Justice and Security Bill

Line 2, at beginning insert “If the court considers that a fair determination of the proceedings is not possible by any other means,”

Line 20, leave out subsection (1D) and insert—

“(1D) The second condition is that 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.”

Line 20, leave out from “that” to “in” in line 21 and insert “in balancing the public interest in open justice, it is necessary for the fair and just determination of the issues”

Line 6, leave out from “longer” to “in” in line 7 and insert “necessary for the fair and just determination of the issues”

Line 10, leave out from “longer” to “in” in line 11 and insert “necessary for the fair and just determination of the issues”

Line 19, leave out from “be” to “in” in line 20 and insert “necessary for the fair and just determination of the issues”

Line 4, at end insert—

“(1A) Before appointing the reviewer under subsection (1), the Secretary of State must consult—

(a) the Lord Chief Justice of England and Wales,

(b) the Lord President of the Court of Session, and

(c) the Lord Chief Justice of Northern Ireland.”

Line 6, leave out “five” and insert “four”

Line 7, at end insert “(the “first review period”) and must carry out a further review at the end of each period of five years after the end of the first review period”

Line 23, at end insert—

“(8) Within one month after laying a copy of a report before Parliament under subsection (5), the Secretary of State may, by order made by statutory instrument (a “renewal order”), direct that sections 6 to 10 shall continue to have effect after the passing of the order.

(9) A renewal 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.

(10) If no renewal order is made within 90 days after the Secretary of State has laid a copy of a report before Parliament under subsection (5), sections 6 to 10 shall cease to have effect, except in relation to proceedings in which a declaration under section 6(1) has already been made.

(11) In this section “90 days” means 90 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946.”