Justice and Security Bill [HL]

Page 1, line 5, leave out “body” and insert “Select Committee of Parliament to be”

Leave out Clause 1

Page 14, line 3, at end insert—

The ISC may consider the proposed appointment of the following including by questioning the prospective appointee at a meeting of the ISC—

(a) the Head of the Security Service;

(b) the Head of the Secret Intelligence Service;

(c) the Head of the Government Communication Headquarters; and

(d) such other persons as the Prime Minister may direct.”

Page 14, line 3, at end insert—

(1) The ISC shall each year call the heads of the Agencies and the Secretary of State to give evidence before them in a session open to the public.

(2) In this section “heads of the Agencies” means—

(a) the Director-General of the Security Service;

(b) the Chief of the Secret Intelligence Service; and

(c) the Director of the Government Communications Headquarters.”

Page 14, line 42, leave out paragraphs (a) and (b) and insert—

“(a) the Secretary of State for that Department, or

(b) in the case of a Department without a Secretary of State, a Minister of the equivalent level, identified in a memorandum of understanding.”

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

Leave out Clause 2

Page 2, line 35, leave out from “matter” to end of line 38 and insert “is—

(a) sensitive information (as defined in paragraph 4 of Schedule 1);

(b) information which, in the interests of national security, should not be disclosed; or

(c) of such a nature, that it would be prejudicial to the continued discharge of the functions of the Security Service, and the Secret Intelligence Service, the Government Communications Headquarters or any person carrying out activities falling within section 2(2).

(4A) Matters considered to fall under subsection (4)(c) shall be set out in a memorandum of understanding.”

Leave out Clause 3

Leave out Clause 4

Leave out Clause 5

Page 4, line 18, leave out from “The” to first “a” in line 19 and insert “court seised of relevant civil proceedings may, on application of either party or of its own motion, make”

Page 4, line 21, leave out “must, on an application under subsection (1),” and insert “may”

Page 4, line 27, at end insert—

“(c) the degree of harm to the interests of national security if the material is disclosed would be likely to outweigh the public interest in the fair and open administration of justice”

Page 4, line 27, at end insert—

“( ) a fair determination of the proceedings is not possible by any other means”

Page 4, line 30, leave out paragraph (a)

Page 4, line 42, at end insert—

“( ) Before making a declaration under subsection (2), the court must consider whether a claim for public interest immunity could have been made in relation to the material.”

Page 5, line 33, at end insert “and that damage outweighs the public interest in the fair and open administration of justice”

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

Page 5, line 37, at end insert “sufficient to enable the party to whom the summary is provided to give effective instructions on the undisclosed material to their legal representatives and special advocates”

Page 5, line 38, after “ensure” insert “so far as it is possible to do so”

Page 7, line 14, at end insert—

“( ) Rules of court relating to section 6 proceedings must make provision—

(a) requiring the court concerned to notify relevant representatives of the media of proceedings in which an application for a declaration under section 6 has been made,

(b) providing for any person notified under paragraph (a) to intervene in the proceedings,

(c) providing for a stay or sist of relevant civil proceedings to enable anyone notified under paragraph (a) to consider whether to intervene in the proceedings,

(d) enabling any party to the proceedings or any intervener to apply to the court concerned for a determination of whether there continues to be justification for not giving full particulars of the reasons for decisions in the proceedings, and

(e) requiring the court concerned, on an application under paragraph (d), to publish such of the reasons for decision as the court determines can no longer be justifiably withheld.”

Page 8, line 1, leave out subsection (2)

Page 10, line 7, after “is” insert “certified”

Page 10, line 8, at beginning insert ““Certified”

Page 10, line 9, leave out paragraphs (a) to (d)

Page 10, line 16, at end insert “because it is—

(i) UK intelligence information the disclosure of which would reveal the identity of UK intelligence officers or their sources, or their capability (including the techniques and methodology that they use); or

(ii) foreign intelligence material provided confidentially by another country”

Page 10, line 18, leave out “contrary to the public interest” and insert “damaging to the interests of national security”

Page 10, line 23, leave out subsection (5)

Page 11, line 14, leave out “ground” and insert “grounds”

Page 11, line 15, leave out “That ground is” and insert “Those grounds are—

(a) ”

Page 11, line 17, leave out “contrary to the public interest” and insert “damaging to the interests of national security”

Page 11, line 18, at end insert—

“(b) that the harm caused by the disclosure of the information is outweighed by the need to ensure an effective remedy for serious human rights violations”

Page 11, line 20, leave out “ground” and insert “grounds”

Page 11, line 27, leave out paragraph (b)

Insert the following new Clause—

“Reporting and review

(1) As soon as reasonably practicable after the end of every three month period the Secretary of State must—

(a) prepare a report about his exercise of the powers conferred on him under this Part of this Act during that period; and

(b) lay a copy of that Report before Parliament.

(2) The person appointed by the Secretary of State to review the operation of the provisions of the Terrorism Act 2000 and Part 1 of the Terrorism Act 2006 must also carry out an annual review of the operation of the provisions of this Part of this Act.”

Insert the following new Clause—

“Annual renewal

(1) The Secretary of State’s powers under Part 2 of this Act expire at the end of the period of one year beginning with the day on which this Act is passed.

(2) The Secretary of State may, by order made by statutory instrument, provide that the Secretary of State’s powers under Part 2 of this Act are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection but are to continue in force after that time for a period not exceeding one year.

(3) An order under this section may not be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.”