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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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| | Remaining Amendments to Clauses 7 to 16 |
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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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| | | ‘(7) | 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 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 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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| | | ‘(c) | proceedings on, or in relation to, an application for a revocation under |
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| | | (d) | 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 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 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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| | Bill, as amended, to be further considered tomorrow |
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