EXPLANATORY MEMORANDUM TO THE TERRORISM ACT 2000 (CONTINUANCE OF PART VII) ORDER 2005 2005 No. [XXXX] 1. This explanatory memorandum has been prepared by the Northern Ireland Office and is laid before Parliament by Command of Her Majesty. This memorandum contains information for the Joint Committee on Statutory Instruments. 2. Description 2.1 This instrument renews for a further twelve months, from19th February 2005, most of the provisions contained in Part VII of the Terrorism Act 2000 which are in force on 18th February 2005. Section 67(3), 67(4), 70 and 71 are not to be renewed and will cease to have effect on 19th February 2005. 3. Matters of special interest to the Joint Committee on Statutory Instruments 3.1 None 4. Legislative Background 4.1 Part VII of the Terrorism Act 2000 contains the powers required to manage the specific security situation in Northern Ireland. By virtue of Section 112(4) of the Terrorism 2000 the provisions of Part VII are temporary and will cease to have effect in February 2006. The Part VII provisions are subject to annual renewal and parliamentary scrutiny. (Section 112(2)). 5. Extent 5.1 This instrument applies to Northern Ireland. 6. European Convention on Human Rights The Parliamentary Under Secretary of State at the Northern Ireland Office, Ian Pearson, has made the following statement regarding Human Rights: In my view the provisions of the Terrorism Act 2000 (Continuance of Part VII) Order 2005 are compatible with the Convention rights. 7. Policy background 7.1 The decision whether to renew Part VII provisions is taken each year in the light of the security situation in Northern Ireland and the consequent requirements of the security forces there. This year the government has decided to renew most of the Part VII provisions which are currently in force. 7.2 The lapse of Section 67(3), which provides a judge with a discretion to grant bail in scheduled cases unless certain circumstances exist, was recommended by Lord Carlile of Berriew QC, the Independent Reviewer of the Terrorism Act 2000, in paragraph 3.17 of his report into the operation of Part VII in 2004.Section 67(4) sets out the matters to which a judge shall have regard when exercising his discretion under section 67(3). The lapse of section 67(4) is consequential upon the lapse of section 67(3). 7.3 In 2004 the Northern Ireland Office conducted a short technical consultation exercise with interested groups. This exercise confirmed that the effect of letting section 67(3) lapse would be negligible. 7.4 Section 70 and 71 of the Act will also cease to have effect. These sections provide for the Secretary of State to make directions for a young person charged with a scheduled offence to be held in a prison or other place, as he may direct, while on remand. Developments in the youth justice system have rendered these sections obsolete. The Young Offenders Centre and Juvenile Justice Centre offer the security these provisions were designed to provide. 8. Impact 8.1 A Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or voluntary bodies 9. Contact Caroline Mersey at the Northern Ireland Office Tel: 02890527954 or e-mail: Caroline.Mersey@nio.x.gsi.gov.uk can answer any queries regarding the instrument.