Draft Enhanced Terrorism Prevention And Investigation Measures Bill

In line with the review of counter-terrorism and security powers which concluded that control orders be repealed and replaced with a less intrusive and more focused system the Government introduced the Terrorism Prevention and Investigations Measures (TPIM) Bill. The Government is also making additional resources available to the Security Services and police for covert investigative techniques. The review also concluded that there may be exceptional circumstances where it would be necessary to seek Parliamentary approval for additional restrictive measures. The Government therefore committed to preparing draft emergency legislation which would provide powers for the Home Secretary to impose enhanced TPIM notices specifying more stringent restrictions. This paper presents the draft bill and explanatory notes to enable pre-legislative scrutiny

The draft Enhanced Terrorism Prevention and Investigation Measures Bill is intended to be introduced by the Government in response to "exceptional circumstances" which "cannot be managed by any other means". It is complementary to, and if introduced will operate alongside, the existing TPIMs legislation (as set out in the Terrorism Prevention and Investigation Measures Act 2011). If approved by Parliament, this Bill will allow the Government to impose a series of restrictive measures, broadly similar to those available under the control order regime, on certain targeted individuals. The Committee accepted the need for such measures as a preventative tool against suspected terrorists but raised concerns about the role of Parliament in approving their introduction and the threat to security created by "time-limiting" the legislation. To safeguard and better monitor their use, the Committee further called on the Government to institute higher standards of legal review of any use of this legislation.

The Bill published as HCB 211, session 2010-12 (ISBN 9780215558374)

Response to HL Paper 70/HC 495, session 2012-13 (ISBN 9780108476303). Dated January 2013

This Bill would strengthen powers to place temporary restrictions on travel where a person is suspected of involvement in terrorism; it would enhance existing Terrorism Prevention and Investigation Measures to monitor and control the actions of individuals in the UK who pose a threat; it would enhance law enforcement agencies' ability to investigate terrorism and serious crime by extending the retention of relevant communications data to include data that will help to identify who is responsible for sending a communication on the internet or accessing an internet communications service; it would strengthen security arrangements in relation to the border and to aviation, maritime and rail transport; it would reduce the risk of people being drawn into terrorism, by enhancing the programmes that combat the underlying ideology which supports terrorism through improved engagement from partner organisations and consistency of delivery; it would amend existing terrorism legislation to clarify the law in relation to both insurance payments made in response to terrorist demands and the power to examine goods under the Terrorism Act 2000.

Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.