Overview

This bill amends the Intelligence and Security Committee of Parliament's (ISC) powers, clarifying its oversight of intelligence agencies and introducing new procedures for handling sensitive material in court proceedings. It also includes provisions for reporting and reviewing the use of closed material procedures.

Description

Changes to ISC Oversight:

The bill strengthens the ISC's ability to scrutinize intelligence agencies. It clarifies the situations under which the ISC can examine operational matters, requiring agreement with the Prime Minister and outlining specific scenarios where information may be voluntarily provided. The ISC's power to take evidence under oath is also explicitly granted.

Handling Sensitive Material in Court:

The bill introduces a new process for handling sensitive material (material whose disclosure would harm national security) in court cases. It allows courts to issue declarations preventing disclosure of such material if it is deemed necessary for fair and effective justice. The Secretary of State, or any party to the proceedings, can apply for such a declaration, and the court can also act on its own initiative. The bill outlines conditions for issuing declarations and mandates a review process to ensure continued necessity. This process is subject to formal review post pre-trial disclosure and may be revoked at any time if deemed no longer in the interests of justice.

Reporting and Review:

The Secretary of State is required to produce annual reports to Parliament detailing the use of the new closed material procedure, including the number of applications, declarations, and revocations. A five-year review of the effectiveness of these new procedures will be conducted by an appointed individual, with a report submitted to Parliament (subject to security redactions).

Data Protection and Freedom of Information:

Amendments are made to the Data Protection Act 1998 and the Freedom of Information Act 2000 to clarify the application of these laws in relation to information held by the ISC.

Government Spending

The bill allows for government funding to support the ISC's activities, including payments to Parliament for expenses incurred by either House in relation to the ISC and the provision of staff and resources. No specific figures are provided in the bill text.

Groups Affected

• Intelligence and Security Committee (ISC): The bill significantly impacts the ISC, expanding its powers and responsibilities.
• Intelligence Agencies (Security Service, Secret Intelligence Service, GCHQ): These agencies will be subject to increased scrutiny by the ISC.
• Courts and Judiciary: The bill introduces new procedures for handling sensitive material in court, affecting how judges and lawyers handle evidence.
• Government Departments: Departments may be required to cooperate with the ISC and manage sensitive information according to the new rules.
• Parties involved in legal cases: The new procedures regarding sensitive material could affect the ability of parties to present all evidence in some cases.
• Public: The public's access to information could be affected by the provisions concerning closed material procedures and the handling of sensitive information.

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