House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

879

House of Commons

Notices of Amendments

given up to and including

Tuesday 5 March 2013

New Amendments handed in are marked thus

Consideration of Bill

Justice and Security Bill [Lords], As Amended

Note

The Amendments have been arranged in accordance with the Order of the House

[4 March 2013].

Amendments to Clause 1

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 9

Steve Baker

8

Page  1,  line  7  [Clause  1],  leave out ‘nine’ and insert ‘an elected Chair and eight

other’.

Notices of Amendments: 5 March 2013
880

Justice and Security Bill [Lords] continued

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 9

Steve Baker

9

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
5
person’s candidature, and

(b)
is not a Minister of the Crown.’.

As an Amendment to Mr Andrew Tyrie’s proposed Amendment (No. 9):—

Yvette Cooper

Diana Johnson

(a)


Line  6,  at end add—

‘(2C)
The Prime Minister may give consent under subsection (2B) to more than three

candidates at any one election and must consult with the Leader of the Opposition

before giving any such consent.’.

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 9

Steve Baker

10

Page  2,  line  3  [Clause  1],  leave out subsection (6).

Yvette Cooper

Diana Johnson

74


Page  2,  line  29  [Clause  2],  at end insert—

‘(4A)
The ISC shall consider the proposed appointment of the following, including by

questioning the prospective appointee at a meeting of the ISC—

(a)
the Head of the Security Service;

(b)
the Head of the Secret Intelligence Service;

(c)
the Head of the Government Communications Headquarters; and

Notices of Amendments: 5 March 2013
881

Justice and Security Bill [Lords] continued

(d)
such other persons as the Prime Minister may direct.

(4B)
The ISC may consider the appropriateness of holding hearings considering each

prospective appointee’s proposed appointment in public.’.

Amendments to Schedule 1

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 9

Steve Baker

11

Page  16,  line  5  [Schedule  1],  after ‘person’, insert ‘elected as the Chair or’.

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 9

Steve Baker

12

Page  16,  line  7  [Schedule  1],  after ‘(2)’, insert ‘The Chair or’.

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 9

Steve Baker

13

Page  16,  line  12  [Schedule  1],  after ‘is’, insert ‘the Chair or’.

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 9

Notices of Amendments: 5 March 2013
882

Justice and Security Bill [Lords] continued

Steve Baker

14

Page  16,  line  16  [Schedule  1],  leave out ‘Parliament by virtue of which the person

is a member of the ISC’ and insert ‘Commons’.

Mr Kenneth Clarke

56

Page  16,  line  31  [Schedule  1],  leave out ‘(6)’ and insert ‘(5)’.

Mr Kenneth Clarke

57

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.’.

Mr Kenneth Clarke

58

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
5
the ISC,

(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
10
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.’.

As an Amendment to Mr Kenneth Clarke’s proposed Amendment (No. 58):—

Yvette Cooper

Diana Johnson

(a)


Line  11,  at end add—

‘(e)
may make payments to the Independent Standards Authority and House

of Lords in respect of any expenditure incurred, or to be incurred, in

relation to remuneration payable to ISC members in respect of their

membership of the ISC.’.

Notices of Amendments: 5 March 2013
883

Justice and Security Bill [Lords] continued

Yvette Cooper

Diana Johnson

75


Page  17,  line  38  [Schedule  1],  leave out from ‘ISC’ to end of line 43.

Sir Malcolm Rifkind

73


Page  18,  line  34  [Schedule  1],  leave out from ‘private’ to end of line 3 on page 19

and insert ‘from a person subject to the Official Secrets Act 1989.

(2)
The ISC may only publish or disclose the information—

(a)
by way of a report under section 3,

(b)
if 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), or

(c)
if publication or disclosure is necessary for the ISC to comply with any

enactment or rule of law.’.

Mr Kenneth Clarke

59

Page  18,  line  39  [Schedule  1],  after ‘not’ insert ‘otherwise’.

Mr Kenneth Clarke

60

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),’.

Yvette Cooper

Diana Johnson

76


Page  19  [Schedule  1],  leave out from line 4 to end of line 7 and add—

‘Protection for proceedings of the ISC

6
No part of the proceedings of the ISC, including evidence given to the ISC may

be used in any civil, criminal or disciplinary proceedings, except in the case of

evidence given in bad faith.’.

Mr Kenneth Clarke

61

Page  19,  line  5  [Schedule  1],  at beginning insert—

Notices of Amendments: 5 March 2013
884

Justice and Security Bill [Lords] continued

    ‘(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

faith.’.

Mr Kenneth Clarke

62

Page  19,  line  6  [Schedule  1],  leave out ‘, civil or disciplinary’.

Amendments to Clauses 2 to 5

Mr Kenneth Clarke

55

Page  2,  line  21  [Clause  2],  after ‘ISC’, insert ‘(whether or not in response to a

request by the ISC)’.

Caroline Lucas

71

Page  2,  line  29  [Clause  2],  at end insert—

‘(4A)
Subsections (3) and (4) do not apply where a plausible claim has been made by

or on behalf of an individual to the ISC that the Security Service, the Secret

Intelligence Service or the Government Communications Headquarters has

disseminated any information to any recipient concerning any person that appears

to be—

(a)
materially false; and

(b)
harmful to the person defamed.

(4B)
In any case where subsection (4A) applies, the ISC shall fully and expeditiously

investigate the claim and, where the claim appears to be well founded, shall

ensure that the misinformation is expeditiously corrected.’.

Amendments to Schedules 2 and 3

Mr Kenneth Clarke

63

Page  19,  line  31  [Schedule  2],  at end insert ‘, and

(b)
after “Committee” insert “of Parliament”.’.

Mr Kenneth Clarke

64

Page  20,  line  18  [Schedule  2],  at end insert ‘, and

(b)
after “Committee” insert “of Parliament”.’.

Notices of Amendments: 5 March 2013
885

Justice and Security Bill [Lords] continued

Mr Kenneth Clarke

65

Page  21,  line  35  [Schedule  2],  leave out ‘7(2)’ and insert ‘7(1)’.

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.

Order of the House [4 March 2013]

That the Order of 18 December 2012 (Justice and Security Bill [Lords] (Programme))

be varied as follows.

1.
Paragraphs 4, 5 and 6 of the Order shall be omitted.

2.
Proceedings on Consideration and Third Reading shall be concluded in two

days.

3.
Proceedings on Consideration shall be taken on each of those days as shown

in the following Table and in the order so shown.

4.
Each part of the proceedings shall (so far as not previously concluded) be

brought to a conclusion at the times specified in relation to it in the second

column of the Table.

      TABLE

Proceedings
Time for conclusion of proceedings

First day

Amendments to Clause 6, other than
8 pm

amendments to leave out Clause 6;

New Clauses relating to cases to

which proceedings under Clause 6

are not applicable; amendments to

leave out any of Clauses 6 to 14

Remaining New Clauses and New
10 pm

Schedules relating to Part 2;

remaining amendments to Clauses 7

to 16

Second day

New Clauses and new Schedules
One hour before the moment of

relating to Part 1; amendments to
interruption

Clause 1; amendments to Schedule

1; amendments to Clauses 2 to 5;

amendments to Clause 17;

amendments to Schedules 2 and 3;

amendments to Clause 18;

remaining proceedings on

Consideration



© Parliamentary copyright	Revised 6 March 2013