Justice and Security Bill [HL]

Page 1, line 6, at end insert—

“( ) The ISC shall be a committee of Parliament.”

Page 1, line 15, leave out subsection (5)

Page 1, line 17, leave out “its members” and insert “the Prime Minister”

Page 13, line 11, leave out paragraph (c)

Page 13, line 15, leave out paragraph (b)

Page 14, line 22, leave out paragraph (b)

Page 14, line 24, leave out sub-paragraph (3)

Page 14, line 40, leave out sub-paragraph (5)

Page 2, line 15, leave out sub-paragraph (i)

Page 2, line 24, at end insert—

“(d) must be approved by Parliament”

Page 2, line 41, at end insert—

“( ) The ISC shall consider any request from a Select Committee of Parliament to the ISC and make a report on any particular issue related to national security and shall report to Parliament whether it has agreed to make such a report.

( ) The ISC shall consider any request from a Select Committee of Parliament for the transfer of information which that Select Committee of Parliament has stated it needs to carry out its functions as a select committee.”

Page 4, line 18, leave out “The Secretary of State” and insert “Any party to relevant proceedings”

Page 4, line 20, at end insert “if the threshold criteria are met”

Page 4, line 20, at end insert—

“( ) The threshold criteria which any party making an application under subsection (1) is required to establish are—

(a) the court has determined the claim for public interest immunity in relation to the material on which the application is based,

(b) the court has excluded material relevant to the issues identified in the claim on the grounds of public interest immunity,

(c) the excluded material includes evidence which would be damaging to national security,

(d) the court agrees to consider an application under subsection (1) on completion of the PII process.”

Page 4, line 21, leave out “must” and insert “may”

Page 4, line 22, leave out from “court” to end of line 27 and insert—

“has considered all relevant material and is satisfied that—

(a) the threshold criteria are met,

(b) a just resolution of the issues identified in the claim cannot be achieved by the PII process or any means other than a closed material procedure, and

(c) there is no serious risk of injustice to either party if the application for a closed material procedure is granted.”

Page 4, line 28, leave out subsection (3) and insert—

“( ) In deciding any application under subsection (1), the court must consider—

(a) the extent to which the PII process or any other procedural means could provide a just resolution of the issues identified in the claim,

(b) the extent to which either party may wish to rely on excluded material relevant to the issues identified in the claim,

(c) the consequence for each party if the application is granted,

(d) the delay or cost (or both) which may be incurred by a closed material procedure following completion of the PII process,

(e) whether it would be in the interests of justice to grant the application.”

Page 4, line 40, leave out from beginning to “a” and insert “have made or ensured another person has made”

Page 5, line 6, leave out “the Secretary of State” and insert “any party”

Page 5, line 15, after “matter” insert “or claims in which conduct alleged against a party may result in such a criminal cause or matter”

Page 5, line 18, at end insert—

““national security” means an operation of the intelligence or military services”

Page 5, line 28, leave out “is always” and insert “may be”

Page 5, line 30, at end insert—

“( ) that where a party is excluded from such an application his interests are represented by a special advocate appointed in advance of the court hearing such application and, if the application is granted, for the duration of the section 6 procedure and trial,”

Page 5, line 31, leave out paragraph (c)

Page 5, line 35, leave out “consider requiring” and insert “require”

Page 5, line 38, leave out paragraph (e)

Page 5, line 40, at end insert—

“( ) that the special advocate is afforded the opportunity to take instructions from the party whose interests he is appointed to represent,

( ) that the special advocate is at liberty to apply to the court at any time if he considers that any relevant material should be disclosed,

( ) that the section 6 proceedings are terminated if at any time the special advocate withdraws from those proceedings subject to section 8(6) below (the claim proceeding on the basis of the court’s prior determination of the application for PII),

( ) that costs are awarded against any party applying for a declaration under section 6 where the court determines that proceedings are not relevant civil proceedings or the threshold criteria are not made out.”

Page 6, line 13, leave out “may” and insert “must”

Page 6, line 14, leave out “in any section 6” and insert “as soon as practicable following notice that an application under section 6 has been made and, if the application is granted, for the duration of”

Page 6, line 24, leave out “not responsible to” and insert “responsible for representing the interests of”

Page 6, line 35, at end insert—

“(6) The special advocate is responsible for providing a summary of excluded material relevant to the issues identified in the claim to the party whose interests he is appointed to represent (and that party’s legal representative).

(7) The special advocate may withdraw from section 6 proceedings if at any time he considers that he is prevented or otherwise unable to properly represent the interests of the excluded party.

(8) The special advocate must report in writing to the ISC at the end of any section 6 proceedings for which he is appointed.

(9) The special advocate is responsible for maintaining confidentiality in respect of any material in section 6 proceedings except insofar as may be necessary to—

(a) comply with his duty to provide a summary of excluded material pursuant to subsection (6), and

(b) refer any material in section 6 proceedings which may amount to a crime to the Crown Prosecution Service.”

Page 6, line 42, leave out subsection (1)

Page 7, line 3, leave out paragraph (b)

Page 8, line 1, leave out subsections (2) to (4)