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| given up to and including |
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| Thursday 28 February 2013 |
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| New Amendments handed in are marked thus  |
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| Justice and Security Bill [Lords], As Amended
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| | Reports on use of closed material procedure |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must— |
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| | (a) | prepare a report on the matters mentioned in subsection (2) for— |
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| | (i) | the period of twelve months beginning with the day on which |
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| | section 6 comes into force, and |
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| | (ii) | every subsequent twelve month period, and |
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| | (b) | lay a copy of each such report before Parliament. |
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| | (a) | the number of applications made during the reporting period— |
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| | (i) | by the Secretary of State under section 6(2)(a)(i) or 7(4)(a)(i), |
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| | (ii) | by persons other than the Secretary of State under section |
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| | 6(2)(a)(ii) or 7(4)(a)(ii), |
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| | (b) | the number of declarations made by the court under section 6(1), and the |
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| | number of revocations made by the court under section 7(2) or (3), during |
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| | (i) | in response to applications made by the Secretary of State during |
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| | (ii) | in response to applications made by the Secretary of State during |
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| | previous reporting periods, |
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| | (iii) | in response to applications made by persons other than the |
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| | Secretary of State during the reporting period, |
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| | (iv) | in response to applications made by persons other than the |
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| | Secretary of State during previous reporting periods, and |
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| | (v) | of the court’s own motion, |
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| | (c) | the number of final judgments given in section 6 proceedings during the |
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| | reporting period which are closed judgments, and |
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| | (d) | the number of such judgments which are not closed judgments. |
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| | (3) | The report may also include such other matters as the Secretary of State considers |
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| | (4) | The duty under subsection (1) in relation to the preparation and laying of a report |
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| | must be carried out as soon as reasonably practicable after the end of the twelve |
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| | month period to which the report relates. |
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| | “closed judgment” means a judgment that is not made available, or fully |
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| | available, to the public, |
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| | “final judgment”, in relation to section 6 proceedings, means a final |
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| | judgment to determine the proceedings.’. |
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| | Review of sections 6 to 11 |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must appoint a person to review the operation of sections |
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| | 6 to 11 (the “reviewer”). |
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| | (2) | The reviewer must carry out a review of the operation of sections 6 to 11 in |
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| | respect of the period of five years beginning with the day on which section 6 |
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| | (3) | The review must be completed as soon as reasonably practicable after the end of |
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| | the period to which the review relates. |
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| | (4) | As soon as reasonably practicable after completing a review under this section, |
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| | the reviewer must send to the Secretary of State a report on its outcome. |
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| | (5) | On receiving a report under subsection (4), the Secretary of State must lay a copy |
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| | (6) | Before laying a copy of a report before Parliament under subsection (5), the |
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| | Secretary of State may, after consulting the reviewer, exclude from the copy any |
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| | part of the report that would, in the opinion of the Secretary of State, be damaging |
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| | to the interests of national security if it were included in the copy laid before |
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| | (7) | The Secretary of State may pay to the reviewer— |
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| | (a) | expenses incurred by the reviewer in carrying out functions under this |
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| | (b) | such allowances as the Secretary of State determines.’. |
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| | Investigation by the ISC of individual complaints |
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| To move the following Clause:— |
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| | ‘Where a plausible claim has been made by or on behalf of an individual to the |
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| | ISC that the Security Service, the Secret Intelligence Service or the Government |
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| | Communications Headquarters has disseminated any information to any recipient |
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| | concerning any person that appears to be— |
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| | (a) | materially false; and |
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| | (b) | harmful to the person defamed, |
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| | the ISC shall fully and expeditiously investigate the claim and, where the claim |
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| | appears to be well founded, shall ensure that the misinformation is expeditiously |
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| | Proceedings in which section 6 proceedings are not applicable |
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| To move the following Clause:— |
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| | ‘(1) | Section 6 proceedings will not be applicable in proceedings where the outcome |
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| | could result in, contribute to, or impede efforts to challenge the— |
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| | | of a party, whether in the UK or overseas. |
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| | (2) | Section 6 proceedings will not be applicable in proceedings— |
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| | (a) | relating to conduct which may amount to commission of the following |
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| | domestic and international wrongs— |
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| | (v) | cruel, inhuman or degrading treatment; |
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| | (vii) | other matters that the court regards as breaches of the Geneva |
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| | (b) | where there is a real risk that non-disclosure of that material or |
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| | information may result in the wrongful imprisonment of an individual in |
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| | the UK or overseas or the death of an individual overseas.’. |
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| To move the following Clause:— |
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| | ‘(1) | Sections 6 to 12 of this Act expire at the end of the period of one year beginning |
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| | with the day on which this Act is passed. |
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| | (2) | The Secretary of State may, by order made by statutory instrument, provide that |
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| | sections 6 to 12 of this Act are not to expire at the time when they would |
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| | otherwise expire under subsection (1) or in accordance with an order under this |
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| | subsection but are to continue in force after that time for a period not exceeding |
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| | (3) | An order under this section may not be made unless a draft of it has been laid |
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| | before Parliament and approved by a resolution of each House.’. |
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| | Notifying the media of CMP applications and media rights to make submissions |
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| To move the following Clause:— |
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| | ‘(1) | Rules of court relating to section 6 proceedings must make provision— |
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| | (a) | requiring the court concerned to notify relevant representatives of the |
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| | media of proceedings in which an application for a declaration under |
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| | (b) | providing for any person notified under paragraph (a) to intervene in the |
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| | (c) | providing for a stay or sist of relevant civil proceedings to enable anyone |
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| | notified under paragraph (a) to consider whether to intervene in the |
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| | (d) | enabling any party to the proceedings or any intervener to apply to the |
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| | court concerned for a determination of whether there continues to be |
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| | justification for not giving full particulars of the reasons for decisions in |
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| | (e) | requiring the court concerned, on an application under paragraph (d), to |
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| | publish such of the reasons for decision as the court determines can no |
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| | longer be justifiably withheld.’. |
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| | Ensuring closed judgments can become open when secrecy is no longer required |
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| To move the following Clause:— |
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| | ‘(1) | Rules of court relating to sections 6 and 7 proceedings must make provision— |
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| | (a) | enabling any party to the proceedings or any intervener to apply to the |
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| | court concerned for a determination of whether there continues to be |
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| | justification for not giving full particulars of the reasons for decisions in |
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| | (b) | requiring the court concerned, on an application under paragraph (a), to |
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| | publish such of the reasons for decision as the court determines can no |
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| | longer be justifiably withheld; |
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| | (c) | ensuring applications under paragraph (a) are not granted more than once |
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| | (d) | enabling the court to deny a paragraph (a) application if the court views |
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| | it as an abuse of process; and |
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| | (e) | ensuring that all closed judgments undergo a paragraph (a) determination |
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| | every five years, even in the absence of an application under paragraph |
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| | Recording of data relating to closed proceedings |
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| To move the following Clause:— |
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| | ‘(1) | Rules of court relating to closed material proceedings under this Act, and |
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| | applications for them, must make provision— |
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| | (a) | ensuring that key data is centrally recorded for all proceedings, |
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| | (i) | the duration of open hearings and closed hearings; and |
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| | (ii) | the number of witnesses heard in closed proceedings and the |
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| | nature of those witnesses; and |
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| | (iii) | the length of a closed judgment; and |
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| | (iv) | whether the claimant, defendant and/or intervener applied for |
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| | closed material proceedings; and |
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| | (v) | whether the claimant, defendant and/or intervener contested the |
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| | application for closed proceedings; and |
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| | (b) | ensuring that centrally recorded data is available to the independent |
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| | person appointed by the Secretary of State to review the operation of the |
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| | provisions of the Terrorism Act 2000 and Part 1 of the Terrorism Act |
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| Page 1, line 7 [Clause 1], leave out ‘nine’ and insert ‘an elected Chair and eight |
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| Page 1, line 9 [Clause 1], at end insert— |
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| | ‘(2A) | The Chair is to be a member of the House of Commons elected in the same way |
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| | as the Chairs of Departmental Select Committees. |
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| | (2B) | A person is not eligible to be elected as Chair of the ISC unless that person— |
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| | (a) | has received the formal consent in writing of the Prime Minister to that |
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| | person’s candidature, and |
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| | (b) | is not a Minister of the Crown.’. |
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| Page 2, line 3 [Clause 1], leave out subsection (6). |
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| Page 2, line 21 [Clause 2], after ‘ISC’, insert ‘(whether or not in response to a |
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| Page 4, line 29, leave out Clause 6. |
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| Page 4, line 39 [Clause 6], leave out ‘two’ and insert ‘three’. |
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| Page 4, line 41 [Clause 6], leave out from ‘condition’ to ‘is’ in line 42. |
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| Page 5, line 1 [Clause 6], leave out ‘(whether or not the Secretary of State)’. |
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| Page 5, line 4 [Clause 6], after ‘proceedings)’, insert ‘and such disclosure would be |
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| damaging to the interests of national security’. |
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| Page 5, line 5 [Clause 6], leave out ‘(whether or not the Secretary of State)’. |
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| Page 5, line 11 [Clause 6], leave out ‘person concerned’ and insert ‘party’. |
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| Page 5, line 18 [Clause 6], leave out subsection (5). |
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