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| | Justice and Security Bill [Lords], As Amended
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| | Amendments to Clause 6, other than amendments to 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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| | 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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| | New Clauses relating to Cases to which proceedings under Clause 6 are |
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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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| | Amendments to leave out any of Clauses 6 to 14 |
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| | Page 4, line 29, leave out Clause 6. |
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| | Page 6, line 25, leave out Clause 7. |
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| | Page 7, line 4, leave out Clause 8. |
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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 16, leave out Clause 12. |
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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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| | Remaining New Clauses and New Schedules Relating to part 2 |
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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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| | | Negatived on division NC4 |
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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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