Legislative Scrutiny: Justice and Security Bill

Human Rights Joint Committee - Fourth Report
Legislative Scrutiny: Justice and Security Bill

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 6 November 2012.

Contents

Information provided by the Department

Our scrutiny of the Bill

The purpose of this Report

Changes from the Green Paper

The Rights and Principles at Stake

The test to be applied by Parliament

2 The scope of the Bill

The Bill's narrower scope compared to the Green Paper

What material is intended to be protected by CMPs?

The scope of the Bill's Norwich Pharmacal provisions

The power to extend the Bill's scope

3 Extension of Closed Material Procedures to all Civil Proceedings

Evidence of the need for change

Equality of arms

Judicial balancing at the "gateway"

Strict necessity: CMPs only as a last resort

Judicial balancing in the CMP

The "AF (No. 3) disclosure obligation" ("gisting")

4 Reform of the courts' residual disclosure ("Norwich Pharmacal") jurisdiction

Introduction

The effect of the Bill

Absolute protection for the control principle?

What "sensitive information" is intended to be exempt?

A more proportionate response to the problem

5 Freedom of the media and public trust in the judiciary

6 Reporting, review and renewal

Conclusions and recommendations

Formal Minutes

Declaration of Lords' Interests

Witnesses

List of written evidence

List of written evidence published on the Internet

Written evidence

List of Reports from the Committee during the current Parliament