Overview

This bill amends the law relating to the Intelligence and Security Committee (ISC) of Parliament, primarily focusing on improving its ability to scrutinize intelligence agencies and manage the handling of sensitive information in court proceedings. It also introduces safeguards for witnesses giving evidence to the ISC and clarifies the application of data protection and freedom of information laws.

Description

The bill makes several key changes:

Changes to ISC Powers:

• Broadened Scope of ISC Investigations: Clarifies the circumstances under which the ISC can examine intelligence or security matters, allowing investigation even without the involvement of ongoing operations, provided it is in the significant national interest and consistent with relevant Memoranda of Understanding. The Prime Minister and ISC must agree on the scope and limits of the investigation.
• Enhanced Funding and Resources: Allows the government to provide increased funding, staff, and resources to support the ISC's work.
• New Powers to Administer Oaths: Grants the ISC the power to take evidence under oath.
• Reporting Requirements: Requires the Secretary of State to produce annual reports to Parliament on the ISC's activities including the number of declarations and revocations made under the new closed material procedure, as well as the number of judgments (closed and open).
• Five-Year Review: Mandates a five-year independent review of the legislation's effectiveness.
• Publication of Information: Sets out strict rules around the publication of information received by the ISC in private, permitting it only in reports, unless explicitly allowed.
• Witness Protection: Provides protection to witnesses appearing before the ISC from future legal action, unless the evidence was given in bad faith.

Changes to Court Procedures:

• Closed Material Procedure: Introduces a new mechanism allowing courts to issue declarations preventing the disclosure of sensitive national security material in legal proceedings. Applications for these declarations can be made by parties involved, or the Secretary of State. The court must review these declarations, including a formal review after pre-trial disclosure, and can revoke them if the conditions are no longer met.
• Definition of Sensitive Material: Clearly defines "sensitive material" as information whose disclosure would damage national security.

Data Protection and Freedom of Information:

• Amends the Data Protection Act 1998 and the Freedom of Information Act 2000 to specifically exclude information held by or relating to the ISC from certain provisions, protecting national security information.

Government Spending

The bill anticipates increased government spending to support the ISC's enhanced functions, though specific figures aren't provided in the bill itself. The actual cost will depend on the resources allocated to the ISC and on the number of closed material procedure applications.

Groups Affected

• Intelligence and Security Committee (ISC): Gains greater powers and resources to scrutinize intelligence agencies.
• Intelligence Agencies (MI5, MI6, GCHQ): Face increased scrutiny from the ISC, with implications for the handling of sensitive information.
• Courts and Legal Professionals: Will be impacted by the new closed material procedure, requiring adaptation to handling national security information in court.
• Individuals involved in legal proceedings: May face restrictions on access to evidence deemed sensitive under the new closed material procedure.
• The Public: Access to some information may be limited due to the new closed material procedure and changes to data protection and freedom of information laws.
• Witnesses appearing before the ISC: Will benefit from stronger legal protection for their evidence.

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