Terrorism Prevention and Investigation Measures Bill

My Lords, I shall speak also to Amendments 55, 56, 59 and 63. I would add to that list if it gave noble Lords the opportunity to leave the Chamber before I get to the substantive part of my amendments. All of these amendments take us to the clauses in the Bill dealing with what are called enhanced terrorism prevention and investigation measures—that is, measures which the Secretary of State can introduce during a period between Parliaments when she, "““is satisfied, on the balance of probabilities””," that individuals, "““have been, involved in terrorism-related activity””." My amendments are particularly directed to the extent of those powers. Clause 26(9) provides: "““A temporary enhanced TPIM order may make appropriate provision (including appropriate variations from the provision contained in the relevant provisions of this Act) in consequence of, or in connection with, the creation … of the enhanced TPIM power””." As my noble friend the Minister is aware, my Amendment 54 is particularly directed to understanding what is meant by ““appropriate provision””. What are the limits of appropriate provision in this context? Does it mean anything in this legislation? That does not seem logical to me because it is there anyway. Does it mean simply up to the boundaries of what is acceptable under the Human Rights Act? What does it mean? I appreciate that as well as the enhanced measure there is an enhanced standard of proof, ““the balance of probabilities””, for introducing these provisions. I would have read this as a provision on how the measures would be applied—measures including residence, geographical area, association and communication—but the reference to variation from provisions, "““contained in the relevant provisions of this Act””," makes me doubt that that can be the correct reading, so what is ““appropriate provision”” in this context? On quite similar lines, Amendment 56 would amend Clause 26(11), which provides that, "““a temporary enhanced TPIM order includes … provision amending any enactment””." That seems a very considerable power and I hope that the Minister can help your Lordships to understand what the Government have in mind. It is hard to think which measures are not in the Bill, apart from imprisonment in a conventional prison without trial or deportation which, while we are past the days of Botany Bay and cannot deport UK citizens, was something else that came to mind. I am pretty stuck as to what that subsection means. Amendment 55 is not very elegant. It would, no doubt, have been easier if I had added some commas to it. However, it concerns what is elsewhere in the Bill relating, "““to standard TPIMs notices … orders””," which are, "““the subject of standard TPIMs notices””," and ““measures””, which is the defined term meaning the measures that can be taken under a standard TPIMs notice. I want to be sure that the various procedures which apply to all of those apply to enhanced TPIMs. I think that is the case but I would like to have assurance on that. Amendment 63, to which Amendment 59 is consequential, is about commencement and is of course a probing amendment. I am not suggesting postponing the arrangement—at any rate, not at this stage of the Bill—but asking the Minister whether he can give further information to the Committee about the timetable for dealing with the draft legislation for the separate enhanced TPIMs Bill. I know that he said at our last sitting that we will come to pre-legislative scrutiny of that in due course, essentially, although I do not recall which phrase he used. It would be more satisfactory to know what timetable we are working to, so that we all have a context for this Bill. I beg to move.