Draft Enhanced Terrorism Prevention and Investigation Measures Bill

The Government published the Draft Enhanced Terrorism Prevention and Investigation Measures Bill (Cm 8166) on 1 September 2011.

The Bill was foreshadowed by the Government’s Counter-Terrorism Review. The review, which was published in January 2011, had indicated that the Government would repeal the control order regime, established by the Prevention of Terrorism Act 2005, and replace it with a series of Terrorism Prevention and Investigation Measures (TPIMs). The TPIMs Bill was introduced on 23 May 2011 and had its Second Reading on 7 June. The Counter-Terrorism Review stated that although control orders should be repealed and replaced with less intrusive measures, there could be “exceptional circumstances” where it would be necessary for the Government to seek Parliamentary approval for additional restrictive measures. Following pressure from the Parliamentary Joint Committee on Human Rights, the Government committed to publish draft emergency legislation.

The Draft Bill would provide 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. The enhanced measures would include relocation provisions, curfews and a total ban on suspects using communication devices. The Explanatory Notes to the Draft Bill suggest that legislation would only be introduced “in the event of a very serious terrorist risk that cannot be managed by any other means.”

In addition to publishing the Draft Bill, the Government has also sought to introduce a new Clause into the TPIMs Bill (NC 5) to allow enhanced measures to be imposed on a temporary basis where Parliament has been dissolved.