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| For other Amendment(s) see the following page(s):
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| Justice and Security Bill [Lords] Committee 1-2, 3 and 5-8 |
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| Justice and Security Bill [Lords] |
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| | Criminal, civil and disciplinary proceedings and tribunals: disclosure of information |
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| To move the following Clause:— |
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| | ‘Information held by the ISC in connection with the discharge of its functions |
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| | under sections 1 to 4 and Schedule 1 may not be disclosed in any criminal, civil |
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| | or disciplinary proceedings or tribunal.’. |
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| Schedule 1, page 16, line 34, at end insert ‘except that the ISC may have access to |
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| information that is sub judice or that relates to papers of a previous administration.’. |
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| | Publication or disclosure of information by the ISC |
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| To move the following Clause:— |
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| | ‘The ISC may not disclose or publish information if such a disclosure or |
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| | publication by a person subject to the Official Secrets Act 1989 would be |
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| | considered an offence for that person under that Act.’. |
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| Clause 1, page 2, line 1, after ‘members’, insert ‘and the Chair shall be |
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| remunerated in line with the arrangements for Chairs of Departmental Select Committees |
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| of the House of Commons.’. |
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| Clause 1, page 2, line 1, at end insert— |
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| | ‘(6A) | The ISC shall be supported by a body to be known as the ISC Secretariat about |
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| | which a memorandum of understanding under section (2) may make further |
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| Clause 2, page 2, line 13, leave out from ‘as’ to end of line 19 and insert ‘— |
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| | (a) | the ISC and the Prime Minister are satisfied that the matter— |
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| | (i) | is not part of any ongoing intelligence or security operation, and |
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| | (ii) | is of significant national interest, |
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5 | | (b) | the Prime Minister has asked the ISC to consider the matter, or |
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| | (c) | the ISC’s consideration of the matter is limited to the consideration of |
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| | information provided voluntarily to the ISC by— |
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| | (i) | the Security Service, |
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| | (ii) | the Secret Intelligence Service, |
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10 | | (iii) | the Government Communications Headquarters, or |
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| | (iv) | a government department. |
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| | (3A) | The ISC’s consideration of a particular operational matter under subsection (3)(a) |
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| | or (b) must, in the opinion of the ISC and the Prime Minister, be consistent with |
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| | any principles set out in, or other provision made by, a memorandum of |
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15 | | |
| | As an Amendment to James Brokenshire’s proposed Amendment (No. 32):— |
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| Line 7, leave out voluntarily’. |
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| Clause 2, page 2, line 22, leave out ‘(3)’ and insert ‘(3A)’. |
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| Clause 17, page 14, line 1, leave out subsection (8). |
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| Schedule 1, page 15, line 31, leave out ‘(5)’ and insert ‘(6)’. |
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| Schedule 1, page 16, line 3, at end insert— |
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| | ‘(6) | Any oath taken by a witness before the ISC may be administered by the Chair |
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| | of the ISC (or, in the Chair’s absence, by a person appointed under sub- |
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| Schedule 1, page 16, line 5, at beginning insert— |
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| | ‘() | This paragraph applies to information requested by the ISC in the exercise of |
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| | (a) | does not relate to any particular operational matter, or |
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| | (b) | relates to a particular operational matter that the ISC is considering |
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| | under section 2(3)(a) or (b).’ |
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| Schedule 1, page 16, line 7, leave out from ‘ISC’ to first ‘information’ in line 8 and |
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| insert ‘to disclose the’. |
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| Schedule 1, page 16, line 15, leave out ‘in the exercise of its functions’. |
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| Schedule 1, page 16, line 16, after ‘disclose’ insert ‘the’. |
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| Schedule 1, page 16, line 24, leave out ‘A Minister of the Crown’ and insert ‘The |
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| Schedule 1, page 16, line 25, leave out ‘Minister’ and insert ‘Secretary of State’. |
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| Schedule 1, page 16, line 31, leave out ‘Minister’ and insert ‘Secretary of State’. |
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| Schedule 1, page 16, line 33, leave out ‘Minister’ and insert ‘Secretary of State’. |
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| Schedule 1, page 16, line 36, leave out ‘Minister’ and insert ‘Secretary of State’. |
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| Schedule 1, page 17, line 20, at end insert— |
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| | ‘Publication of information received in private |
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| | (1) | This paragraph applies to information received by the ISC in private in |
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| | connection with the exercise of its functions. |
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| | (a) | may only publish the information by way of a report under section 3, |
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| | (b) | must not disclose the information to any person if the ISC considers |
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| | that there is a risk that the person will publish it. |
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| | (3) | The restrictions on publication and disclosure of information in sub-paragraph |
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| | (a) | publication or disclosure is necessary for the ISC to comply with any |
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| | enactment or rule of law, or |
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| | (b) | the information has on an earlier occasion been disclosed to the public, |
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| | in circumstances which do not contravene— |
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| | (i) | sub-paragraph (2), or |
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| | (ii) | any other enactment or rule of law prohibiting or restricting |
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| | the disclosure of information.’. |
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| Schedule 1, page 17, line 20, at end insert— |
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| | ‘Protection for witnesses |
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| | | Evidence given by a person who is a witness before the ISC may not be used |
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| | against the person in any criminal, civil or disciplinary proceedings, unless the |
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| | evidence was given in bad faith.’. |
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| Schedule 2, page 17, line 30, at end insert— |
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| | ‘Data Protection Act 1998 (c. 29) |
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| | | In section 63A of the Data Protection Act 1998 (application to Parliament)— |
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| | (a) | in subsection (2), after “Commons,” insert “other than where they are |
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| | determined by or on behalf of the Intelligence and Security Committee |
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| | (b) | in subsection (3), after “Lords,” insert “other than where they are |
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| | determined by or on behalf of the Intelligence and Security Committee |
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| Schedule 2, page 18, line 4, at end insert— |
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| | ‘Freedom of Information Act 2000 (c. 36) |
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| | (1) | The Freedom of Information Act 2000 is amended as follows. |
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| | (2) | In section 23 (information supplied by, or relating to, bodies dealing with |
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| | security matters), in subsection (3), at the end insert— |
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| | “(o) | the Intelligence and Security Committee of Parliament.” |
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| | (3) | In Part 1 of Schedule 1 (Public Authorities; General)— |
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| | (a) | in paragraph 2, after paragraph (d) insert— |
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| | “(e) | information held by the Intelligence and Security |
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| | Committee of Parliament.”; |
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| | (b) | in paragraph 3, after paragraph (d) insert— |
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