Session 2012 - 13
Internet Publications
Other Bills before Parliament
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| | Page 5, line 36 [Clause 6], leave out from ‘that’ to end of line 37 and insert ‘the |
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| | degree of harm to the interests of national security if the material is disclosed would be |
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| | likely to outweigh the public interest in the fair and open administration of justice.’. |
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| | Page 5, line 37 [Clause 6], at end insert— |
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| | | ‘(6A) | The third condition is that a fair determination of the proceedings is not possible |
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| | Page 5, line 38 [Clause 6], leave out ‘two’ and insert ‘three’. |
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| | Page 5, line 40 [Clause 6], leave out from ‘proceedings’ to end of line 41. |
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| | Page 5, line 41 [Clause 6], after ‘conditions’, insert ‘or on material that the |
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| | applicant would be required to disclose’. |
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| | Page 5, line 41 [Clause 6], at end insert— |
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| | | ‘(7A) | The court must not consider an application by the Secretary of State under |
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| | | subsection (2)(a) unless it is satisfied that the Secretary of State has, before |
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| | | making the application, considered whether to make, or advise another person to |
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| | | make, a claim for public interest immunity in relation to the material on which the |
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| | Page 5, line 41 [Clause 6], at end insert— |
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| | | ‘(7A) | Before making a declaration under subsection (2), the court must consider |
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| | | whether a claim for public interest immunity could have been made in relation to |
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| Page 6, line 22 [Clause 6], at end insert ‘or proceedings at an inquest conducted by |
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| | the Chief Coroner or a High Court judge.’. |
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| | Page 6, line 25, leave out Clause 7. |
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| | Page 6, line 29 [Clause 7], leave out from ‘that’ to end of line 30 and insert ‘any of |
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| | the conditions in subsections (4) to (6A) of section 6 is no longer met.’. |
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| | Page 6, line 33 [Clause 7], leave out from ‘that’ to end of line 34 and insert ‘any of |
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| | the conditions in subsections (4) to (6A) of section 6 is no longer met.’. |
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| | Page 6, line 41 [Clause 7], leave out from ‘whether’ to second ‘the’ in line 43 and |
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| | insert ‘any of the conditions in subsections (4) to (6A) of section 6 is no longer met.’. |
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| | Page 7, line 3 [Clause 7], at end insert— |
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| | | ‘( ) | In relation to proceedings before the Court of Session— |
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| | | (a) | the reference in subsection (3) to the completion of the pre-trial |
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| | | disclosure exercise is a reference to the fixing of a hearing to determine |
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| | | the merits of the proceedings, and |
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| | | (b) | the reference in subsection (6)(b) to when the pre-trial disclosure exercise |
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| | | is to be considered to have been completed is a reference to what |
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| | | constitutes a hearing to determine the merits of the proceedings.’. |
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| | Page 7, line 4, leave out Clause 8. |
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| | Page 7, line 18 [Clause 8], at end add ‘and that damage outweighs the public |
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| | interest in the fair and open administration of justice’. |
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| | Page 7, line 20 [Clause 8], leave out ‘consider requiring’ and insert ‘require’. |
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| | Page 7, line 22 [Clause 8], at end insert ‘sufficient to enable the party to whom the |
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| | summary is provided to give effective instructions on the undisclosed material to their |
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| | legal representatives and special advocates.’. |
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| | Page 8, line 1, leave out Clause 9. |
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| | Page 8, line 25, leave out Clause 10. |
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| | Page 8, line 30, leave out Clause 11. |
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| | Page 9, line 7 [Clause 11], leave out ‘section 12’ and insert ‘sections (Reports on |
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| | use of closed material procedure) to 12’. |
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| | Page 9, line 11 [Clause 11], at end insert— |
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| | | ‘( ) | proceedings on, or in relation to, an application for a revocation under |
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| | | ( ) | proceedings on, or in relation to, a decision of the court to make a |
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| | | revocation under that section of its own motion.’. |
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| | Page 9, line 13 [Clause 11], leave out ‘section 12’ and insert ‘sections (Reports on |
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| | use of closed material procedure) to 12’. |
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| | Page 9, line 16, leave out Clause 12. |
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| | Page 9, line 17 [Clause 12], leave out ‘11’ and insert ‘(Review of sections 6 to 11)’. |
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| | Page 9, line 41 [Clause 12], leave out ‘11’ and insert ‘(Review of sections 6 to 11)’. |
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| | Page 10, line 4, leave out Clause 13. |
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| | Page 11, line 17, leave out Clause 14. |
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| | Page 12, line 25, leave out Clause 15. |
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| | | Page 12, line 37 [Clause 15], at end insert ‘where that information relates to |
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| | national security or the interests of the United Kingdom.’. |
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| | | Page 12, line 38 [Clause 15], leave out ‘an’ and insert ‘a foreign’. |
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| | | Page 12, line 40 [Clause 15], leave out ‘an’ and insert ‘a foreign’. |
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| | | Page 12, line 41 [Clause 15], leave out paragraph (d). |
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| | Page 13, line 40, leave out Clause 16. |
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| | Page 14, line 9 [Clause 16], leave out ‘and 11’ and insert ‘, 11 and (Review of |
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| | Page 16, line 5 [Schedule 1], after ‘person’, insert ‘elected as the Chair or’. |
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| | Page 16, line 7 [Schedule 1], after ‘(2)’, insert ‘The Chair or’. |
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| | Page 16, line 12 [Schedule 1], after ‘is’, insert ‘the Chair or’. |
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| | Page 16, line 16 [Schedule 1], leave out ‘Parliament by virtue of which the person |
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| | is a member of the ISC’ and insert ‘Commons’. |
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| | Page 16, line 31 [Schedule 1], leave out ‘(6)’ and insert ‘(5)’. |
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| | Page 17, line 4 [Schedule 1], leave out sub-paragraph (6) and insert— |
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| | | ‘( ) | The ISC may take evidence on oath, and for that purpose may administer oaths.’. |
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| | Page 17, line 6 [Schedule 1], at end insert— |
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| | | ‘Funding and other resources |
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| | | (a) | may make payments to either House of Parliament in respect of any |
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| | | expenditure incurred, or to be incurred, by either House in relation to |
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| | | (b) | may provide staff, accommodation or other resources to either House |
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| | | of Parliament for the purposes of the ISC, |
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| | | (c) | may make payments, or provide staff, accommodation or other |
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| | | resources, to the ISC, or |
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| | | (d) | may otherwise make payments, or provide staff, accommodation or |
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| | | other resources, to any person for the purposes of the ISC.’. |
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| | Page 18, line 39 [Schedule 1], after ‘not’ insert ‘otherwise’. |
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