Overview

The Prevention of Terrorism Bill aims to enhance the government's powers to combat terrorism by allowing certain anti-terrorism legislation to bypass aspects of the Human Rights Act 1998 during times of public emergency. This is achieved through a certification process overseen by the Secretary of State and subject to parliamentary scrutiny.

Description

The bill grants the Secretary of State the power to certify Acts of Parliament or parts of Acts as primarily focused on preventing terrorism. This certification allows these Acts or provisions to be exempt from sections 2-18 of the Human Rights Act 1998. The Secretary of State must present a certificate to Parliament within a week of the Act's passage. The bill also maintains the right to habeas corpus and due process. However, during a declared public emergency and where a certificate has been issued, courts will consider ministerial decisions on terrorist threats to national security when interpreting relevant legislation.

Key features:

• Certification process for anti-terrorism legislation, bypassing parts of the Human Rights Act 1998.
• Maintenance of habeas corpus and due process rights.
• Judicial consideration of ministerial decisions during public emergencies.
• Parliamentary oversight of the certification process.

Government Spending

The bill does not directly specify any changes to government spending. The financial implications would depend on the implementation of certified legislation and any associated costs related to security and law enforcement measures.

Groups Affected

Groups potentially affected include:

• Individuals suspected of terrorism: May face restrictions on their rights under the Human Rights Act during periods of public emergency.
• Law enforcement agencies: May have enhanced powers to combat terrorism.
• Courts and tribunals: Will have to consider ministerial decisions on national security when interpreting relevant legislation during emergencies.
• Civil liberties groups: May raise concerns about potential human rights infringements.

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