|
| |
| | |
| | |
| |
| | | Notifying the media of CMP applications and media rights to make submissions |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Rules of court relating to section 6 proceedings must make provision— |
|
| | | (a) | requiring the court concerned to notify relevant representatives of the |
|
| | | media of proceedings in which an application for a declaration under |
|
| | | |
| | | (b) | providing for any person notified under paragraph (a) to intervene in the |
|
| | | |
| | | (c) | providing for a stay or sist of relevant civil proceedings to enable anyone |
|
| | | notified under paragraph (a) to consider whether to intervene in the |
|
| | | |
| | | (d) | enabling any party to the proceedings or any intervener to apply to the |
|
| | | court concerned for a determination of whether there continues to be |
|
| | | justification for not giving full particulars of the reasons for decisions in |
|
| | | |
| | | (e) | requiring the court concerned, on an application under paragraph (d), to |
|
| | | publish such of the reasons for decision as the court determines can no |
|
| | | longer be justifiably withheld.’. |
|
| | |
| | | Ensuring closed judgments can become open when secrecy is no longer required |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Rules of court relating to sections 6 and 7 proceedings must make provision— |
|
| | | (a) | enabling any party to the proceedings or any intervener to apply to the |
|
| | | court concerned for a determination of whether there continues to be |
|
| | | justification for not giving full particulars of the reasons for decisions in |
|
| | | |
| | | (b) | requiring the court concerned, on an application under paragraph (a), to |
|
| | | publish such of the reasons for decision as the court determines can no |
|
| | | longer be justifiably withheld; |
|
| | | (c) | ensuring applications under paragraph (a) are not granted more than once |
|
| | | |
| | | (d) | enabling the court to deny a paragraph (a) application if the court views |
|
| | | it as an abuse of process; and |
|
| | | (e) | ensuring that all closed judgments undergo a paragraph (a) determination |
|
| | | every five years, even in the absence of an application under paragraph |
|
| | | |
| | |
|
| |
| | |
| | |
| |
| | | Recording of data relating to closed proceedings |
|
| | |
| | | |
| | 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, |
|
| | | |
| | | (i) | the duration of open hearings and closed hearings; and |
|
| | | (ii) | the number of witnesses heard in closed proceedings and the |
|
| | | nature of those witnesses; and |
|
| | | (iii) | the length of a closed judgment; 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; and |
|
| | | (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 |
|
| | | |
| | |
| | Remaining Amendments to Clauses 7 to 16 |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 6, line 29 [Clause 7], leave out from ‘that’ to end of line 30 and insert ‘any of |
|
| | the conditions in subsections (4) to (6A) of section 6 is no longer met.’. |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 6, line 33 [Clause 7], leave out from ‘that’ to end of line 34 and insert ‘any of |
|
| | the conditions in subsections (4) to (6A) of section 6 is no longer met.’. |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 6, line 41 [Clause 7], leave out from ‘whether’ to second ‘the’ in line 43 and |
|
| | insert ‘any of the conditions in subsections (4) to (6A) of section 6 is no longer met.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 7, line 3 [Clause 7], at end insert— |
|
| | | ‘(7) | In relation to proceedings before the Court of Session— |
|
| | | (a) | the reference in subsection (3) to the completion of the pre-trial |
|
| | | disclosure exercise is a reference to the fixing of a hearing to determine |
|
| | | the merits of the proceedings, and |
|
| | | (b) | the reference in subsection (6)(b) to when the pre-trial disclosure exercise |
|
| | | is to be considered to have been completed is a reference to what |
|
| | | constitutes a hearing to determine the merits of the proceedings.’. |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 7, line 18 [Clause 8], at end add ‘and that damage outweighs the public |
|
| | interest in the fair and open administration of justice’. |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 7, line 20 [Clause 8], leave out ‘consider requiring’ and insert ‘require’. |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 7, line 22 [Clause 8], at end insert ‘sufficient to enable the party to whom the |
|
| | summary is provided to give effective instructions on the undisclosed material to their |
|
| | legal representatives and special advocates.’. |
|
| | |
| | |
| | | |
| | Page 9, line 7 [Clause 11], leave out ‘section 12’ and insert ‘sections (Reports on |
|
| | use of closed material procedure) to 12’. |
|
| | |
| | | |
| | Page 9, line 11 [Clause 11], at end insert— |
|
| | | ‘(c) | proceedings on, or in relation to, an application for a revocation under |
|
| | | |
| | | (d) | proceedings on, or in relation to, a decision of the court to make a |
|
| | | revocation under that section of its own motion.’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 9, line 13 [Clause 11], leave out ‘section 12’ and insert ‘sections (Reports on |
|
| | use of closed material procedure) to 12’. |
|
| | |
| | | |
| | Page 9, line 17 [Clause 12], leave out ‘11’ and insert ‘(Review of sections 6 to 11)’. |
|
| | |
| | | |
| | Page 9, line 41 [Clause 12], leave out ‘11’ and insert ‘(Review of sections 6 to 11)’. |
|
| | |
| | |
| | | |
| | Page 12, line 25, leave out Clause 15. |
|
| | |
| | |
| | | |
| | Page 12, line 37 [Clause 15], at end insert ‘where that information relates to |
|
| | national security or the interests of the United Kingdom.’. |
|
| | |
| | |
| | | |
| | Page 12, line 38 [Clause 15], leave out ‘an’ and insert ‘a foreign’. |
|
| | |
| | |
| | | |
| | Page 12, line 40 [Clause 15], leave out ‘an’ and insert ‘a foreign’. |
|
| | |
| | |
| | | |
| | Page 12, line 41 [Clause 15], leave out paragraph (d). |
|
| | |
| | |
| | | |
| | Page 13, line 40, leave out Clause 16. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 14, line 9 [Clause 16], leave out ‘and 11’ and insert ‘, 11 and (Review of |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 1, line 7 [Clause 1], leave out ‘nine’ and insert ‘an elected Chair and eight |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 1, line 9 [Clause 1], at end insert— |
|
| | | ‘(2A) | The Chair is to be a member of the House of Commons elected in the same way |
|
| | | as the Chairs of Departmental Select Committees. |
|
| | | (2B) | A person is not eligible to be elected as Chair of the ISC unless that person— |
|
| | | (a) | has received the formal consent in writing of the Prime Minister to that |
|
| | | person’s candidature, and |
|
| | | (b) | is not a Minister of the Crown.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 2, line 3 [Clause 1], leave out subsection (6). |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 16, line 5 [Schedule 1], after ‘person’, insert ‘elected as the Chair or’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 16, line 7 [Schedule 1], after ‘(2)’, insert ‘The Chair or’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 16, line 12 [Schedule 1], after ‘is’, insert ‘the Chair or’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 16, line 16 [Schedule 1], leave out ‘Parliament by virtue of which the person |
|
| | is a member of the ISC’ and insert ‘Commons’. |
|
| | |
| | | |
| | Page 16, line 31 [Schedule 1], leave out ‘(6)’ and insert ‘(5)’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 17, line 4 [Schedule 1], leave out sub-paragraph (6) and insert— |
|
| | | ‘(6) | The ISC may take evidence on oath, and for that purpose may administer oaths.’. |
|
| | |
| | | |
| | Page 17, line 6 [Schedule 1], at end insert— |
|
| | | ‘Funding and other resources |
|
| | | 2A | A Minister of the Crown— |
|
| | | (a) | may make payments to either House of Parliament in respect of any |
|
| | | expenditure incurred, or to be incurred, by either House in relation to |
|
| | | |
| | | (b) | may provide staff, accommodation or other resources to either House |
|
| | | of Parliament for the purposes of the ISC, |
|
| | | (c) | may make payments, or provide staff, accommodation or other |
|
| | | resources, to the ISC, or |
|
| | | (d) | may otherwise make payments, or provide staff, accommodation or |
|
| | | other resources, to any person for the purposes of the ISC.’. |
|
| | |
| | |
| | | |
| | Page 18, line 39 [Schedule 1], after ‘not’ insert ‘otherwise’. |
|
| | |
| | | |
| | Page 18, line 42 [Schedule 1], at end insert— |
|
| | | ‘(za) | the ISC and the Prime Minister are satisfied that publication or |
|
| | | disclosure would not be prejudicial to the continued discharge of the |
|
| | | functions of the Security Service, the Secret Intelligence Service, the |
|
| | | Government Communications Headquarters or any person carrying |
|
| | | out activities falling within section 2(2),’. |
|
| | |
| | |
| | | |
| | Page 19, line 5 [Schedule 1], at beginning insert— |
|
| | | ‘(1) | Evidence given by a person who is a witness before the ISC may not be used |
|
| | | in any civil or disciplinary proceedings, unless the evidence was given in bad |
|
| | | |
|
