House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

811

House of Commons

Notices of Amendments

given up to and including

Thursday 28 February 2013

New Amendments handed in are marked thus

Consideration of Bill

Justice and Security Bill [Lords], As Amended

New Clauses

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

Notices of Amendments: 28 February 2013
812

Justice and Security Bill [Lords] continued

(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.’.

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.’.

Notices of Amendments: 28 February 2013
813

Justice and Security Bill [Lords] continued

Investigation by the ISC of individual complaints

Caroline Lucas

NC1

To move the following Clause:—

‘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,

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.’.

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.’.

Notices of Amendments: 28 February 2013
814

Justice and Security Bill [Lords] continued

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.’.

Notifying the media of CMP applications and media rights to make submissions

John McDonnell

NC7


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

section 6 has been made;

(b)
providing for any person notified under paragraph (a) to intervene in the

proceedings;

(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

proceedings;

(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

the proceedings; and

(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.’.

Notices of Amendments: 28 February 2013
815

Justice and Security Bill [Lords] continued

Ensuring closed judgments can become open when secrecy is no longer required

John McDonnell

NC8


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

the proceedings; and

(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

in any 12 month period;

(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

(a).’.

Recording of data relating to closed proceedings

John McDonnell

NC9


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,

including—

(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

2006.’.

Notices of Amendments: 28 February 2013
816

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: 8

Mr Graham Brady

Mr Elfyn Llwyd

8

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

other’.

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 8

Mr Graham Brady

Mr Elfyn Llwyd

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

person’s candidature, and

(b)
is not a Minister of the Crown.’.

Mr Andrew Tyrie

Simon Hughes

Dr Hywel Francis

Mr Christopher Chope

Mr Elfyn Llwyd

Mr Graham Allen

Total signatories: 8

Mr Graham Brady

Mr Elfyn Llwyd

10

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

Mr Kenneth Clarke

55

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

request by the ISC)’.

Notices of Amendments: 28 February 2013
817

Justice and Security Bill [Lords] continued

Caroline Lucas

John McDonnell

1

Page  4,  line  29,  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)’.

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).



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