Terrorism Act 1990

[Vivian Rook (LD)]

Terrorism Act 1990

An Act to make provision about terrorism; the protection of the general public and the maintenance of order.
 Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
 
1.  Terrorism: interpretation
(1)In this Act “terrorism” means the use or threat of action where the use or a threat is designed to influence the government or to intimidate the public or  the use or threat is made for the purpose of advancing a political, religious or ideological cause.
(2) An act can be classed as “terrorism” if it involves serious violence against a person or property, endangers a person or persons’ life, other than that of the person committing the offence. An act can also be classed if it creates a serious risk to the health and safety of the public, is designed to interfere with or disrupt an electronic system or involves the use of firearms or explosives to commit an act which is a danger to life.
 
2. Repeal of Legislation
(1)    The following shall cease to have effect –
(a)    the Prevention of Terrorism (Temporary Provisions) Act 1989
 
3. Proscribed Organisations and Terrorist Property
(1) For the purposes of the act an organisation is proscribed if it is listed in Schedule 1 or it operates under the same name as an organisation listed
(2) The Home Secretary may add or remove an organisation from Schedule 1.
(3) The Home Secretary may exercise the power to add an organisation to Schedule 1 if said organisation commits or participates in an act of terrorism, prepare, promote, or encourage terrorism or is otherwise concerned in terrorism.
(4) An application may be made by an organisation to the Home Secretary to remove an organisation from Schedule 1.
(5) The Home Secretary will hear the appeal by the organisation and reserves the right to refuse to remove the organisation from Schedule 1.
(6) In relation to subsection (4) and (5), the Secretary of State’s decision is final.
(7) A person commits an offence if he or she belongs or professes to belong to a proscribed organisation, if he or she invites support for a proscribed organisation or donates,receives or fundraises for money for the organisation as per Schedule 1.
(8) A person commits an offence if he or she arranges, manages or assists a meeting in which they know it will support a proscribed organisation.
(9) A person commits an offence if he or she addresses a meeting to encourage support for a proscribed organisation, attempts to recruit for a proscribed organisation or conducts a private meeting of two or more individuals.
(10) A person guilty of an offence shall be liable on conviction on indictment, to imprisonment for a term not exceeding twenty years, to an unlimited fine or to both.
(11) As per subsection 7, 8 and 9 “proscribed” means proscribed for the purposes of any of the following acts:
(a) this act
(b)the Prevention of Terrorism (Temporary Provisions) Act 1989;
©the Prevention of Terrorism (Temporary Provisions) Act 1984;
(d)the Northern Ireland (Emergency Provisions) Act 1978;
(e)the Prevention of Terrorism (Temporary Provisions) Act 1976;
(f)the Prevention of Terrorism (Temporary Provisions) Act 1974;
(g)the Northern Ireland (Emergency Provisions) Act 1973.
(12) A Police Officer, customs officer or an immigration officer may seize and detain any cash if he or she has any reasonable grounds to do so for suspecting it is intended to be used for the purposes of terrorism or for a proscribed organisation.
(13) As per subsection 12, upon seizure of cash it shall be detained under an order as per Section 4.
4. Monetary Seizure Orders
(1) A Police Officer, customs officer or immigration officer or the commissioners of customs and excise may apply to a magistrates court for an order under this section seized under Section 3, Subsection 12 and 13.
(2) An order shall authorise the further detention of the cash for a period specified in the order, specify a period which ends no later than the end of six months beginning with the date of the order and shall require notice to be given to the person from whom the cash was seized.
(3) An application for an order will be granted if a court is satisfied that there are reasonable grounds to suspect that the cash is for the reasons defined in Section 3, subsection 12 of this act.
(4) An application for an order will also be granted if a court is satisfied that the continued detention of cash is justified pending completion of an investigation which will have commenced upon seizure of the cash.
(5) A Police Officer, customs officer or immigration officer or the commissioners of customs and excise may apply to a magistrates court for a forfeiture order for cash being detained.
(6) An application for a forfeiture order will be granted if a court is satisfied that there is  reasonable evidence to conclude that the cash is for the reasons defined in Section 3, subsection 12 of this act following an investigation as referenced in Section 4, subsection 4.
(7) Any cash or funds to which a forfeiture order applies shall be paid into the Consolidated Fund.
5. Counter Terrorism Powers
(1) A Police officer may arrest without warrant a person which he or she reasonably suspects to be a terrorist.
(2) A person detained shall be released no later than 48 hours after the arrest took place unless charged.
(3) A police officer may apply to a court to extend a person’s detention without charge by a further 72 hours
(4) The person detained must be released without charge or charged and held in custody under this act before the 72 hours have expired as per Section 5 subsection 3.
(5) A court may issue a warrant on application by a police officer to a specified premise if it is satisfied that there are reasonable grounds to suspect a person has engaged in terrorist activity.
(6) A police officer may stop and search a person or a vehicle without a warrant whom he or she reasonably suspects the person to be a terrorist.
(7) A search of a person must be carried out by someone of the same sex.
(8) Where a police officer proposes to search a person or vehicle he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or nearby the place in which the person or the vehicle was stopped.
(9) A police officer who exercises the power may not require a person to remove any clothing in public except for headgear, footwear, coats, jackets or gloves.  
(10) A police officer may immediately seize and retain anything which he discovers during a search of a person and which he or she reasonably suspects may be classed as evidence the person is a terrorist.
(11) Authorisation to stop and search a person or a vehicle without a warrant as per subsection 6 must be given by a Police officer of the rank of Superintendent or higher.
(12) A person commits an offence if he or she fails to stop a vehicle when required to do so by a police officer, fails to stop when required to do so by a police officer or obstructs a police officer from carrying out a stop and search under this act.
(13) A police officer may use reasonable force if required for the purpose of exercising a power under this act.  
(14) Any item seized by a police officer under this act may be retained for so long as is necessary.
(15) A person guilty of an offence under subsection 12 will be liable on conviction to imprisonment not exceeding six months, a fine up to £10,000 or both.
(16) In the event of an imminent threat to the life of an individual or to the lives of the general public as a result of a terrorist act, a police officer the rank of assistant chief constable or higher, or a senior intelligence official may authorise the use of lethal force on the suspect if necessary to bring the situation under control.
(17) In the event section 5, subsection 16 applies, the Home Secretary must be notified before the order is given or in the event operational priorities take precedence, immediately after.  
6. Weapons
(1) A person commits an offence if he or she provides or receives instruction or training in the making or use of firearms, chemical, biological, nuclear weapons or explosives unless it is done within their capacity of a sanctioned role.
(2) A person commits an offence if he or she collects or makes a record of information likely to be useful to a person committing or preparing an act of terrorism
(3) A person guilty of an offence under subsection 1 and 2 shall be liable to imprisonment for a term not exceeding twenty five years or to an unlimited fine or both.
(4) A person commits an offence if he or she is in the possession of a firearm, chemical, biological, nuclear weapon or explosive (unless within their capacity of a sanctioned role) with the intent to cause harm, maim or kill individuals or the general public. 
(5) A person guilty of an offence under subsection 4 shall be liable to life imprisonment, with no parole. 
7. General
(1) This act extends to the whole of the United Kingdom
(2) This act will take effect the day after Royal Assent
(3) This act may be cited as the Terrorism Act 1990.  
 
 

Mr Speaker,

I rise today to present to the House an act which will give our police the powers that are needed to be able to tackle terrorism.

Section 1 of the Terrorism Act 1990 details the interpretation of Terrorism under this act. In short, any action where a threat is used against an individual, the government, the public for any ideological, religious or political cause. Any violent act against a person or property that endangers a person or persons' lives is covered under this section. This act will also cover any attempt to interfer with electornic devices to cause serious harm or a danger to life as well as the use of firearms and explosives.

Section 2 of this act repeals Prevention of Terrorism (Temporary Provisions) Act 1989, a temporary provision. 

Section 3 of this act outlines Proscribed Organisations and Terrorist Property. Under this act organisations which are proscribed under this act under Schedule 1. If an individual is a member of said organisation , invites support, fundraises or even speaks for that organisation then they will be committing a criminal offence under this act. If they are found guilty of this offence then they will face imprisonment of up to twenty years or face an unlimited fine. They could also face imprisionment and pay the fine. Under Section 3 the Secretary of State can add, remove or amend the list of organisations that are proscribed under this act.

Section 4 of this act outlines the monetary seizure orders. This allows any police, immigration or customs officer to be able to seize money from a suspect under the application of a court order if the money is believed to be funding terrorism. The order will be granted if there are reasonable grounds to suspect that the cash is for the use of funding terrorism. A forfeiture order can also be raised and if there are reasonable grounds to believe the money is for terrorism causes following an investigation then the money will be seized and transferred to the consolidated fund. 

Section 5 of this act details counter terrorism powers. Under this act if a police officer suspects an individual of being a terrorist then they can arrest said person without a warrant. The person will be released after 48 hours if not charged however, under this section a police officer may apply to a court to extend the detention by a further 72 hours if the police require more time to interview the suspect. At that point the police must charge an individual before the 72 hours have expired or release the individual without charge. This section also allows the police to search the premises of an individual with a warrant if there are reasonable grounds to suspect an individual has been involved in terrorist activity. Section 5 also allows the police to conduct stop and search operations on an individual or a vehicle without a warrant if there are reasonable grounds to suspect the individual has been engaged in terrorist activity. To conduct this stop and search requires the authorisation of a police officer the rank of superintendent or higher. The police officer can also seize any property which may be classed as evidence if the police officer suspects the individual of a terrorist offence. If an individual refuses to comply with the police, such as refuses to stop a vehicle then they will be charged under the Terrorism Act and face a £10,000 fine, up to six months imprisonment or both. Section 5 also grants the police powers to bring a situation under control if there is an imminent threat to life, whether that is an individual or the general public. A police officer the rank of assistant chief constable or higher, or a senior intelligence official may authorize the use of lethal force if absolutely necessary to mitigate the threat. I will stress to this house that operational decisions will remain under the purview of the police and they should be given the powers that are absolutely necessary to mitigate any imminent threat that the people of this country could face. There have been terrorist incidents on the shores of the United Kingdom in the past and our police must be given the right powers so they can be ready to quickly deal with an imminent threat.

Section 6 of this act details the use of weapons. It is a criminal offence for an individual to give or receive training or instruction in the use of chemical, biological, nuclear weapons as well as explosives and firearms unless it is deemed necessary for their sanctioned role. An example of this Mr Speaker would be the armed forces, where this section would not apply to them. It is also a criminal offence to collect or make use of information likely to be useful to a person who may commit an act of terrorism. If a person is found guilty of either of these offences then they may serve up to twenty five years in prison, an unlimited fine or both. A person is also committing an offence if they are found in possession of a firearm, a chemical, biological or nuclear weapon or explosive with the intent to cause harm, maim or kill individuals or the wider general public. If they are found guilty of said offence, then they will face life imprisonment with no parole. 

Mr Speaker, this government believes this act is just one of the measures that are needed to strengthen our police and to protect the general public. This country has seen devastating terrorist attacks in this country before and this act will allow our police to tackle those threats to protect the British Public. I call on all Members of Parliament to support this legislation. 

[Marcus Drummond-MacBeath]

Norman Lamont, Leader of the House of Commons: Mr Speaker, I beg to move that the Bill be read a First Time and be Printed.

[Nathan]

Order!

Second reading!

[Ruan Preston (LAB)]

Mr Speaker,

It feels almost surreal to follow the introduction given by the Secretary of State just now. In very calm and clinical terms, she describes and elaborates surgically on each measure contained in this bill. One would feel, Mr Speaker, that we were in a fairly routine procedure just now, and that all of this is self-evident.

Mr Speaker, the reason it all feels surreal is that it is not, or should not. In fact, for all her attention to detail, the right honourable lady has omitted one crucial fact: why this bill, and why now? After all, only last year, after a very emotional debate, this House passed the Prevention of Terrorism (Temporary Measures) Act, as it has ever since the first instance of that act was passed in 1974, amidst a rise in terrorist activity. Back then, when my honourable friend, the member for Redcar, raised legitimate concerns over civil liberties, she was told by members opposite that "these were extraordinary measures" and that it was for this very reason that like all the bills before it, the bill was only temporary for the period of 5 years.

The bill presently before the House proposes to make this situation, which was then rightly deemed extraordinary for its encroachment upon civil liberties of innocent people - my honourable friend mentioned the case of an innocent bystander who was shot by law enforcement simply for having the misfortune of being in the wrong place at the wrong time. For the sake of temporarily shielding us from terrorists, it might be justifiable to pass such measures, provided that Parliament has to affirm their resumption - a point many of my colleagues would take issue with. I should hope, Mr Speaker, that the same members who told the member for Redcar just under two years ago that the bill was justified by its temporary nature, will now have the courage to examine their convictions on this matter again.

I should hope so, Mr Speaker, because the Home Secretary gives not a single concrete reason why the Temporary Measures Act doesn't suffice and why the situation must now be made permanent. The situation must have grown so much more heinous and dire, in my opinion, to even consider such a move. But the very place in her argument where detail matters most is the place the Home Secretary has chosen to glance over in its vagueness. You can colour me disappointed, Mr Speaker. It is needed to "strengthen our police forces". Indeed, Mr Speaker! I would submit that our police forces have already been strengthened by a temporary act sufficiently to do what the Home Secretary wishes them to do. That cannot possibly justify extending this situation indefinitely, even after the situation has been addressed. She really has to explain herself better if she wishes to win the support of the House.

Not to mention, Mr Speaker, that in making the temporary weapon put at the disposal of the police permanent, there might be damage inflicted upon the hope for peace in Northern Ireland. The temporary measures already risked alienating part of the Northern Irish population as it was. Again, their temporary nature, just until the spike in terrorism had died down, might've justified it. But with these measures made permanent, I fear that especially among nationalist communities, the feeling of associated stigma might drive them into the arms of the very groups we seek to combat. These counterproductive results become sadly more likely in a permanent situation, and this, too, warrants closer examination of the key change: from temporary measures to permanent instrument.

At the same time, Mr Speaker, if the main aim of the government is to give additional means to combat terrorism, this act will, upon closer inspection, deeply disappoint. On close comparison with last year's Temporary Measures Act, it in fact weakens several of the powers it gives and removes others entirely. Exclusion orders will simply cease under this act, allowing terrorists to move freely into Great Britain, Northern Ireland or the UK as a whole once more, as it may happen. The period of detention without charge has been limited and put under the supervision of the courts. Admirable from a civil rights perspective, and I congratulate the government on seeing sense, but from the perspective of the aim the Home Secretary has set out for the bill, it weakens rather than strengthens the hand of the police.

Mr Speaker, I honestly do not see that this bill is either justified or expedient. Even in its weaker formulations, it presents an encroachment on our civil liberties made permanent, without even the requirement of reaffirmation of Parliament. It slides what was previously extraordinary into the ordinary, and in so doing presents a dangerous precedent. There is no compelling reason to repeal the Temporary Provisions bill and replace it with this permanent one. And as if that weren't enough, the permanent regime the government put in place lacks some of the essential parts of the temporary regime in such a way that, on the whole, it does not accomplish it aims.

This bill has earned the dubious distinction of administering a dubious medicine while potentially worsening the condition of the patient. I call upon the members of this House, especially those who appealed to the temporary nature of the bill it replaces, to reject it.

[Marcus Drummond-MacBeath]

Leader of the House of Commons: Mr Speaker, I move that the question not be put.