Justice and Security Bill [HL] — Report (2nd Day) — 21 Nov 2012 at 18:17

Amendment 31

Moved by Lord Hodgson of Astley Abbotts

31: Before Clause 6, insert the following new Clause-

"Application for public interest immunity

(1) In any relevant civil proceedings in which the Secretary of State considers that-

(a) a party to the proceedings, whether or not the Secretary of State, would be required to disclose material in the course of the proceedings;

(b) such disclosure would be damaging to the interests of national security; and

(c) the interests of national security outweigh the public interest in the fair and open administration of justice,

the Secretary of State must make an application for public interest immunity under this section.

(2) An application for public interest immunity under this section must be made by the Secretary of State issuing a certificate relating to the individual documents in question and giving reasons why, in the Secretary of State's view, disclosure of each relevant document would be damaging to the interests of national security.

(3) The court must, when deciding whether the material attracts public interest immunity on application under subsection (1), weigh the degree of harm to the interests of national security if the relevant material is disclosed against the public interests in the fair and open administration of justice.

(4) The court shall, in conducting the balancing exercise required under subsection (3), consider whether any of the following procedures may mitigate any harm claimed to the interests of national security so as to enable disclosure or partial disclosure of material subject to an application under this section-

(a) redaction;

(b) orders for anonymity;

(c) disclosure subject to confidentiality undertakings;

(d) hearings in camera;

(e) restrictions on reporting;

(f) restrictions on access;

(g) restrictions on the use of the material.

(5) If, after conducting the process set out in subsections (3) and (4), the court concludes that the balance of the public interest lies in excluding any material, the court must uphold the application for public interest immunity made by the Secretary of State in relation to that material.

(6) Where any claim by the Secretary of State for public interest immunity is upheld the court must appoint a special advocate pursuant to section 8."

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