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| | Justice and Security Bill [Lords], As Amended
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| | Page 1, line 7 [Clause 1], leave out ‘nine’ and insert ‘an elected Chair and eight |
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| | Page 1, line 9 [Clause 1], at end insert— |
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| | | ‘(2A) | The Chair is to be a member of the House of Commons elected in the same way |
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| | | as the Chairs of Departmental Select Committees. |
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| | | (2B) | A person is not eligible to be elected as Chair of the ISC unless that person— |
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| | | (a) | has received the formal consent in writing of the Prime Minister to that |
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| | | person’s candidature, and |
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| | | (b) | is not a Minister of the Crown.’. |
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| | Page 2, line 3 [Clause 1], leave out subsection (6). |
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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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| | | ‘(6) | 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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| | | 2A | A Minister of the Crown— |
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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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5 | | |
| | | (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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10 | | 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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| | | As an Amendment to Mr Kenneth Clarke’s proposed Amendment (No. 58):— |
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| | | ‘(e) | may make payments to the Independent Parliamentary Standards |
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| | | Authority and House of Lords in respect of any expenditure incurred, or |
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| | | to be incurred, in relation to remuneration payable to ISC members in |
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| | | respect of their membership of the ISC.’. |
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| | Page 17, line 38 [Schedule 1], leave out from ‘ISC’ to end of line 43. |
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| | Page 18, line 34 [Schedule 1], leave out from ‘private’ to end of line 3 on page 19 |
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| | and insert ‘from a person subject to the Official Secrets Act 1989. |
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| | | (2) | The ISC may only publish or disclose the information— |
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| | | (a) | by way of a report under section 3, |
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| | | (b) | if the ISC and the Prime Minister are satisfied that publication or |
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| | | disclosure would not be prejudicial to the continued discharge of the |
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| | | functions of the Security Service, the Secret Intelligence Service, the |
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| | | Government Communications Headquarters or any person carrying out |
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| | | activities falling within section 2(2), or |
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| | | (c) | if publication or disclosure is necessary for the ISC to comply with any |
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| | | enactment or rule of law.’. |
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| | Page 18, line 39 [Schedule 1], after ‘not’ insert ‘otherwise’. |
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| | Page 18, line 42 [Schedule 1], at end insert— |
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| | | ‘(za) | the ISC and the Prime Minister are satisfied that publication or |
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| | | disclosure would not be prejudicial to the continued discharge of the |
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| | | functions of the Security Service, the Secret Intelligence Service, the |
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| | | Government Communications Headquarters or any person carrying |
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| | | out activities falling within section 2(2),’. |
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| | Page 19 [Schedule 1], leave out from line 4 to end of line 7 and add— |
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| | | ‘Protection for proceedings of the ISC |
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| | | 6 | No part of the proceedings of the ISC, including evidence given to the ISC may |
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| | | be used in any civil, criminal or disciplinary proceedings, except in the case of |
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| | | evidence given in bad faith.’. |
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| | Page 19, line 5 [Schedule 1], at beginning insert— |
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| | | ‘(1) | Evidence given by a person who is a witness before the ISC may not be used |
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| | | in any civil or disciplinary proceedings, unless the evidence was given in bad |
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| | Page 19, line 6 [Schedule 1], leave out ‘, civil or disciplinary’. |
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| | Amendments to Clauses 2 to 5 |
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| | Page 2, line 21 [Clause 2], after ‘ISC’, insert ‘(whether or not in response to a |
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| | Page 2, line 29 [Clause 2], at end insert— |
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| | | ‘(4A) | Subsections (3) and (4) do not apply where a plausible claim has been made by |
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| | | or on behalf of an individual to the ISC that the Security Service, the Secret |
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| | | Intelligence Service or the Government Communications Headquarters has |
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| | | disseminated any information to any recipient concerning any person that appears |
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| | | (a) | materially false; and |
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| | | (b) | harmful to the person defamed. |
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| | | (4B) | In any case where subsection (4A) applies, the ISC shall fully and expeditiously |
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| | | investigate the claim and, where the claim appears to be well founded, shall |
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| | | ensure that the misinformation is expeditiously corrected.’. |
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| | Page 2, line 29 [Clause 2], at end insert— |
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| | | ‘(4A) | The ISC shall consider the proposed appointment of the following, including by |
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| | | questioning the prospective appointee at a meeting of the ISC— |
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| | | (a) | the Head of the Security Service; |
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| | | (b) | the Head of the Secret Intelligence Service; |
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| | | (c) | the Head of the Government Communications Headquarters; and |
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| | | (d) | such other persons as the Prime Minister may direct. |
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| | | (4B) | The ISC may consider the appropriateness of holding hearings considering each |
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| | | prospective appointee’s proposed appointment in public.’. |
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| | Amendments to Schedules 2 and 3 |
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| | Page 19, line 31 [Schedule 2], at end insert ‘, and |
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| | | (b) | after “Committee” insert “of Parliament”.’. |
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| | Page 20, line 18 [Schedule 2], at end insert ‘, and |
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| | | (b) | after “Committee” insert “of Parliament”.’. |
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| | Page 21, line 35 [Schedule 2], leave out ‘7(2)’ and insert ‘7(1)’. |
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| | | Bill read the third time on Division and passed, with amendments. |
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