House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

27

House of Commons

Tuesday 29 January 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Justice and Security Bill [Lords]

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 28 January (Standing Order

No. 83C):

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.

James Brokenshire has given notice of his intention to move a motion in the terms of

the Resolution of the Programming Sub-Committee (Standing Order No. 83C).

James Brokenshire

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Public Bill Committee: 29 January 2013
28

Justice and Security Bill-[Lords], continued

James Brokenshire

Diana Johnson

4

Clause  1,  page  1,  line  5,  after ‘Committee’, insert ‘of Parliament’.

Diana Johnson

5

Clause  1,  page  1,  line  6,  at end insert—

‘(1A)
Article 9 of the Bill of Rights shall apply to the proceedings of the ISC as if they

were proceedings in Parliament.’.

Diana Johnson

6

Clause  1,  page  1,  line  9,  at end insert—

‘(2A)
A majority of the ISC’s members shall be drawn from the members of the House

of Commons.’.

Diana Johnson

7

Clause  1,  page  1,  line  16,  at end insert—

‘(5A)
The Prime Minister must ensure that no more than six members of the ISC are

members of parties participating in Her Majesty’s Government.’.

Diana Johnson

8

Clause  1,  page  2,  line  1,  after first ‘ISC’, insert ‘who is in opposition to Her

Majesty’s Government’.

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.’.

Diana Johnson

13

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

‘(6A)
Financial support shall be available to members of the ISC who are members of

the House of Commons as if they were members of a Select Committee of that

House; and to those who are members of the House of Lords as if they were

members of a Select Committee of that House.’.

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.’.

Public Bill Committee: 29 January 2013
29

Justice and Security Bill-[Lords], continued

James Brokenshire

35

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

Diana Johnson

9

Schedule  1,  page  15,  line  31,  leave out ‘(5)’ and insert ‘(7)’.

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)).’.

Diana Johnson

10

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

‘(6)
The ISC shall have a duty to consider meeting in public where it considers that to

do so will not lead to the disclosure of sensitive information.

(7)
The ISC shall not less than once in each calendar year hold a public meeting for

which it shall determine applicable procedures.’.

Diana Johnson

25

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

‘(6)
The ISC shall consider any request by a select committee of either House of

Parliament to—

(a)
review any particular issue related to national security; or

(b)
transfer information to that select committee which it has stated it needs

to carry out its functions as a select committee.

(7)
The terms of any consideration under sub-paragraph (6) are to be set out in a

memorandum of understanding between the ISC and the select committee in

question.’.

James Brokenshire

37

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

  ‘(A1)
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’.

Public Bill Committee: 29 January 2013
30

Justice and Security Bill-[Lords], continued

James Brokenshire

40

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

Diana Johnson

14

Schedule  1,  page  16,  line  17,  leave out ‘Minister of the Crown’ and insert

‘Secretary of State’.

James Brokenshire

Diana Johnson

15

Schedule  1,  page  16,  line  23,  leave out ‘Minister of the Crown’ and insert

‘Secretary of State’.

James Brokenshire

42

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

Secretary of State’.

Diana Johnson

21

Schedule  1,  page  16,  leave out from ‘ISC’ in line 30 to end of line 38.

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’.

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.’.

James Brokenshire

46

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

Diana Johnson

17

Schedule  1,  page  16,  line  44,  leave out ‘Minister of the Crown’ and insert

‘Secretary of State’.

Diana Johnson

18

Schedule  1,  page  16,  line  46,  leave out ‘Minister of the Crown’ and insert

Public Bill Committee: 29 January 2013
31

Justice and Security Bill-[Lords], continued

‘Secretary of State’.

Diana Johnson

19

Schedule  1,  page  17,  line  1,  leave out first ‘Minister of the Crown’ and insert

‘Secretary of State’.

Diana Johnson

20

Schedule  1,  page  17,  line  1,  leave out second ‘Minister of the Crown’ and insert

‘Secretary of State’.

Diana Johnson

11

Schedule  1,  page  17,  line  5,  leave out ‘paragraph 3(3)(a)’ and insert ‘paragraphs

2(6) and 3(3)(a)’.

James Brokenshire

47

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

‘Publication of information received in private

5    (1)
This paragraph applies to information received by the ISC in private in

connection with the exercise of its functions.

      (2)
The ISC—

(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

6
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.’.

Public Bill Committee: 29 January 2013
32

Justice and Security Bill-[Lords], continued

Diana Johnson

12

Clause  2,  page  2,  line  8,  at end insert—

‘(1A)
The ISC shall consider the proposed appointment of each of the following,

including by questioning the prospective appointee at a meeting of the ISC—

(a)
the Director-General of the Security Service,

(b)
the Chief of the Secret Intelligence Service,

(c)
the Director of the Government Communications Headquarters, and

(d)
such other persons as the Prime Minister may direct.’.

Diana Johnson

22

Clause  2,  page  2,  line  9,  leave out from ‘oversee’ to end of line 11 and insert ‘any

part of a government department, or any part of Her Majesty’s forces, which is engaged

in intelligence or security activities’.

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’.

Diana Johnson

23

Clause  2,  page  2,  line  19,  at end insert—

‘(3A)
The ISC may, notwithstanding subsection (3), consider any particular operational

matter if the relevant Minister of the Crown agrees to the consideration of the

matter.’.

James Brokenshire

33

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

Public Bill Committee: 29 January 2013
33

Justice and Security Bill-[Lords], continued

Diana Johnson

24

Clause  2,  page  2,  line  26,  leave out from ‘(5)’ to end of line 27 and add—


‘A memorandum of understanding shall not take effect under this section

unless a draft has been laid before, and approved by a resolution of, each House

of Parliament.’.

Diana Johnson

26

Clause  3,  page  2,  line  36,  leave out from ‘matter’ to end of line 39, and insert

‘contains—

(a)
sensitive information (as defined in Schedule 1, paragraph 4), or

(b)
information which, in the interests of national security, should not be

disclosed.’.

Diana Johnson

27

Clause  3,  page  3,  line  3,  at end add—

‘(8)
Where the ISC makes a report under subsection (7), the Prime Minister or

Secretary of State must provide a response to the ISC within three months of

receiving the report.’.

James Brokenshire

53


Clause  6,  page  4,  line  18,  leave out from ‘may’ to ‘make’ in line 19.

James Brokenshire

54


Clause  6,  page  4,  line  20,  at end insert—

‘(1A)
The court may make such a declaration—

(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.’.

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—



© Parliamentary copyright	Revised 29 January 2013