Background and Summary
3.The main purpose of the Act is to extend the life of Part 7 of the Terrorism Act 2000 (c.11) ("2000 Act"). The 2000 Act reformed and extended previous counter-terrorism legislation. It placed counter-terrorism laws on a permanent footing in the UK in line with the recommendations made by Lord Lloyd of Berwick's Inquiry into legislation against terrorism (Cmnd.3420,1996) and the proposals in the Home Office consultation document Legislation against Terrorism (Cmnd.4178,1998). It was intended to combat all forms of terrorism, not just terrorism connected with the affairs of Northern Ireland. It provides a range of measures designed to prevent terrorism and support the investigation of terrorist crime and extends UK wide.
4.Part 7 of the 2000 Act contains provisions which extend only to Northern Ireland. There has been provision of special counter terrorism powers in Northern Ireland for over thirty years. These provisions are a direct response to the security situation that exists in that part of the UK. Under the Belfast ('Good Friday') Agreement (Cmnd.3883,1998) the Government made a commitment to make a return to normal security arrangements in Northern Ireland as early as possible, consistent with the level of terrorist threat. Therefore, unlike the rest of the 2000 Act which is permanent, the Part 7 provisions are temporary in nature and have been subject to annual renewal by order subject to the affirmative resolution procedure. Part 7 is also time-limited and in the absence of further primary legislation would have expired at the end of 18th February 2006. The Part 7 provisions are summarised in paragraphs 9 to 15 below.
5.In the Joint Declaration by the British and Irish Governments in April 2003 the Government set out that in the context of the definitive transition to exclusively peaceful and democratic means, and recognising the changed environment brought about by the new policing arrangements and structures, security normalisation in Northern Ireland would be implemented over a defined timeframe. A copy of the Joint Declaration has been placed in the library of both Houses. In Annex 1 to the Joint Declaration the Government set out a two year programme of normalisation that would be implemented in the context of an enabling environment. This programme includes a phased reduction in troop levels based in Northern Ireland, the removal of army observation posts and bases and the de-fortification of police stations. The programme also envisaged that the counter terrorism legislation particular to Northern Ireland would be repealed by the end of the two year period.
6.The IRA statement of 28th July 2005 stated that its leadership had formally ordered an end to its armed campaign. A copy of this has been placed in the library of both Houses. The Government responded to this statement by updating and triggering Annex 1 to the Joint Declaration on 1st August 2005. Under the Annex the Government is committed to the repeal of the Part 7 provisions by 31st July 2007 provided the enabling environment is established and maintained. At the time the Bill which resulted in this Act was introduced into Parliament, the Government assessed the security situation and determined that the Part 7 provisions remain necessary until the end of the normalisation programme. This Act therefore makes provision for those Part 7 provisions currently in force (excluding section 78) to remain in force until 31st July 2007.
7.The Government also took the view that it would be prudent to make legislative provision in case the security situation does not improve sufficiently to allow for the Part 7 provisions to cease to have effect in July 2007. The Act therefore makes provision to enable the Secretary of State to extend the provisions of Part 7 by order for a specified period ending before 1st August 2008.
8.The Act additionally makes provision to:
	Add the offences created by the Prevention of Terrorism Act 2005 (c.2) ("2005 Act") to the list of scheduled offences under Part 7 of the 2000 Act;
	Ensure that all scheduled offences are subject to the Attorney General's discretionary power to deschedule an offence;
	Repeal those provisions of Part 7 which are not currently in force together with section 78 of the 2000 Act (which relates to the sentencing of children convicted of a scheduled offence);
	Retain in force section 11 of, and Schedule 2 to, the Justice (Northern Ireland) Act 2004 (c.4) ("2004 Act") until 31st July 2007. These provisions ensure that breaches of bail in scheduled cases are dealt with in a similar way to non-scheduled cases; and
	Allow the Secretary of State to make, by order, the transitional and consequential provision necessary on the Part 7 provisions ceasing to have effect.