Justice and Security Bill [HL]

Page 14, line 34, at end insert—

“( ) In deciding for the purposes of sub-paragraph (3)(b) whether it would be proper not to disclose information, the Minister 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.”

Page 4, line 35, at end insert “and any other enactment which would prevent the party from disclosing the material but would not do so if the proceedings were proceedings in relation to which there was a declaration under this section.”

Page 5, line 10, at end insert—

“( ) Rules of court must make provision—

(a) requiring the Secretary of State, before making an application under subsection (1), to give notice of the Secretary of State’s intention to make an application to all of the parties to the relevant civil proceedings,

(b) requiring the Secretary of State to inform all of the parties to the relevant civil proceedings of the outcome of the application.”

Page 5, line 17, leave out “or”

Page 5, line 18, at end insert “, or

( ) the Supreme Court”

Page 8, line 5, at end insert—

“( ) may not be exercised so as to add inquests or, in the case of Scotland, inquiries under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976,”

Page 8, line 19, at end insert—

“(4A) An order under subsection (2) which makes provision in relation to a tribunal falling within subsection (4B) may be made, in relation to proceedings in Scotland, only with the consent of the Scottish Ministers.

(4B) A tribunal falls within this subsection if—

(a) the tribunal has any functions which, if conferred by an Act of the Scottish Parliament, would be within the legislative competence of the Scottish Parliament, and

(b) any power to make provision regulating the practice or procedure of the tribunal (whether by rules or otherwise) is or has been exercisable by the Scottish Ministers at any time on or after the day on which this subsection came into force.”

Insert the following new Clause—

“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 amended 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 proceedings 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)) (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 security),

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

Page 19, line 33, at end insert—

“( ) Sub-paragraph (1) does not apply to rules of court in relation to proceedings before the Supreme Court.”

Page 20, line 25, at end insert—

“3A (1) An order under section 15(2) may, in particular, make provision about the application of section 12, and paragraphs 7, 8 and 10 of Schedule 2, to any direction or decision of the Secretary of State which—

(a) is of a kind falling within section 2C(1)(a) and (b) or (as the case may be) 2D(1)(a) of the Special Immigration Appeals Commission Act 1997, and

(b) was made before the section 12 commencement day.

(2) Provision of the kind mentioned in sub-paragraph (1) may, in particular, provide for—

(a) the Secretary of State to certify under section 2C(1)(c) or (as the case may be) 2D(1)(b) of the Special Immigration Appeals Commission Act 1997, on or after the section 12 commencement day, any direction or decision falling within sub-paragraph (1),

(b) the termination of any judicial review proceedings, or proceedings on appeal from such proceedings, which relate to a direction or decision which is so certified (whether such proceedings began before, on or after the section 12 commencement day).

(3) In this paragraph “the section 12 commencement day” means the day on which section 12 comes into force.”

Page 12, line 4, leave out from beginning to “come” and insert “The following provisions—

(a) section 1 and Schedule 1,

(b) sections 2 to 14,

(c) section 15(1) (except so far as relating to paragraph 3A of Schedule 3),

(d) Schedule 2, and

(e) Schedule 3 (other than paragraph 3A of that Schedule),”

Page 12, line 7, at beginning insert “The following provisions—

(a) section 15(1) so far as relating to paragraph 3A of Schedule 3,

(b) paragraph 3A of Schedule 3,

(c) ”

Page 12, line 9, leave out “subsection (4)” and insert “subsections (4) to (4B)”

Page 12, line 17, at end insert—

“(4A) Her Majesty may by Order in Council provide for section 12 and paragraph 7 of Schedule 2 to extend, with or without modifications, to any of the Channel Islands or to the Isle of Man.

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

Line 3, leave out “provide for” and insert “make provision about”