House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

47

House of Commons

Notices of Amendments

given on

Tuesday 29 January 2013

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

Justice and Security Bill [Lords] Committee 30-45

Public Bill Committee

Justice and Security Bill [Lords]

James Brokenshire

55

Clause  6,  page  4,  line  21,  leave out subsections (2) to (6) and insert—

‘(1B)
The court may make such a declaration if it considers that the following two

conditions are met.

(1C)
The first condition, in a case where the court is considering whether to make a
5
declaration on the application of the Secretary of State or of its own motion, is

that—

(a)
a party to the proceedings (whether or not the Secretary of State) would

be required to disclose sensitive material in the course of the proceedings

to another person (whether or not another party to the proceedings), or
10
(b)
a party to the proceedings (whether or not the Secretary of State) would

be required to make such a disclosure were it not for one or more of the

following—

(i)
the possibility of a claim for public interest immunity in relation

to the material,
15
(ii)
the fact that there would be no requirement to disclose if the

person concerned chose not to rely on the material,

(iii)
section 17(1) of the Regulation of Investigatory Powers Act

2000 (exclusion for intercept material),

(iv)
any other enactment that would prevent the party from disclosing
20
the material but would not do so if the proceedings were

proceedings in relation to which there was a declaration under

this section.

(1D)
The first condition, in a case where the court is considering whether to make a

declaration on the application of a party to the proceedings (other than the
25
Secretary of State), is that—

(a)
the applicant would be required to disclose sensitive material in the

course of the proceedings to another person (whether or not another party

to the proceedings), or

Notices of Amendments: 29 January 2013
48

Justice and Security Bill-[Lords], continued

(b)
the applicant would be required to make such a disclosure were it not for
30
one or more of the following—

(i)
the possibility of a claim for public interest immunity in relation

to the material,

(ii)
the fact that there would be no requirement to disclose if the

applicant chose not to rely on the material,
35
(iii)
section 17(1) of the Regulation of Investigatory Powers Act

2000 (exclusion for intercept material),

(iv)
any other enactment that would prevent the applicant from

disclosing the material but would not do so if the proceedings

were proceedings in relation to which there was a declaration
40
under this section.

(1E)
The second condition is that it is in the interests of the fair and effective

administration of justice in the proceedings to make a declaration.

(1F)
The two conditions are met if the court considers that they are met in relation to

any material that would be required to be disclosed in the course of the
45
proceedings (and an application under subsection (1A)(a) need not be based on

all of the material that might meet the conditions).

(1G)
A declaration under this section must identify the party or parties to the

proceedings who would be required to disclose the sensitive material (“a relevant

person”).’.

As Amendments to James Brokenshire’s proposed Amendment (No. 55):—

Mr Andy Slaughter

(d)

Line  2,  leave out ‘two conditions are’ and insert ‘condition is’.

Mr Andy Slaughter

(e)

Line  4,  leave out ‘first’.

Mr Andy Slaughter

(f)

Line  5,  after ‘State’, insert ‘or a party’.

Mr Andy Slaughter

(g)

Line  9,  leave out ‘or’.

Mr Andy Slaughter

(h)

Line  9,  after ‘proceedings)’, insert—

‘( )
such a disclosure would be damaging to the interests of national security,

( )
the degree of harm to the interests of national security if the material is

disclosed would be likely to outweigh the public interest in the fair and

open administration of justice, and

( )
a fair determination of the proceedings is not possible by any other

means.’.

Notices of Amendments: 29 January 2013
49

Justice and Security Bill-[Lords], continued

Mr Andy Slaughter

(i)

Line  10,  leave out from beginning to end of line 16 and insert ‘In deciding

whether a party to the proceedings would be required to disclose material, the

court must ignore—’.

Mr Andy Slaughter

(j)

Line  24,  leave out subsections (1D) to (1F).

Mr Andy Slaughter

(k)

Line  47,  before subsection (1G) insert—

‘( )
Before making an application under subsection (1), the Secretary of State must

consider whether to make, or advise another person to make, a claim for public

interest immunity in relation to the material on which the application would be

based.

( )
Before making a declaration under subsection (1), the court must consider

whether a claim for public interest immunity could have been made in relation to

the material.’.



© Parliamentary copyright	Revised 30 January 2013