House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 February 2013
78

Justice and Security Bill [Lords] continued

Diana Johnson

81

Clause  14,  page  11,  line  18,  leave out paragraph (d).

James Brokenshire

49

Schedule  2,  page  17,  line  30,   at end insert—

‘Data Protection Act 1998 (c. 29)

1A
In section 63A of the Data Protection Act 1998 (application to Parliament)—

(a)
in subsection (2), after “Commons,” insert “other than where they are

determined by or on behalf of the Intelligence and Security Committee

of Parliament,”, and

(b)
in subsection (3), after “Lords,” insert “other than where they are

determined by or on behalf of the Intelligence and Security Committee

of Parliament,”.’.

James Brokenshire

50

Schedule  2,  page  18,  line  4,   at end insert—

‘Freedom of Information Act 2000 (c. 36)

3A  (1)
The Freedom of Information Act 2000 is amended as follows.

      (2)
In section 23 (information supplied by, or relating to, bodies dealing with

security matters), in subsection (3), at the end insert—

“(o)
the Intelligence and Security Committee of Parliament.”

      (3)
In Part 1 of Schedule 1 (Public Authorities; General)—

(a)
in paragraph 2, after paragraph (d) insert—

“(e)
information held by the Intelligence and Security

Committee of Parliament.”;

(b)
in paragraph 3, after paragraph (d) insert—

“(e)
information held by the Intelligence and Security

Committee of Parliament.”’.

James Brokenshire

51

Schedule  3,  page  21,  line  22,  after ‘Committee’, insert ‘of Parliament’.

Public Bill Committee: 5 February 2013
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Justice and Security Bill [Lords] continued

James Brokenshire

34

Clause  17,  page  14,  line  1,  leave out subsection (8).

New Clauses

Review and revocation of declaration under section 6

James Brokenshire

NC5

To move the following Clause:—

‘(1)
This section applies where a court seised of relevant civil proceedings has made

a declaration under section 6.

(2)
The court must keep the declaration under review, and may at any time revoke it

if it considers that the declaration is no longer in the interests of the fair and

effective administration of justice in the proceedings.

(3)
The court must undertake a formal review of the declaration once the pre-trial

disclosure exercise in the proceedings has been completed, and must revoke it if

it considers that the declaration is no longer in the interests of the fair and

effective administration of justice in the proceedings.

(4)
The court may revoke a declaration under subsection (2) or (3)—

(a)
on the application of—

(i)
the Secretary of State (whether or not the Secretary of State is a

party to the proceedings), or

(ii)
any party to the proceedings, or

(b)
of its own motion.

(5)
In deciding for the purposes of subsection (2) or (3) whether a declaration

continues to be in the interests of the fair and effective administration of justice

in the proceedings, the court must consider all of the material that has been put

before it in the course of the proceedings (and not just the material on which the

decision to make the declaration was based).

(6)
Rules of court must make provision—

(a)
as to how a formal review is to be conducted under subsection (3);

(b)
as to when the pre-trial disclosure exercise is to be considered to have

been completed for the purposes of subsection (3).’.

Reporting and review

Dr Julian Huppert

Mike Crockart

NC1

To move the following Clause:—

‘(1)
As soon as reasonably practicable after the end of every three-month period the

Secretary of State must—

Public Bill Committee: 5 February 2013
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Justice and Security Bill [Lords] continued

(a)
prepare a report about his exercise of the powers conferred on him under

this Part of this Act during that period; and

(b)
lay a copy of that Report before Parliament.

(2)
The person appointed by the Secretary of State to review the operation of the

provisions of the Terrorism Act 2000 and Part 1 of the Terrorism Act 2006 must

also carry out an annual review of the operation of the provisions of this Part of

this Act.’.

Annual renewal

Dr Julian Huppert

Mike Crockart

NC2

To move the following Clause:—

‘(1)
The Secretary of State’s powers under Part 2 of this Act expire at the end of the

period of one year beginning with the day on which this Act is passed.

(2)
The Secretary of State may, by order made by statutory instrument, provide that

the Secretary of State’s powers under Part 2 of this Act are not to expire at the

time when they would otherwise expire under subsection (1) or in accordance

with an order under this subsection but are to continue in force after that time for

a period not exceeding one year.

(3)
An order under this section may not be made unless a draft of it has been laid

before Parliament and approved by a resolution of each House.’.

Criminal, civil and disciplinary proceedings and tribunals: disclosure of information held

by the ISC

Dr Julian Lewis

NC3

To move the following Clause:—

‘Information held by the ISC in connection with the discharge of its functions

under sections 1 to 4 and Schedule 1 may not be disclosed in any criminal, civil

or disciplinary proceedings or tribunal.’.

Public Bill Committee: 5 February 2013
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Publication or disclosure of information by the ISC

Dr Julian Lewis

NC4

To move the following Clause:—

‘The ISC may not disclose or publish information if such a disclosure or

publication by a person subject to the Official Secrets Act 1989 would be

considered an offence for that person under that Act.’.

Access to special advocates: public interest immunity

Mr Andy Slaughter

NC6

To move the following Clause:—

‘In any proceedings where a relevant person or the Secretary of State successfully

claims public interest immunity over any material on the grounds that its

disclosure would damage the interests of national security—

(a)
any other party shall be entitled upon application to the court to have a

special advocate appointed to inspect such material; and

(b)
the special advocate shall be entitled to advise that party whether it would

be in that party’s interests to apply for a declaration under this section.’.

Open statements for closed judgements

Mr Andy Slaughter

NC7

To move the following Clause:—

‘Closed judgements must be accompanied by an open statement from the court,

which shall include—

(a)
the reasons for the closed material procedure;

(b)
any factors which would be particularly relevant in determining whether

all or part of the closed judgement could be made open at a later date;

(c)
the duration of open hearings and closed hearings;

(d)
the number of witnesses heard in closed proceedings, and the nature of

those witnesses;

(e)
the length of a closed judgement;

(f)
whether national security was an issue in the proceedings; and

(g)
the date at which the closed status of the judgement should be reviewed,

which must be no later than five years from the date of the judgement.’.

Public Bill Committee: 5 February 2013
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Justice and Security Bill [Lords] continued

Recording of data relating to closed proceedings

Mr Andy Slaughter

NC8

To move the following Clause:—

‘Rules of court relating to closed material proceedings under this Act, and

applications for them, must make provision—

(a)
ensuring that key data is centrally recorded for all proceedings, including:

(i)
the duration of open and closed proceedings,

(ii)
the number of witnesses heard in closed proceedings and the

nature of those witnesses,

(iii)
the length of a closed judgement,

(iv)
whether the claimant, defendant and/or intervener applied for

closed material proceedings, and

(v)
whether the claimant, defendant and/or intervener contested the

application for closed proceedings.

(b)
ensuring that centrally recorded data is available to the independent

person appointed by the Secretary of State to review the operation of the

provisions of the Terrorism Act 2000 and Part 1 of the Terrorism Act

2006, and

(c)
ensuring that centrally recorded data is subject to the provisions of the

Freedom of Information Act 2000.’.

Disclosure judge

Mr Andy Slaughter

NC9

To move the following Clause:—

‘(1)
The jurisdiction of the court in section 6 proceedings shall be exercised by a judge

designated by the Lord Chief Justice for such purposes.

(2)
A judge so designated shall be referred to as the “disclosure judge”.

(3)
The disclosure judge shall not be the trial judge of the relevant civil proceedings.’.

Further provision about section 6 proceedings

Mr Andy Slaughter

NC10

To move the following Clause:—

The judge at trial of the relevant civil proceedings may not take into account in

determining the issues between the parties any material placed before him in

Public Bill Committee: 5 February 2013
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section 6 proceedings which would not be relevant and admissible evidence in an

open hearing.’.

Expiry and renewal

Mr Andy Slaughter

NC11

To move the following Clause:—

‘(1)
The Secretary of State’s powers under sections 6 to 11 of this Act expire at the

end of the period of one year beginning with the day on which this Act is passed.

(2)
The Secretary of State may, by order made by statutory instrument, provide that

the Secretary of State’s powers under part 2 of this Act are not to expire at the

time when they would otherwise expire under subsection (1) or in accordance

with an order under this subsection but are to continue in force after that time for

a period not exceeding one year.

(3)
An order under this section may not be made unless a draft of it has been laid

before Parliament and approved by a resolution of each House.’.

Reporting and review

Mr Andy Slaughter

NC12

To move the following Clause:—

‘(1)
As soon as reasonably practicable after the end of every three month period the

Secretary of State must—

(a)
prepare a report about his exercise of the powers conferred on him, and

the exercise of the powers and rights conferred on others, under clauses

6 to 11 of this Act during that period; and

(b)
lay a copy of that report before Parliament.

(2)
The person appointed by the Secretary of State to review the operation of the

provision of the Terrorism Act 2000 and part 1 of the Terrorism Act 2006 must

also carry out an annual review of the operation of the provisions of this part of

this Act.’.

Order of the House [18 DecEMBER 2012]

That the following provisions shall apply to the Justice and Security Bill [Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Public Bill Committee: 5 February 2013
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Justice and Security Bill [Lords] continued

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 14 February 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration and Third Reading shall be taken in two days

in accordance with the following provisions of this Order.

5.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

second day.

6.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on the second day.

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

8.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Order of the Committee [29 January 2013]

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 29

January) meet—

(a)
at 2.00 pm on Tuesday 29 January;

(b)
at 11.30 am and 2.00 pm on Thursday 31 January;

(c)
at 8.55 am and 2.00 pm on Tuesday 5 February;

(d)
at 11.30 am and 2.00 pm on Thursday 7 February;

(e)
at 8.55 am and 2.00 pm on Tuesday 12 February; and

(f)
at 11.30 am and 2.00 pm on Thursday 14 February;

(2)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clauses 2 to 16; Schedules 2 and 3;

Clause 17; new Clauses; new Schedules; remaining proceedings on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 14 February.



© Parliamentary copyright	Revised 5 February 2013