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by Munro Research

Counter-Terrorism Act 2008


Official Summary

A Bill to Confer further powers to gather and share information for counter-terrorism and other purposes; to make further provision about the detention and questioning of terrorist suspects and the prosecution and punishment of terrorist offences; to impose notification requirements on persons convicted of such offences; to amend the law relating to asset freezing proceedings under United Nations terrorism orders; to amend the law relating to inquests and inquiries; to amend the definition of “terrorism”; to amend the enactments relating to terrorist offences, control orders and the forfeiture of terrorist cash; to provide for recovering the costs of policing at certain gas facilities; to amend provisions about the appointment of special advocates in Northern Ireland; and for connected purposes.

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Overview

This Counter-Terrorism Bill aims to strengthen the UK's ability to prevent and respond to terrorism. However, disagreements between the House of Lords and the House of Commons have led to amendments and changes to the original bill, primarily concerning data access, pre-charge detention, and the disclosure of sensitive information during inquests.

Description

The bill faced several amendments. The Lords proposed national guidelines for accessing and deleting fingerprint and sample data held by government agencies, requiring parliamentary approval. The Commons rejected this due to potential public funding implications. A Lords amendment to prevent extending pre-charge detention beyond 28 days was rejected by the Commons as having no legal effect. The Commons also disagreed with Lords amendments that would have allowed wider access to intercept evidence in inquests, citing concerns about disclosing sensitive information to the public. Clause 33 was moved within the bill by the Commons. Finally, Schedule 2 was removed entirely, with the Commons agreeing to the amendment.

Government Spending

The Commons rejected the Lords amendment regarding national guidelines on fingerprint and sample databases because it would involve a charge on public funds. No specific figures were provided.

Groups Affected

The bill potentially impacts:

  • Individuals: Those whose fingerprint and sample data is held by government agencies could be affected by the rejected amendment regarding data access and deletion requests.
  • Government Agencies: These agencies are subject to potential new regulations regarding data handling, although the relevant amendments were rejected.
  • Suspects in Terrorism Investigations: The rejected amendment regarding pre-charge detention could have implications for the length of their detention.
  • Coroners and Inquests: The amendments related to access to intercept evidence during inquests were rejected. The outcome impacts access to information for coroners, juries, and those involved in inquests.

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