarthy-Fry | 505 c706 (Link to this contribution) It is important that we maintain our terrorist asset-freezing regime not just in the UK, but for the...
Sarah McCarthy-Fry | 505 c645 (Link to this contribution) I take on board my hon. Friend's point, but I remind him that we are debating a motion to set out th...
Neil Gerrard | 505 c645 (Link to this contribution) My hon. Friend says that the banks have agreed to continue to freeze assets pending the passage of e...
Sarah McCarthy-Fry | 505 c644-5 (Link to this contribution) We believe that we had strong grounds in law for introducing the secondary legislation under the Uni...
Viscount Hailsham | 505 c644 (Link to this contribution) I am grateful to the hon. Lady for giving way, but will she be good enough to tell us why, given the...
Lembit Opik | 505 c645 (Link to this contribution) I shall leave the detailed discussion of the Bill's content to my more expert colleagues. I am conce...
Sarah McCarthy-Fry | 505 c642-4 (Link to this contribution) I beg to move,"That the following provisions shall apply to the Terrorist Asset-Freezing (Temporary ...
Sarah McCarthy-Fry | 505 c650-1 (Link to this contribution) I have listened with interest to hon. Members' contributions on the motion. The main thrust of the a...
Liam Byrne | 505 c655 (Link to this contribution) I beg to move, That the Bill be now read a Second time. The whole House would wish that today's pro...
Viscount Hailsham | 505 c648-9 (Link to this contribution) I, too, rise to express my considerable anxiety at what we are doing. First, I accept that we will ...
Lembit Opik | 505 c649 (Link to this contribution) Does it strike the right hon. and learned Gentleman as ironic that the Government want to rush this ...
Viscount Hailsham | 505 c649-50 (Link to this contribution) Yes, I agree with that. Nor is it necessary, because the provisions of the Bill—I will not expand on...
Liam Byrne | 505 c655 (Link to this contribution) Before I give way to the right hon. and learned Gentleman, I should make clear that my remarks this ...
Viscount Hailsham | 505 c655 (Link to this contribution) That is very important and we look forward to hearing what safeguards will be put in place. However,...
Liam Byrne | 505 c655-6 (Link to this contribution) That is a fair point, and I will talk about it later in my remarks. Suffice it to say, the United Na...
Keith Vaz | 505 c646 (Link to this contribution) I am not disputing for one moment that we should scrutinise the Government and question them about w...
Keith Vaz | 505 c646 (Link to this contribution) I shall be brief and support the Minister in what she is trying to do. It is vital that the matter c...
Sarah McCarthy-Fry | 505 c645 (Link to this contribution) Again, I take on board the hon. Gentleman's point, but, obviously, we are not in control of the Supr...
Lembit Opik | 505 c648 (Link to this contribution) Is my hon. Friend effectively saying that, when faced with the inconvenience of checks and balances ...
David Heath | 505 c648 (Link to this contribution) My hon. Friend is absolutely right; he has got it in one. That is why the allocation of time motion ...
Speaker | 505 c648 (Link to this contribution) Order. Could I remind the hon. Gentleman that we are talking about the allocation of time? I am sure...
David Heath | 505 c648 (Link to this contribution) But, Madam Deputy Speaker, my point is precisely about the allocation of time, because it is precise...
Liam Byrne | 505 c657 (Link to this contribution) I will address that point slightly later, because it touches on the issue of designation, on which i...
Neil Gerrard | 505 c657 (Link to this contribution) The real issue is not so much the 1946 Act, but Security Council resolution 1373, the terms of which...
Liam Byrne | 505 c656 (Link to this contribution) The 1946 Act did not set out any such test; rather, it set out a broad power for the Government to i...
David Howarth | 505 c656 (Link to this contribution) That is the crucial point. The Court made its decision because the order undermines fundamental righ...
Liam Byrne | 505 c656 (Link to this contribution) Perhaps the hon. Gentleman will intervene again to clarify one point. When he refers to the ““origin...
Humfrey Malins | 505 c656 (Link to this contribution) As we know, the measures are fairly draconian, but what does the Minister think was the original int...
Liam Byrne | 505 c656 (Link to this contribution) Parliament is the proper place to debate those safeguards. That is why, alongside this temporary Bil...
Lord Deben | 505 c656 (Link to this contribution) I am happy that the Government felt that that was the effective legal base. The issue that many of u...
Viscount Hailsham | 505 c658 (Link to this contribution) The right hon. Gentleman will be familiar with much of the anti-terrorism legislation in place, so h...
Liam Byrne | 505 c658-9 (Link to this contribution) I hope to touch on the question of judicial review later in my remarks, but there are three basic po...
Mark Hoban | 505 c659 (Link to this contribution) When the matter was discussed with the Treasury last week, plan A was to put a Bill on the statute b...
Liam Byrne | 505 c659 (Link to this contribution) There is the simple idea that eight weeks is not an ideal time in which to pass the legislation. The...
Liam Byrne | 505 c658 (Link to this contribution) We did not do so for the simple reason that that is not a sufficiently general defence. Indeed, the ...
David Howarth | 505 c658 (Link to this contribution) I am referring to sections 4 and 5 of the Anti-terrorism, Crime and Security Act 2001. Lord Hope sai...
Liam Byrne | 505 c658 (Link to this contribution) I could not speculate on how many cases the security services are monitoring where the threat is ent...
David Howarth | 505 c658 (Link to this contribution) This sounds like a point of detail, but it is crucial to what is happening today. Section 5 of the 2...
Liam Byrne | 505 c658 (Link to this contribution) I am not sure whether the hon. Gentleman is referring to the 2001 Act or the 2001 order.
David Howarth | 505 c657-8 (Link to this contribution) That brings us to the issue of what the Government are doing now about the Supreme Court's judgment....
Viscount Hailsham | 505 c668 (Link to this contribution) The fact that the Treasury adopted the reasonable suspicion test, which has proved unsatisfactory in...
Sarah McCarthy-Fry | 505 c692 (Link to this contribution) I cannot sit here and listen to that. I assure the right hon. Gentleman that Treasury officials in n...
Mark Hoban | 505 c645-6 (Link to this contribution) Let me be clear from the outset: we shall not oppose the programme motion because the time spent doi...
Lord Deben | 505 c665 (Link to this contribution) I think my hon. Friend is being too kind to the Government. The problem is that this attitude is not...
Sarah McCarthy-Fry | 505 c695-6 (Link to this contribution) This has been an interesting debate on an issue which—as the debate has revealed—is difficult and si...
Mark Hoban | 505 c708 (Link to this contribution) Before the hon. Gentleman talks about that case, will he clarify something? Would his amendment effe...
Mark Hoban | 505 c702 (Link to this contribution) What a difference a week makes, because a few days ago the Minister was happy to push the long Bill ...
David Heath | 505 c646-8 (Link to this contribution) The right hon. Gentleman, who has been in the House many years, knows that parliamentary procedure a...
Liam Byrne | 505 c663 (Link to this contribution) Only closed-source evidence is used in the special advocate procedure, but we must ensure that appro...
Liam Byrne | 505 c664 (Link to this contribution) I do not want to take a single word away from the opportunity that we will have to debate this legis...
Speaker | 505 c651 (Link to this contribution) I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.
David Heath | 505 c646 (Link to this contribution) I wish that that argument were more persuasive, and that there was an opportunity during the substan...
Liam Byrne | 505 c657 (Link to this contribution) The reason why I am here this afternoon is that we lost the case. The point that I was hoping to mak...
Humfrey Malins | 505 c656 (Link to this contribution) I might be wrong, but I think I am referring to the original test not in Orders in Council but in th...
Subjects
Disclosure of information
Assets
Crown dependencies
Channel Islands
Finance
Licensing
Human rights
Legal aid scheme
EU law
Isle of Man
National security
Parliamentary scrutiny
Terrorism
United Nations
Supreme Court
UN resolutions
al Qaeda
Taliban
Freezing of assets
Sunset clauses
Legislation
Terrorist Asset-freezing (Temporary Provisions) Bill 2009-10
Link
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