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Public Bill Committee: 29 January 2013                  

41

 

Justice and Security Bill-[Lords], continued

 
 

(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—

 

(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.’.

 

 
 

Public Bill Committee: 29 January 2013                  

42

 

Justice and Security Bill-[Lords], continued

 
 

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.’.

 

 

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

 

Mr Andy Slaughter

 

NC6

 

Parliamentary Star    

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

 

Parliamentary Star    

To move the following Clause:—

 

‘( )    

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

 

which shall include—

 
 

Public Bill Committee: 29 January 2013                  

43

 

Justice and Security Bill-[Lords], continued

 
 

(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.’.

 

 

Recording of data relating to closed proceedings

 

Mr Andy Slaughter

 

NC8

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

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, and

 

(ii)    

the number of witnesses heard in closed proceedings and the

 

nature of those witnesses, and

 

(iii)    

the length of a closed judgement, and

 

(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,

 

(c)    

ensuring that centrally recorded data is subject to the provisions of the

 

Freedom of Information Act 2000.’.

 

 

Disclosure judge

 

Mr Andy Slaughter

 

NC9

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The jurisdication 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”.

 
 

Public Bill Committee: 29 January 2013                  

44

 

Justice and Security Bill-[Lords], continued

 
 

(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

 

Parliamentary Star    

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

 

section 6 proceeding which would not be relevant and admissible evidence in an

 

open hearing.’.

 

 

Expiry and renewal

 

Mr Andy Slaughter

 

NC11

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 
 

Public Bill Committee: 29 January 2013                  

45

 

Justice and Security Bill-[Lords], continued

 
 

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.

 

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.

 

 
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Revised 29 January 2013