Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 31 January 2013                  

65

 

Justice and Security Bill-[Lords], continued

 
 

Open statements for closed judgements

 

Mr Andy Slaughter

 

NC7

 

To move the following Clause:—

 

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

 

which shall include—

 

(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

 

To move the following Clause:—

 

‘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,

 

(ii)    

the number of witnesses heard in closed proceedings and the

 

nature of those witnesses,

 

(iii)    

the length of a closed judgement,

 

(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, and

 

(c)    

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

 

Freedom of Information Act 2000.’.

 



 
 

Public Bill Committee: 31 January 2013                  

66

 

Justice and Security Bill-[Lords], continued

 
 

Disclosure judge

 

Mr Andy Slaughter

 

NC9

 

To move the following Clause:—

 

‘(1)    

The jurisdiction 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”.

 

(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

 

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 proceedings which would not be relevant and admissible evidence in an

 

open hearing.’.

 


 

Expiry and renewal

 

Mr Andy Slaughter

 

NC11

 

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.’.

 



 
 

Public Bill Committee: 31 January 2013                  

67

 

Justice and Security Bill-[Lords], continued

 
 

Reporting and review

 

Mr Andy Slaughter

 

NC12

 

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

 

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.

 


 
 

Public Bill Committee: 31 January 2013                  

68

 

Justice and Security Bill-[Lords], continued

 
 

Order of the Committee [29 January 2013]

 

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.

 


 
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