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| Justice and Security Bill [Lords]
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| [Third and Fourth Sittings]
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| | Another Amendment (No. 21) proposed, in page 16, to leave out from ‘ISC’ in line 30 |
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| | to end of line 38.—(Diana Johnson). |
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| | Question proposed, That the Amendment be made. |
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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 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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| Schedule 1, page 16, line 36, leave out ‘Minister’ and insert ‘Secretary of State’. |
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| Schedule 1, page 16, line 44, leave out ‘Minister of the Crown’ and insert |
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| Schedule 1, page 16, line 46, leave out ‘Minister of the Crown’ and insert |
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| Schedule 1, page 17, line 1, leave out first ‘Minister of the Crown’ and insert |
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| Schedule 1, page 17, line 1, leave out second ‘Minister of the Crown’ and insert |
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| Schedule 1, page 17, line 5, leave out ‘paragraph 3(3)(a)’ and insert ‘paragraphs |
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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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| | 5 (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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| | 6 | 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, as amended, Agreed to. |
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| Clause 2, page 2, line 8, at end insert— |
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| | ‘(1A) | The ISC shall consider the proposed appointment of each of the following, |
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| | including by questioning the prospective appointee at a meeting of the ISC— |
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| | (a) | the Director-General of the Security Service, |
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| | (b) | the Chief of the Secret Intelligence Service, |
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| | (c) | the Director of the Government Communications Headquarters, and |
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| | (d) | such other persons as the Prime Minister may direct.’. |
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| Clause 2, page 2, line 9, leave out from ‘oversee’ to end of line 11 and insert ‘any |
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| part of a government department, or any part of Her Majesty’s forces, which is engaged |
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| in intelligence or security activities’. |
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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 19, at end insert— |
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| | ‘(3A) | The ISC may, notwithstanding subsection (3), consider any particular operational |
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| | matter if the relevant Minister of the Crown agrees to the consideration of the |
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| Clause 2, page 2, line 22, leave out ‘(3)’ and insert ‘(3A)’. |
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| Clause 2, page 2, line 26, leave out from ‘(5)’ to end of line 27 and add— |
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| | | ‘A memorandum of understanding shall not take effect under this section |
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| | unless a draft has been laid before, and approved by a resolution of, each House |
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| | Clause, as amended, Agreed to. |
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| Clause 3, page 2, line 36, leave out from ‘matter’ to end of line 39, and insert |
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| | (a) | sensitive information (as defined in Schedule 1, paragraph 4), or |
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| | (b) | information which, in the interests of national security, should not be |
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| Clause 3, page 3, line 3, at end add— |
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| | ‘(8) | Where the ISC makes a report under subsection (7), the Prime Minister or |
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| | Secretary of State must provide a response to the ISC within three months of |
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| | Clauses 4 and 5 Agreed to. |
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| Clause 6, page 4, line 18, leave out from ‘may’ to ‘make’ in line 19. |
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| Clause 6, page 4, line 20, at end insert— |
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| | ‘(1A) | The court may make such a declaration— |
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| | (a) | on the application of— |
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| | (i) | the Secretary of State (whether or not the Secretary of State is a |
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| | party to the proceedings), or |
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| | (ii) | any party to the proceedings, or |
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| Clause 6, page 4, line 21, leave out subsections (2) to (6) and insert— |
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| | ‘(1B) | The court may make such a declaration if it considers that the following two |
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| | (1C) | The first condition, in a case where the court is considering whether to make a |
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5 | | declaration on the application of the Secretary of State or of its own motion, is |
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| | (a) | a party to the proceedings (whether or not the Secretary of State) would |
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| | be required to disclose sensitive material in the course of the proceedings |
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| | to another person (whether or not another party to the proceedings), or |
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10 | | (b) | a party to the proceedings (whether or not the Secretary of State) would |
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| | be required to make such a disclosure were it not for one or more of the |
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| | (i) | the possibility of a claim for public interest immunity in relation |
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15 | | (ii) | the fact that there would be no requirement to disclose if the |
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| | person concerned chose not to rely on the material, |
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| | (iii) | section 17(1) of the Regulation of Investigatory Powers Act |
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| | 2000 (exclusion for intercept material), |
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| | (iv) | any other enactment that would prevent the party from disclosing |
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20 | | the material but would not do so if the proceedings were |
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| | proceedings in relation to which there was a declaration under |
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| | (1D) | The first condition, in a case where the court is considering whether to make a |
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| | declaration on the application of a party to the proceedings (other than the |
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25 | | Secretary of State), is that— |
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| | (a) | the applicant would be required to disclose sensitive material in the |
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| | course of the proceedings to another person (whether or not another party |
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| | (b) | the applicant would be required to make such a disclosure were it not for |
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30 | | one or more of the following— |
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| | (i) | the possibility of a claim for public interest immunity in relation |
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| | (ii) | the fact that there would be no requirement to disclose if the |
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| | applicant chose not to rely on the material, |
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35 | | (iii) | section 17(1) of the Regulation of Investigatory Powers Act |
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| | 2000 (exclusion for intercept material), |
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| | (iv) | any other enactment that would prevent the applicant from |
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| | disclosing the material but would not do so if the proceedings |
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| | were proceedings in relation to which there was a declaration |
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| | (1E) | The second condition is that it is in the interests of the fair and effective |
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| | administration of justice in the proceedings to make a declaration. |
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| | (1F) | The two conditions are met if the court considers that they are met in relation to |
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| | any material that would be required to be disclosed in the course of the |
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45 | | proceedings (and an application under subsection (1A)(a) need not be based on |
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| | all of the material that might meet the conditions). |
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