(c) is to be read as requiring a court or tribunal to act in a manner
inconsistent with Article 6 of the Human Rights Convention.

Closed material procedure: immigration

13 Certain exclusion, naturalisation and citizenship decisions

5After section 2B of the Special Immigration Appeals Commission Act 1997
(appeals against certain deprivation of citizenship decisions) insert—

“2C Jurisdiction: review of certain exclusion decisions

(1) Subsection (2) applies in relation to any direction about the exclusion of
a non-EEA national from the United Kingdom which—

(a) 10is made by the Secretary of State wholly or partly on the ground
that the exclusion from the United Kingdom of the non-EEA
national is conducive to the public good,

(b) is not subject to a right of appeal, and

(c) is certified by the Secretary of State as a direction that was made
15wholly or partly in reliance on information which, in the
opinion of the Secretary of State, should not be made public—

(i) in the interests of national security,

(ii) in the interests of the relationship between the United
Kingdom and another country, or

(iii) 20otherwise in the public interest.

(2) The non-EEA national to whom the direction relates may apply to the
Special Immigration Appeals Commission to set aside the direction.

(3) In determining whether the direction should be set aside, the
Commission must apply the principles which would be applied in
25judicial review proceedings.

(4) If the Commission decides that the direction should be set aside, it may
make any such order, or give any such relief, as may be made or given
in judicial review proceedings.

(5) In this section—

• 30“non-EEA national” means any person who is not a national of an
  EEA state,

and references in this section to the Secretary of State are to the
Secretary of State acting in person.

2D Jurisdiction: review of certain naturalisation and citizenship decisions

(1) 35Subsection (2) applies in relation to any decision of the Secretary of
State which—

(a) is either—

(i) a refusal to issue a certificate of naturalisation under
section 6 of the British Nationality Act 1981 to an
40applicant under that section, or

(ii) a refusal to grant an application of the kind mentioned
in section 41A of that Act (applications to register an
adult or young person as a British citizen etc.), and

(b) is certified by the Secretary of State as a decision that was made
wholly or partly in reliance on information which, in the
opinion of the Secretary of State, should not be made public—

(i) in the interests of national security,

(ii) 5in the interests of the relationship between the United
Kingdom and another country, or

(iii) otherwise in the public interest.

(2) The applicant to whom the decision relates may apply to the Special
Immigration Appeals Commission to set aside the decision.

(3) 10In determining whether the decision should be set aside, the
Commission must apply the principles which would be applied in
judicial review proceedings.

(4) If the Commission decides that the decision should be set aside, it may
make any such order, or give any such relief, as may be made or given
15in judicial review proceedings.”

Closed material procedure: employment

14 Use of intercept evidence in employment cases involving national security

(1) Section 18 of the Regulation of Investigatory Powers Act 2000 (exclusion of
intercepted communications etc. from legal proceedings: exceptions) is
20amended as follows.

(2) In subsection (1), after paragraph (d) insert—

“(dza) any proceedings before an employment tribunal, or (in
Northern Ireland) an industrial tribunal, where the applicant or
the applicant’s representatives are excluded for all or part of the
25proceedings pursuant to—

(i) a direction to the tribunal by virtue of section 10(5)(b) or
(c) of the Employment Tribunals Act 1996 or (as the case
may be) Article 12(5)(b) or (c) of the Industrial Tribunals
(Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18)S.I. 1996/1921 (N.I. 18))
30(exclusion from Crown employment proceedings by
direction of Minister in interests of national security), or

(ii) a determination of the tribunal by virtue of section 10(6)
of that Act or (as the case may be) Article 12(6) of that
Order (determination by tribunal in interests of national
35security),

or any proceedings arising out of such proceedings;

(dzb) any proceedings on an appeal under Article 80(2) of the Fair
Employment and Treatment (Northern Ireland) Order 1998 (S.I.
1998/3162 (N.I. 21)) where—

(i) 40the appeal relates to a claim of discrimination in
contravention of Part 3 of that Order (employment
cases) and to a certificate of the Secretary of State that the
act concerned was justified for the purpose of
safeguarding national security, and

(ii) 45a party to the appeal or the party’s representatives are
excluded for all or part of the proceedings by virtue of
section 91(4)(b) of the Northern Ireland Act 1998,

or any proceedings arising out of such proceedings;”.

(3) In subsection (2)—

(a) in the opening words, for “(db)” substitute “(dza)”,

(b) after “anything—” insert—

“(zza) 5in the case of proceedings falling within paragraph
(dza), to—

(i) the person who is or was the applicant in the
proceedings before the employment or
industrial tribunal, or

(ii) 10any person who for the purposes of proceedings
so falling (but otherwise than by virtue of
appointment as a special advocate) represents
that person;

(zzb) in the case of proceedings falling within paragraph
15(dzb), to—

(i) any person who is or was excluded from all or
part of the proceedings on appeal under Article
80(2) of the Fair Employment and Treatment
(Northern Ireland) Order 1998, or

(ii) 20any person who for the purposes of proceedings
so falling (but otherwise than by virtue of
appointment as a special advocate) represents
that person;”.

“Norwich Pharmacal” and similar jurisdictions

15 25Disclosure proceedings

(1) This section applies where, by way of civil proceedings, a person (“A”) seeks
the disclosure of information by another person (“B”) on the grounds that—

(a) wrongdoing by another person (“C”) has, or may have, occurred,

(b) B was involved with the carrying out of the wrongdoing (whether
30innocently or not), and

(c) the disclosure is reasonably necessary to enable redress to be obtained
or a defence to be relied on in connection with the wrongdoing.

(2) A court may not, in exercise of its residual disclosure jurisdiction, order the
disclosure of information sought (whether that disclosure would be to A or to
35another person) if the information is sensitive information.

(3) “Sensitive information” means information—

(a) held by an intelligence service,

(b) obtained from, or held on behalf of, an intelligence service,

(c) derived in whole or part from information obtained from, or held on
40behalf of, an intelligence service,

(d) relating to an intelligence service, or

(e) specified or described in a certificate issued by the Secretary of State, in
relation to the proceedings, as information which B should not be
ordered to disclose.

(4) The Secretary of State may issue a certificate under subsection (3)(e) only if the
Secretary of State considers that it would be contrary to the public interest for
B to disclose—

(a) the information,

(b) 5whether the information exists, or

(c) whether B has the information.

(5) For the purposes of subsection (4) a disclosure is contrary to the public interest
if it would cause damage—

(a) to the interests of national security, or

(b) 10to the interests of the international relations of the United Kingdom.

(6) In this section—

• “enactment” means an enactment whenever passed or made and includes
  an enactment contained in—

  (a)

  an Act of the Scottish Parliament,

  (b)

  15Northern Ireland legislation, or

  (c)

  a Measure or Act of the National Assembly for Wales,

• “Her Majesty’s forces” has the same meaning as in the Armed Forces Act
  2006,

• “information” includes—

  (a)

  20information contained in any form of document or stored in any
  other way, and

  (b)

  alleged information,

• “intelligence service” means—

  (a)

  the Security Service,

  (b)

  25the Secret Intelligence Service,

  (c)

  the Government Communications Headquarters, or

  (d)

  any part of Her Majesty’s forces, or of the Ministry of Defence,
  which engages in intelligence activities,

• “obtained” means obtained directly or indirectly,

• 30“residual disclosure jurisdiction” means any jurisdiction to order the
  disclosure of information which is not specifically conferred as such a
  jurisdiction by or under an enactment.

(7) This section—

(a) enables the Secretary of State to issue a certificate under subsection
35(3)(e) where the Secretary of State is B as it enables the Secretary of State
to issue such a certificate where another person is B, and

(b) does not restrict any other right or privilege that the Secretary of State
can claim in order to resist an application for the disclosure of
information.

16 40Review of certification

(1) Where the Secretary of State has issued a certificate under section 15(3)(e) in
relation to proceedings, any party to the proceedings may apply to the relevant
court to set aside the decision on the ground in subsection (2).

(2) That ground is that the Secretary of State ought not to have determined, in
45relation to the information specified or described in the certificate, that a
disclosure by B as mentioned in section 15(4) would be contrary to the public
interest.

(3) In determining whether the decision to issue the certificate should be set aside
on the ground in subsection (2), the relevant court must apply the principles
which would be applied in judicial review proceedings.

(4) Proceedings arising by virtue of this section are to be treated as section 6
5proceedings for the purposes of sections 8 to 12.

(5) Sections 8 to 12 apply in relation to proceedings treated as section 6
proceedings by subsection (4) as if—

(a) the Secretary of State were the relevant person, and

(b) the references to the interests of national security in sections 8 and 11
10were references to the interests of national security or the interests of
the international relations of the United Kingdom.

(6) In this section “relevant court” means—

(a) if the court seised of the proceedings in relation to which the certificate
has been issued is a county court, the High Court,

(b) 15if the court seised of those proceedings is the sheriff, the Court of
Session, and

(c) in any other case, the court seised of those proceedings.

Part 3 General

17 20Consequential and transitional etc. provision

(1) Schedules 2 and 3 (which make consequential and transitional provision) have
effect.

(2) The Secretary of State may by order made by statutory instrument make such
transitional, transitory or saving provision as the Secretary of State considers
25appropriate in connection with the coming into force of any provision of this
Act.

18 Commencement, extent and short title

(1) The following provisions—

(a) section 1 and Schedule 1,

(b) 30sections 2 to 16,

(c) section 17(1) (except so far as relating to paragraph 4 of Schedule 3),

(d) Schedule 2, and

(e) Schedule 3 (other than paragraph 4 of that Schedule),

come into force on such day as the Secretary of State may by order made by
35statutory instrument appoint; and different days may be appointed for
different purposes.

(2) The following provisions—

(a) section 17(1) so far as relating to paragraph 4 of Schedule 3,

(b) paragraph 4 of Schedule 3,

(c) 40section 17(2), and

(d) this section,

come into force on the day on which this Act is passed.

(3) Subject to subsections (4) to (6), this Act extends to England and Wales,
Scotland and Northern Ireland.

(4) In Schedule 2—

(a) the amendments of the Senior Courts Act 1981 extend to England and
5Wales only,

(b) the amendments of the Equality Act 2006 and the Equality Act 2010
extend to England and Wales and Scotland only, and

(c) the amendment of the Race Relations (Northern Ireland) Order 1997
extends to Northern Ireland only.

(5) 10Her Majesty may by Order in Council provide for section 13 and paragraph 9
of Schedule 2 to extend, with or without modifications, to any of the Channel
Islands or to the Isle of Man.

(6) An Order under subsection (5) may, in particular, include (with or without
modifications) transitional provision of the kind permitted by paragraph 4 of
15Schedule 3.

(7) This Act may be cited as the Justice and Security Act 2013.

SCHEDULES

Section 1(7)

SCHEDULE 1 The Intelligence and Security Committee of Parliament

Tenure of office

1 (1) 5Subject as follows, a person appointed as a member of the ISC during a
Parliament holds office for the duration of that Parliament.

(2) A member of the ISC vacates office if—

(a) the person ceases to be a member of the House of Parliament by
virtue of which the person is a member of the ISC,

(b) 10the person becomes a Minister of the Crown, or

(c) a resolution for the person’s removal is passed in the House of
Parliament by virtue of which the person is a member of the ISC.

(3) A member of the ISC may resign at any time by notice given to—

(a) the Chair of the ISC, or

(b) 15in the case of the member who is the Chair of the ISC, the Speaker of
the House of Parliament by virtue of which the person is a member
of the ISC.

(4) A person who ceases to be a member of the ISC is eligible for reappointment.

(5) Section 1(2) does not affect the validity of anything done between the
20occurrence of a vacancy and the vacancy being filled.

(6) Anything which, immediately before the end of a Parliament, is in the
process of being done or omitted to be done by or in relation to the ISC may
be continued by or in relation to the ISC in the new Parliament.

(7) Anything done or omitted to be done by or in relation to the ISC in a
25Parliament (or treated as so done or omitted) is, if in force or effective
immediately before the end of that Parliament, to have effect as if done or
omitted by or in relation to the ISC in the new Parliament so far as that is
required for continuing its effect in that Parliament.

Procedure

2 (1) 30The ISC may determine its own procedure; but this is subject to sub-
paragraphs (2) to (6).

(2) If on any matter there is an equality of voting among the members of the ISC,
the Chair of the ISC has a second or casting vote.

(3) The Chair of the ISC may appoint another member of the ISC to act, in the
35Chair’s absence, as the chair of the ISC at any meeting of it.

(4) A person appointed under sub-paragraph (3) does not enjoy the right
conferred on the Chair of the ISC by sub-paragraph (2).

(5) The quorum of the ISC is three.

(6) Any oath taken by a witness before the ISC may be administered by the
5Chair of the ISC (or, in the Chair’s absence, by a person appointed under
sub-paragraph (3)).

Access to information

3 (1) This paragraph applies to information requested by the ISC in the exercise
of its functions that—

(a) 10does not relate to any particular operational matter, or

(b) relates to a particular operational matter that the ISC is considering
under section 2(3)(a) or (b).

(2) If the Director-General of the Security Service, the Chief of the Secret
Intelligence Service or the Director of the Government Communications
15Headquarters is asked by the ISC to disclose the information, then, as to the
whole or any part of the information which is sought, that person must
either—

(a) arrange for it to be made available to the ISC subject to and in
accordance with a memorandum of understanding under section 2,
20or

(b) inform the ISC that the information cannot be disclosed because the
Secretary of State has decided that it should not be disclosed.

(3) If the ISC asks a government department or any part of a government
department to disclose the information, then, as to the whole or any part of
25the information which is sought, the relevant Minister of the Crown must
either—

(a) arrange for it to be made available to the ISC subject to and in
accordance with a memorandum of understanding under section 2,
or

(b) 30inform the ISC that the information cannot be disclosed because the
Secretary of State has decided that it should not be disclosed.

(4) The Secretary of State may decide under sub-paragraph (2)(b) or (3)(b) that
information should not be disclosed only if the Secretary of State considers
that—

(a) 35it is—

(i) sensitive information (as defined in paragraph 4), and

(ii) information which, in the interests of national security,
should not be disclosed to the ISC, or

(b) it is information of such a nature that, if the Secretary of State were
40requested to produce it before a Departmental Select Committee of
the House of Commons, the Secretary of State would consider (on
grounds which were not limited to national security) it proper not to
do so.

(5) In deciding for the purposes of sub-paragraph (4)(b) whether it would be
45proper not to disclose information, the Secretary of State must have regard
to any guidance issued by a Minister of the Crown or a government

department concerning the provision of evidence by civil servants to Select
Committees.

(6) The disclosure of information to the ISC in accordance with sub-paragraph
(2) is to be regarded for the purposes of the Security Service Act 1989 or the
5Intelligence Services Act 1994 as necessary for the proper discharge of the
functions of the Security Service, the Secret Intelligence Service or (as the
case may be) the Government Communications Headquarters.

(7) In this paragraph “relevant Minister of the Crown”, in relation to a request
for information, means—

(a) 10such Minister of the Crown as is identified, for the purposes of
requests of that description, in a memorandum of understanding
under section 2, or

(b) if no Minister of the Crown is so identified, any Minister of the
Crown.

15Sensitive information

4 The following information is sensitive information for the purposes of
paragraph 3(4)(a)—

(a) information which might lead to the identification of, or provide
details of, sources of information, other assistance or operational
20methods available to—

(i) the Security Service,

(ii) the Secret Intelligence Service,

(iii) the Government Communications Headquarters, or

(iv) any part of a government department, or any part of Her
25Majesty’s forces, which is engaged in intelligence or security
activities,

(b) information about particular operations which have been, are being
or are proposed to be undertaken in pursuance of any of the
functions of the persons mentioned in paragraph (a)(i) to (iv),

(c) 30information provided by, or by an agency of, the Government of a
country or territory outside the United Kingdom where that
Government does not consent to the disclosure of the information.

Publication of information received in private

5 (1) This paragraph applies to information received by the ISC in private in
35connection with the exercise of its functions.

(2) The ISC—

(a) may only publish the information by way of a report under section
3, and

(b) must not disclose the information to any person if the ISC considers
40that there is a risk that the person will publish it.

(3) The restrictions on publication and disclosure of information in sub-
paragraph (2) do not apply if—

(a) publication or disclosure is necessary for the ISC to comply with any
enactment or rule of law, or

(b) 45the information has on an earlier occasion been disclosed to the
public, in circumstances which do not contravene—

(i) sub-paragraph (2), or

(ii) any other enactment or rule of law prohibiting or restricting
the disclosure of information.

Protection for witnesses

6 5Evidence given by a person who is a witness before the ISC may not be used
against the person in any criminal, civil or disciplinary proceedings, unless
the evidence was given in bad faith.

Section 17(1)

SCHEDULE 2 Consequential provision

10Part 1 Oversight of intelligence and security activities

Intelligence Services Act 1994 (c. 13)1994 (c. 13)

1 The following provisions of the Intelligence Services Act 1994 are repealed—

(a) section 10 (the Intelligence and Security Committee),

(b) 15section 11(1)(c) (the definition of “Minister of the Crown”), and

(c) Schedule 3 (further provision about the Intelligence and Security
Committee).

Data Protection Act 1998 (c. 29)1998 (c. 29)

2 In section 63A of the Data Protection Act 1998 (application to Parliament)—

(a) 20in subsection (2), after “Commons,” insert “other than where they are
determined by or on behalf of the Intelligence and Security
Committee of Parliament,”, and

(b) in subsection (3), after “Lords,” insert “other than where they are
determined by or on behalf of the Intelligence and Security
25Committee of Parliament,”.

Northern Ireland Act 1998 (c. 47)1998 (c. 47)

3 In section 69B(1)(a) of the Northern Ireland Act 1998 (disregarding notice of
the Northern Ireland Human Rights Commission where it requires the
disclosure of sensitive information) for “paragraph 4 of Schedule 3 to the
30Intelligence Services Act 1994 (c. 13)1994 (c. 13)” substitute “paragraph 4 of Schedule 1
to the Justice and Security Act 2013”.

Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)

4 In section 60(1) of the Regulation of Investigatory Powers Act 2000 (duty to
disclose documents and provide information to the Intelligence Services
35Commissioner) for “section 59” substitute “sections 59 and 59A”.