The Terrorism Prevention and Investigation Measures Bill was introduced into the House of Commons on 23 May 2011. On 26 January 2011 the Home…
The Terrorism Prevention and Investigation Measures Bill was introduced into the House of Commons on 23 May 2011.
On 26 January 2011 the Home Secretary announced the outcome of the review of counter-terrorism and security powers, including the review of control orders. This included a commitment to repeal control orders and replace them with a more focussed and less intrusive system of terrorism prevention and investigation measures.
The new system will protect the public from individuals who pose a real terrorist threat, but whom we cannot prosecute or, in the case of foreign nationals, deport.
The Terrorism Prevention and Investigation Measures Bill marks a key milestone in the government’s programme to rebalance intrusive security powers and increase safeguards for civil liberties.
The bill and explanatory notes can be found on the parliament website.
What will the Terrorism Prevention and Investigation Measures Bill do?
The bill includes the following provisions:
- repeal of control orders (Prevention of Terrorism Act 2005)
- introduction of replacement system of terrorism prevention and investigation measures
increased safeguards for the civil liberties of individuals subject to the measures, including:
- higher test for the measures to be imposed than exists for control orders
- maximum time limit of two years - further measures can only then be imposed if the person has re-engaged in terrorism
- restrictions that impact on an individual’s ability to follow a normal pattern of daily life will be kept to the minimum necessary to protect the public, and will be proportionate and clearly justified. It will be much clearer what restrictions can and cannot be imposed, including:
- lengthy curfews will be replaced by a more flexible overnight residence requirement
- relocation to another part of the country without consent will be scrapped
- geographical boundaries will be replaced with the more limited power to impose tightly-defined exclusions from particular areas
individuals subject to the measures must be permitted a landline and a mobile telephone, and a computer with internet connection
broad judicial oversight of the system
- high court permission will be needed to impose the measures (or to immediately confirm measures imposed in urgent cases)
- there will be a full automatic review of each case in which measures will be imposed
- rights of appeal for the individual against refusal of a request to revoke or vary the measures
a duty on the Secretary of State to consult on the prospects of prosecuting an individual before measures may be imposed, and a duty to keep the necessity of the measures under review while they are in force
- the independent reviewer of terrorism legislation will publish an annual review of the operation of the system
The bill is expected to receive royal assent by the end of 2011.
Enhanced Terrorism Prevention and Investigation Measures Bill
The review of counter-terrorism and security powers also concluded that there may be exceptional circumstances where it would be necessary for the Government to seek Parliamentary approval for additional restrictive measures.
The Government has therefore published on 1 September 2011 draft emergency legislation - the Enhanced TPIM Bill - for introduction should such exceptional circumstances arise.
The Enhanced TPIM Bill provides powers for the Home Secretary to impose enhanced TPIM notices specifying more stringent restrictions than those available under the TPIM Bill, if approved by Parliament. These include the power to relocate the individual without their consent to a different part of the country, geographical boundaries, and tighter restrictions on association and communications.
Background and useful documents - TPIM Bill
- Impact assessment
- Memorandum to Joint Committee on Human Rights
- Delegated powers memorandum
- Review of counter-terrorism and security powers and related documents (this includes the equality impact assessment covering this policy, and the report by Lord Macdonald of River Glaven QC)
- Government response to Joint Committee on Human Rights report of 19 July 2011 on TPIM Bill
- Government response to Joint Committee on Human Rights report of 19 October 2011 on TPIM Bill
- Government response to Delegated Powers and Regulatory Reform Committee report on 14 October 2011 on TPIM Bill