House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

9

House of Commons

Notices of Amendments

given on

Thursday 24 January 2013

For other Amendment(s) see the following page(s):

Justice and Security Bill [Lords] Committee 1-2, 3 and 5-8

Public Bill Committee

Justice and Security Bill [Lords]

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

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.’.

Dr Julian Lewis

28

Schedule  1,  page  16,  line  34,  at end insert ‘except that the ISC may have access to

information that is sub judice or that relates to papers of a previous administration.’.

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.’.

Dr Julian Lewis

29

Clause  1,  page  2,  line  1,  after ‘members’, insert ‘and the Chair shall be

remunerated in line with the arrangements for Chairs of Departmental Select Committees

of the House of Commons.’.

Notices of Amendments: 24 January 2013
10

Justice and Security Bill [Lords] continued

Dr Julian Lewis

30

Clause  1,  page  2,  line  1,  at end insert—

‘(6A)
The ISC shall be supported by a body to be known as the ISC Secretariat about

which a memorandum of understanding under section (2) may make further

provision.’.

James Brokenshire

32

Clause  2,  page  2,  line  13,  leave out from ‘as’ to end of line 19 and insert ‘—

(a)
the ISC and the Prime Minister are satisfied that the matter—

(i)
is not part of any ongoing intelligence or security operation, and

(ii)
is of significant national interest,
5
(b)
the Prime Minister has asked the ISC to consider the matter, or

(c)
the ISC’s consideration of the matter is limited to the consideration of

information provided voluntarily to the ISC by—

(i)
the Security Service,

(ii)
the Secret Intelligence Service,
10
(iii)
the Government Communications Headquarters, or

(iv)
a government department.

(3A)
The ISC’s consideration of a particular operational matter under subsection (3)(a)

or (b) must, in the opinion of the ISC and the Prime Minister, be consistent with

any principles set out in, or other provision made by, a memorandum of
15
understanding.’.

As an Amendment to James Brokenshire’s proposed Amendment (No. 32):—

Dr Julian Lewis

(a)

Line  7,  leave out voluntarily’.

James Brokenshire

33

Clause  2,  page  2,  line  22,  leave out ‘(3)’ and insert ‘(3A)’.

James Brokenshire

34

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

James Brokenshire

35

Schedule  1,  page  15,  line  31,  leave out ‘(5)’ and insert ‘(6)’.

James Brokenshire

36

Schedule  1,  page  16,  line  3,  at end insert—

    ‘(6)
Any oath taken by a witness before the ISC may be administered by the Chair

of the ISC (or, in the Chair’s absence, by a person appointed under sub-

paragraph (3)).’.

Notices of Amendments: 24 January 2013
11

Justice and Security Bill [Lords] continued

James Brokenshire

37

Schedule  1,  page  16,  line  5,  at beginning insert—

      ‘()
This paragraph applies to information requested by the ISC in the exercise of

its functions that—

(a)
does not relate to any particular operational matter, or

(b)
relates to a particular operational matter that the ISC is considering

under section 2(3)(a) or (b).’

James Brokenshire

38

Schedule  1,  page  16,  line  7,  leave out from ‘ISC’ to first ‘information’ in line 8 and

insert ‘to disclose the’.

James Brokenshire

39

Schedule  1,  page  16,  line  15,  leave out ‘in the exercise of its functions’.

James Brokenshire

40

Schedule  1,  page  16,  line  16,  after ‘disclose’ insert ‘the’.

James Brokenshire

42

Schedule  1,  page  16,  line  24,  leave out ‘A Minister of the Crown’ and insert ‘The

Secretary of State’.

James Brokenshire

43

Schedule  1,  page  16,  line  25,  leave out ‘Minister’ and insert ‘Secretary of State’.

James Brokenshire

44

Schedule  1,  page  16,  line  31,  leave out ‘Minister’ and insert ‘Secretary of State’.

James Brokenshire

45

Schedule  1,  page  16,  line  33,  leave out ‘Minister’ and insert ‘Secretary of State’.

James Brokenshire

46

Schedule  1,  page  16,  line  36,  leave out ‘Minister’ and insert ‘Secretary of State’.

James Brokenshire

47

Schedule  1,  page  17,  line  20,  at end insert—

‘Publication of information received in private

    (1)
This paragraph applies to information received by the ISC in private in

connection with the exercise of its functions.

      (2)
The ISC—

Notices of Amendments: 24 January 2013
12

Justice and Security Bill [Lords] continued

(a)
may only publish the information by way of a report under section 3,

and

(b)
must not disclose the information to any person if the ISC considers

that there is a risk that the person will publish it.

      (3)
The restrictions on publication and disclosure of information in sub-paragraph

(2) do not apply if—

(a)
publication or disclosure is necessary for the ISC to comply with any

enactment or rule of law, or

(b)
the information has on an earlier occasion been disclosed to the public,

in circumstances which do not contravene—

(i)
sub-paragraph (2), or

(ii)
any other enactment or rule of law prohibiting or restricting

the disclosure of information.’.

James Brokenshire

48

Schedule  1,  page  17,  line  20,  at end insert—

‘Protection for witnesses


Evidence given by a person who is a witness before the ISC may not be used

against the person in any criminal, civil or disciplinary proceedings, unless the

evidence was given in bad faith.’.

James Brokenshire

49

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

‘Data Protection Act 1998 (c. 29)


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)

    (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—

Notices of Amendments: 24 January 2013
13

Justice and Security Bill [Lords] continued

“(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’.

NOTICES WITHDRAWN

The following Notices were withdrawn on 24 January 2013:

Amendment 16.



© Parliamentary copyright	Revised 25 January 2013