Justice and Security Bill [HL] — Commons Amendments — 26 Mar 2013 at 22:00

Amendment 6B, as an amendment to Commons Amendment 6, not moved.

Motion agreed.

Motion on Amendments 7 to 15

Moved by Lord Wallace of Tankerness

That this House do agree with the Commons in their Amendments 7 to 15.

7: Page 5, line 12, leave out "the Secretary of State" and insert "a person"

8: Page 5, line 15, after "section" insert "or proceedings for or about such a declaration"

9: Page 5, line 18, leave out "the Secretary of State" and insert "a person"

10: Page 5, line 19, leave out "(1)" and insert "(1A)(a)"

11: Page 5, line 19, leave out "Secretary of State's" and insert "person's"

12: Page 5, line 20, leave out "all of the parties" and insert "every other person entitled to make such an application in relation"

13: Page 5, line 22, leave out "Secretary of State" and insert "applicant"

14: Page 5, line 22, leave out from "inform" to first "of" in line 23 and insert "every other such person"

15: Page 5, line 32, at end insert-

""sensitive material" means material the disclosure of which would be damaging to the interests of national security."

Motion agreed.

Motion on Amendment 16

Moved by Lord Wallace of Tankerness

That this House do agree with the Commons in their Amendment 16.

16: After Clause 6, insert the following new Clause-

"Review and revocation of declaration under section 6

(1) This section applies where a court seised of relevant civil proceedings has made a declaration under section 6.

(2) The court must keep the declaration under review, and may at any time revoke it if it considers that the declaration is no longer in the interests of the fair and effective administration of justice in the proceedings.

(3) The court must undertake a formal review of the declaration once the pre-trial disclosure exercise in the proceedings has been completed, and must revoke it if it considers that the declaration is no longer in the interests of the fair and effective administration of justice in the proceedings.

(4) The court may revoke a declaration under subsection (2) or (3)-

(a) on the application of-

(i) the Secretary of State (whether or not the Secretary of State is a party to the proceedings), or

(ii) any party to the proceedings, or

(b) of its own motion.

(5) In deciding for the purposes of subsection (2) or (3) whether a declaration continues to be in the interests of the fair and effective administration of justice in the proceedings, the court must consider all of the material that has been put before it in the course of the proceedings (and not just the material on which the decision to make the declaration was based).

(6) Rules of court must make provision-

(a) as to how a formal review is to be conducted under subsection (3),

(b) as to when the pre-trial disclosure exercise is to be considered to have been completed for the purposes of subsection (3).

(7) In relation to proceedings before the Court of Session-

(a) the reference in subsection (3) to the completion of the pre-trial disclosure exercise is a reference to the fixing of a hearing to determine the merits of the proceedings, and

(b) the reference in subsection (6)(b) to when the pre-trial disclosure exercise is to be considered to have been completed is a reference to what constitutes a hearing to determine the merits of the proceedings."

Amendments 16A to 16C, as amendments to Commons Amendment 16, not moved.

Motion agreed.

Motion on Amendment 17

Moved by Lord Wallace of Tankerness

That this House do agree with the Commons in their Amendment 17.

17: Clause 10, page 7, line 31, leave out subsections (4) and (5) and insert-

"(4) The following proceedings are to be treated as section 6 proceedings for the purposes of sections 7 to 9, this section and sections (Reports on use of closed material procedure) to 11-

(a) proceedings on, or in relation to, an application for a declaration under section 6,

(b) proceedings on, or in relation to, a decision of the court to make a declaration under that section of its own motion,

(c) proceedings on, or in relation to, an application for a revocation under section (Review and revocation of declaration under section 6), and

(d) proceedings on, or in relation to, a decision of the court to make a revocation under that section of its own motion.

(5) In proceedings treated as section 6 proceedings by virtue of subsection (4), a relevant person, for the purposes of sections 7 to 9, this section and sections (Reports on use of closed material procedure) to 11, is a person who would be required to disclose sensitive material in the course of the proceedings."

Motion agreed.

Motion on Amendment 18

Moved by Lord Wallace of Tankerness

That this House do agree with the Commons in their Amendment 18.

18: After Clause 10, insert the following new Clause-

"Reports on use of closed material procedure

(1) The Secretary of State must-

(a) prepare a report on the matters mentioned in subsection (2) for-

(i) the period of twelve months beginning with the day on which section 6 comes into force, and

(ii) every subsequent twelve month period, and

(b) lay a copy of each such report before Parliament.

(2) The matters are-

(a) the number of applications made during the reporting period-

(i) by the Secretary of State under section 6(1A)(a)(i) or (Review and revocation of declaration under section 6)(4)(a)(i), and

(ii) by persons other than the Secretary of State under section 6(1A)(a)(ii) or (Review and revocation of declaration under section 6)(4)(a)(ii),

(b) the number of declarations made by the court under section 6(1), and the number of revocations made by the court under section (Review and revocation of declaration under section 6)(2) or (3), during the reporting period-

(i) in response to applications made by the Secretary of State during the reporting period,

(ii) in response to applications made by the Secretary of State during previous reporting periods,

(iii) in response to applications made by persons other than the Secretary of State during the reporting period,

(iv) in response to applications made by persons other than the Secretary of State during previous reporting periods, and

(v) of the court's own motion,

(c) the number of final judgments given in section 6 proceedings during the reporting period which are closed judgments, and

(d) the number of such judgments which are not closed judgments.

(3) The report may also include such other matters as the Secretary of State considers appropriate.

(4) The duty under subsection (1) in relation to the preparation and laying of a report must be carried out as soon as reasonably practicable after the end of the twelve month period to which the report relates.

(5) In this section-

"closed judgment" means a judgment that is not made available, or fully available, to the public,

"final judgment", in relation to section 6 proceedings, means a final judgment to determine the proceedings."

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