Justice and Security Bill [HL]

[Supplementary to the Second Marshalled List]

Clause 10



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 (ii) above including the power to strike out a case or discharge any declaration made under section 6(1).”

Clause 13



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”


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


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”

Prepared 12th July 2012