House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

799

House of Commons

Notices of Amendments

given on

Wednesday 27 February 2013

For other Amendment(s) see the following page(s) of Supplement to Votes:

753-55, 763-64, 767-68 and 769-71

Consideration of Bill

Justice and Security Bill, As Amended

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,

Notices of Amendments: 27 February 2013
800

Justice and Security Bill, continued

(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.’.

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.’.

Mr Kenneth Clarke

42

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

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’.

Notices of Amendments: 27 February 2013
801

Justice and Security Bill, continued

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—

‘( )
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.’.

Mr Kenneth Clarke

48

Page  7,  line  3  [Clause  7],  at end insert—

‘( )
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.’.

Mr Kenneth Clarke

49

Page  9,  line  7  [Clause  11],   leave out ‘section 12’ and insert ‘sections (Reports on

use of closed material procedure) to 12’.

Mr Kenneth Clarke

50

Page  9,  line  11  [Clause  11],   at end insert—

‘( )
proceedings on, or in relation to, an application for a revocation under

section 7, and

( )
proceedings on, or in relation to, a decision of the court to make a

revocation under that section of its own motion.’.

Mr Kenneth Clarke

51

Page  9,  line  13  [Clause  11],   leave out ‘section 12’ and insert ‘sections (Reports on

use of closed material procedure) to 12’.

Mr Kenneth Clarke

52

Page  9,  line  17  [Clause  12],   leave out ‘11’ and insert ‘(Review of sections 6 to 11)’.

Mr Kenneth Clarke

53

Page  9,  line  41  [Clause  12],   leave out ‘11’ and insert ‘(Review of sections 6 to 11)’.

Notices of Amendments: 27 February 2013
802

Justice and Security Bill, continued

Mr Kenneth Clarke

54

Page  14,  line  9  [Clause  16],   leave out ‘and 11’ and insert ‘, 11 and (Review of

sections 6 to 11)’.

Mr Kenneth Clarke

55

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

request by the ISC)’.

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—

      ‘()
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


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

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

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.’.

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—

‘( )
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),’.

Notices of Amendments: 27 February 2013
803

Justice and Security Bill, continued

Mr Kenneth Clarke

61

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

      ‘()
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’.

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”.’.

Mr Kenneth Clarke

65

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



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