Moved by
Lord Ahmad of Wimbledon
33: Clause 11, page 10, line 33, leave out “authorise” and insert “grant a power for”
34: Clause 11, page 10, line 35, at end insert—
“( ) The regulations must contain provision which prohibits the exercise of that power except where conditions A to C are met.
( ) Condition A is that the description of persons specified is such that a reasonable person would know whether that person fell within it.
( ) Condition B is that, at the time the description is specified, it is not practicable for the Minister to identify and designate by name all the persons falling within that description at that time.”
35: Clause 11, page 10, line 36, leave out from beginning to “the” in line 37 and insert “Condition C is that”
36: Clause 11, page 11, line 1, leave out paragraph (b) and insert—
“(b) considers that the designation of persons of the specified description is appropriate, having regard to—
(i) the purpose of the regulations as stated under section 1 (3), and
(ii) the likely significant effects of the designation (as they appear to the Minister to be on the basis of the information that the Minister has) on persons of that description.”
37: Clause 11, page 11, line 5, at end insert—
“(3A) The regulations must, in relation to any case where the Minister provides that persons of a specified description are designated persons, require the information given under the provision made under section 9(3) to include a statement of reasons.
(3B) In subsection (3A) a “statement of reasons” means a brief statement of the matters that the Minister knows, or has reasonable grounds to suspect, in relation to persons of the specified description which have led the Minister to make the provision designating persons of that description.
(3C) The regulations may authorise matters to be excluded from that statement where the Minister considers that they should be excluded—
(a) in the interests of national security or international relations,
(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
(c) in the interests of justice
(but the regulations may not authorise the Minister to provide no statement of reasons).”