House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

829

House of Commons

Monday 4 March 2013

Consideration of Bill

New Amendments handed in are marked thus

Justice and Security Bill [Lords], As Amended

Note

The Amendments have been arranged in accordance with the Justice and Security

Bill [Lords] (Programme) (No. 2) Motion in the name of Mr Kenneth Clarke.

Amendments to Clause 6, other than amendments to leave out Clause 6

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

26

Page  4,  line  39  [Clause  6],  leave out ‘two’ and insert ‘three’.

Mr Kenneth Clarke

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

27

Page  4,  line  41  [Clause  6],  leave out from ‘condition’ to ‘is’ in line 42.

Mr Kenneth Clarke

42

Page  5,  line  1  [Clause  6],  leave out ‘(whether or not the Secretary of State)’.

Consideration of Bill: 4 March 2013
830

Justice and Security Bill [Lords] continued

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

28

Page  5,  line  4  [Clause  6],  after ‘proceedings)’, insert ‘and such disclosure would be

damaging to the interests of national security’.

Mr Kenneth Clarke

43

Page  5,  line  5  [Clause  6],  leave out ‘(whether or not the Secretary of State)’.

Mr Kenneth Clarke

44

Page  5,  line  11  [Clause  6],  leave out ‘person concerned’ and insert ‘party’.

Mr Kenneth Clarke

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

29

Page  5,  line  18  [Clause  6],  leave out subsection (5).

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

30

Page  5,  line  36  [Clause  6],  leave out from ‘that’ to end of line 37 and insert ‘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.’.

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

31

Page  5,  line  37  [Clause  6],  at end insert—

‘(6A)
The third condition is that a fair determination of the proceedings is not possible

by any other means.’.

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

32

Page  5,  line  38  [Clause  6],  leave out ‘two’ and insert ‘three’.

Consideration of Bill: 4 March 2013
831

Justice and Security Bill [Lords] continued

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

33

Page  5,  line  40  [Clause  6],  leave out from ‘proceedings’ to end of line 41.

Mr Kenneth Clarke

46

Page  5,  line  41  [Clause  6],  after ‘conditions’, insert ‘or on material that the

applicant would be required to disclose’.

Mr Kenneth Clarke

47

Page  5,  line  41  [Clause  6],  at end insert—

‘(7A)
The court must not consider an application by the Secretary of State under

subsection (2)(a) unless it is satisfied that the Secretary of State has, before

making the application, considered whether to make, or advise another person to

make, a claim for public interest immunity in relation to the material on which the

application is based.’.

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

34

Page  5,  line  41  [Clause  6],  at end insert—

‘(7A)
Before making a declaration under subsection (2), the court must consider

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

the material.’.

Paul Goggins

Dr Julian Lewis

Hazel Blears

Mr George Howarth

Mark Field

Patrick Mercer

Total signatories: 7

70

Page  6,  line  22  [Clause  6],  at end insert ‘or proceedings at an inquest conducted by

the Chief Coroner or a High Court judge.’.

Consideration of Bill: 4 March 2013
832

Justice and Security Bill [Lords] continued

New Clauses relating to Cases to which proceedings under Clause 6 are

not applicable

Proceedings in which section 6 proceedings are not applicable

Caroline Lucas

Jeremy Corbyn

John McDonnell

NC2

To move the following Clause:—

‘(1)
Section 6 proceedings will not be applicable in proceedings where the outcome

could result in, contribute to, or impede efforts to challenge the—

(a)
imprisonment; or

(b)
continued detention


of a party, whether in the UK or overseas.

(2)
Section 6 proceedings will not be applicable in proceedings—

(a)
relating to conduct which may amount to commission of the following

domestic and international wrongs—

(i)
genocide;

(ii)
murder;

(iii)
torture;

(iv)
slavery;

(v)
cruel, inhuman or degrading treatment;

(vi)
child abuse; or

(vii)
other matters that the court regards as breaches of the Geneva

Conventions.

(b)
where there is a real risk that non-disclosure of that material or

information may result in the wrongful imprisonment of an individual in

the UK or overseas or the death of an individual overseas.’.

Amendments to leave out any of Clauses 6 to 14

Caroline Lucas

John McDonnell

1

Page  4,  line  29,  leave out Clause 6.

Caroline Lucas

John McDonnell

2

Page  6,  line  25,  leave out Clause 7.

Consideration of Bill: 4 March 2013
833

Justice and Security Bill [Lords] continued

Caroline Lucas

John McDonnell

3

Page  7,  line  4,  leave out Clause 8.

Caroline Lucas

John McDonnell

4

Page  8,  line  1,  leave out Clause 9.

Caroline Lucas

John McDonnell

5

Page  8,  line  25,  leave out Clause 10.

Caroline Lucas

John McDonnell

6

Page  8,  line  30,  leave out Clause 11.

Caroline Lucas

John McDonnell

7

Page  9,  line  16,  leave out Clause 12.

John McDonnell

22

Page  10,  line  4,  leave out Clause 13.

John McDonnell

23

Page  11,  line  17,  leave out Clause 14.

Consideration of Bill: 4 March 2013
834

Justice and Security Bill [Lords] continued

Remaining New Clauses and New Schedules Relating to part 2

Reports on use of closed material procedure

Mr Kenneth Clarke

NC5

To move the following Clause:—

‘(1)
The Secretary of State must—

(a)
prepare a report on the matters mentioned in subsection (2) for—

(i)
the period of twelve months beginning with the day on which

section 6 comes into force, and

(ii)
every subsequent twelve month period, and

(b)
lay a copy of each such report before Parliament.

(2)
The matters are—

(a)
the number of applications made during the reporting period—

(i)
by the Secretary of State under section 6(2)(a)(i) or 7(4)(a)(i),

and

(ii)
by persons other than the Secretary of State under section

6(2)(a)(ii) or 7(4)(a)(ii),

(b)
the number of declarations made by the court under section 6(1), and the

number of revocations made by the court under section 7(2) or (3), during

the reporting period—

(i)
in response to applications made by the Secretary of State during

the reporting period,

(ii)
in response to applications made by the Secretary of State during

previous reporting periods,

(iii)
in response to applications made by persons other than the

Secretary of State during the reporting period,

(iv)
in response to applications made by persons other than the

Secretary of State during previous reporting periods, and

(v)
of the court’s own motion,

(c)
the number of final judgments given in section 6 proceedings during the

reporting period which are closed judgments, and

(d)
the number of such judgments which are not closed judgments.

(3)
The report may also include such other matters as the Secretary of State considers

appropriate.

(4)
The duty under subsection (1) in relation to the preparation and laying of a report

must be carried out as soon as reasonably practicable after the end of the twelve

month period to which the report relates.

(5)
In this section—

“closed judgment” means a judgment that is not made available, or fully

available, to the public,

“final judgment”, in relation to section 6 proceedings, means a final

judgment to determine the proceedings.’.

Consideration of Bill: 4 March 2013
835

Justice and Security Bill [Lords] continued

Review of sections 6 to 11

Mr Kenneth Clarke

NC6

To move the following Clause:—

‘(1)
The Secretary of State must appoint a person to review the operation of sections

6 to 11 (the “reviewer”).

(2)
The reviewer must carry out a review of the operation of sections 6 to 11 in

respect of the period of five years beginning with the day on which section 6

comes into force.

(3)
The review must be completed as soon as reasonably practicable after the end of

the period to which the review relates.

(4)
As soon as reasonably practicable after completing a review under this section,

the reviewer must send to the Secretary of State a report on its outcome.

(5)
On receiving a report under subsection (4), the Secretary of State must lay a copy

of it before Parliament.

(6)
Before laying a copy of a report before Parliament under subsection (5), the

Secretary of State may, after consulting the reviewer, exclude from the copy any

part of the report that would, in the opinion of the Secretary of State, be damaging

to the interests of national security if it were included in the copy laid before

Parliament.

(7)
The Secretary of State may pay to the reviewer—

(a)
expenses incurred by the reviewer in carrying out functions under this

section, and

(b)
such allowances as the Secretary of State determines.’.

Expiry and renewal

Sadiq Khan

Mr Andy Slaughter

Angus Robertson

Mr Elfyn Llwyd

NC4

To move the following Clause:—

‘(1)
Sections 6 to 12 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

sections 6 to 12 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.’.



© Parliamentary copyright	Revised 4 March 2013