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

6  Reporting, review and renewal

110.   The Independent Reviewer, in his recent evidence to us, was in favour in principle of annual review by an independent reviewer, not least because of what he described as the danger of "creep":[75]

    a procedure that is introduced in a small way ends up being used quite a lot or a procedure that in introduced as one procedure then crosses the species barrier into another type of procedure and, before you know where you are, it is all around.

111.  In view of the significance of what is being provided for in the Bill, and its radical departure from fundamental common law traditions, we recommend that the Bill be amended to require the Secretary of State to report regularly to Parliament about the use of the exceptional procedures contained in the Bill, and providing for both independent review by the Independent Reviewer and for annual renewal.

112.  The following amendment would give effect to this recommendation:

Page 11, line, 36, after clause 14 insert new clauses—

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.'

'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.'

75   Q85. Back

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Prepared 13 November 2012