Justice and Security Bill [HL]

FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
OF
THE
WHOLE
HOUSE

The amendments have been marshalled in accordance with the Instruction of 27th June 2012, as follows—

Clauses 10 to 15
Schedules 2 and 3
Clause 16

[Amendments marked * are new or have been altered]

Clause 10

LORD HODGSON OF ASTLEY ABBOTTS

LORD DUBS

69

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

BARONESS BERRIDGE

LORD PANNICK

LORD LESTER OF HERNE HILL

69ZA

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 be permitted 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.”

LORD HODGSON OF ASTLEY ABBOTTS

LORD DUBS

69ZB

Page 7, line 23, at end insert—

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

(a) to ensure that the burden of proving or disproving any fact in issue in relevant civil proceedings in which a declaration has been made under section 6(1) shall be upon any party who would (but for the declaration under section 6(1)) be obliged to disclose the material to the excluded party and that the standard of proof shall be to a high degree of conviction;

(b) to ensure that upon the Secretary of State making an application under section 6(1), he shall be obliged to make full and frank unredacted disclosure to the court and Special Advocate of all material and information relevant to—

(i) the issues in the action;

(ii) the admissibility of any evidence in section 6 proceedings;

(iii) the reliability of any such evidence;

(iv) the existence of witnesses or lines of inquiry leading to the discovery of relevant material; or

(v) the appropriate court procedure for determining the issues in the claim;

(c) to ensure that any material which the Special Advocate represents may have procured by torture or by cruel inhuman or degrading treatment is ruled inadmissible unless the contrary is proved to a high degree of conviction;

(d) to ensure that inexpert opinion evidence is inadmissible;

(e) to ensure that the court shall not without the consent of the Special Advocate admit any statement constituting hearsay evidence without—

(i) the source being identified to the court’s satisfaction;

(ii) the court being satisfied that it is impracticable for the source to provide live evidence to the court by oral evidence or video-link and to be available for cross-examination; and

(iii) the court being satisfied that the words of the source are reported or recorded accurately and there is no risk of significant misquotation through multiple hearsay or otherwise;

(f) to empower the court to impose appropriate sanctions for any failure to comply with the duty set out in paragraph (e)(ii) above including the power to strike out a case or discharge any declaration made under section 6(1).”

After Clause 10

LORD THOMAS OF GRESFORD

LORD MARKS OF HENLEY-ON-THAMES

LORD PANNICK

69ZC*

Insert the following new Clause—

“Further provision about section 6 proceedings

The judge at trial of the relevant civil proceedings may not take into account in determining the issues between the parties any material placed before him in section 6 proceedings which would not be relevant and admissible evidence in an open hearing.”

Clause 11

LORD BEECHAM

BARONESS SMITH OF BASILDON

69A

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

LORD HODGSON OF ASTLEY ABBOTTS

LORD DUBS

70

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

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

LORD THOMAS OF GRESFORD

70A

Page 8, line 4, leave out paragraph (a)

70B

Page 8, line 7, leave out from “provision” to end of line 8

Clause 13

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

71

Page 10, line 4, at end insert—

“( ) Section (Statutory PII for national security sensitive material) applies in disclosure proceedings to which this section applies.”

72

Page 10, line 5, at beginning insert “However”

73

Page 10, line 7, leave out “sensitive” and insert “certified control principle”

LORD HODGSON OF ASTLEY ABBOTTS

LORD DUBS

73A

Page 10, line 7, at end insert “provided that nothing in this Act shall prevent a court ordering the disclosure of information relating to the commission of the following wrongs—

(a) genocide;

(b) murder;

(c) torture;

(d) slavery;

(e) cruel inhuman or degrading treatment;

(f) breaches of the Geneva Conventions;

(g) child abuse”

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

74

Page 10, line 8, leave out “Sensitive” and insert “Certified control principle”

LORD BEECHAM

BARONESS SMITH OF BASILDON

74A

Page 10, line 9, leave out paragraph (a)

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

75

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

75A

[Withdrawn]

LORD THOMAS OF GRESFORD

BARONESS HAMWEE

76

Page 10, line 9, leave out paragraphs (a) to (e) and insert “specified or described in a certificate issued by the Secretary of State, in relation to the proceedings, as information which B should not be ordered to disclose”

LORD BEECHAM

BARONESS SMITH OF BASILDON

76A

Page 10, line 10, leave out “an” and insert “a foreign”

76B

Page 10, line 12, leave out “an” and insert “a foreign”

76C

Page 10, line 13, leave out paragraph (d)

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

77

Page 10, line 15, after “information” insert “received in confidence from a foreign intelligence service”

LORD HODGSON OF ASTLEY ABBOTTS

77ZA

Page 10, line 16, at end insert “and which is information communicated in confidence by a foreign government to the intelligence services which is not in the public domain”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

LORD THOMAS OF GRESFORD

77A

Page 10, line 16, at end insert—

“and which is not information relating to conduct which may amount to a breach of UK or international law, including but not limited to the European Convention on Human Rights or the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment”

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

78

Page 10, line 18, leave out “be contrary to the public interest” and insert “breach the control principle”

79

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

BARONESS WILLIAMS OF CROSBY

80

Page 10, line 26, leave out paragraph (b)

LORD BEECHAM

BARONESS SMITH OF BASILDON

80A

Page 10, line 26, leave out “the interests of”

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

81

Page 10, line 27, at end insert—

““control principle” means the mutual understanding between intelligence services that intelligence is shared confidentially and cannot be disclosed without the consent of the intelligence service which provided the intelligence”

LORD PANNICK

 

Lord Pannick gives notice of his intention to oppose the Question that Clause 13 stand part of the Bill.

Clause 14

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

82

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

83

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

(a) ”

84

Page 11, line 17, leave out “be contrary to the public interest” and insert “breach the control principle”

85

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.”

86

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

LORD BEECHAM

BARONESS SMITH OF BASILDON

86A

Page 11, line 21, at end insert “and consider whether the decision to issue the certificate in the interests of national security outweighs the public interest”

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MACDONALD OF RIVER GLAVEN

BARONESS BERRIDGE

87

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

LORD PANNICK

 

Lord Pannick gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill.

After Clause 14

BARONESS BERRIDGE

LORD PANNICK

LORD LESTER OF HERNE HILL

88

Insert the following new Clause—

“Reporting and review

(1) As soon as reasonably practicable after the end of every 3 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.”

BARONESS BERRIDGE

LORD PANNICK

89

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.”

LORD LESTER OF HERNE HILL

LORD PANNICK

90

Insert the following new Clause—

“Overriding objectives

In performing their functions under this Part, the Secretary of State and the court must have regard, in particular—

(a) to the overriding objective of protecting the interests of justice and fairness, and

(b) to the need to ensure that any interference with the principle of open justice is no more than is necessary to protect the interests of national security.”

Prepared 20th July 2012