Civil Procedure (Amendment No. 3) Rules 2012

My Lords, I shall speak also to the Rules of the Court of Judicature (Northern Ireland) (Amendment No. 4) 2012 order. The two statutory instruments introduce procedural rules for court proceedings under the Terrorism Prevention and Investigation Measures Act 2011. They add a new part to the civil procedure rules for England and Wales, and a new order to the rules of the Court of Judicature for Northern Ireland. The rules came into force on 15 January last year—the same date that the Act came into force—because it was necessary for TPIM proceedings to take place soon after commencement. However, the Act requires subsequent approval of the rules by each House, which is why we are here today. The rules substantively reflect the rules that are already in place for control order proceedings. They set out the procedures to be followed when the Secretary of State applies to the court for permission to impose a TPIM notice—or for the court to confirm, or quash, one imposed without prior permission—and for the subsequent directions hearings and review hearings that must be held. The rules also set out the process for an individual to appeal against decisions made by the Secretary of State in relation to a TPIM notice. The guiding principles behind the court rules are that the decisions that are the subject of the proceedings are properly reviewed; and that the court must ensure that information is not disclosed contrary to the public interest. The rules provide that sensitive ““closed material”” may be relied upon and must be protected, although the requirements of a fair trial take precedence. They also make provision about the role and functions of special advocates, who may be appointed by the Attorney-General to represent the interests of the individual in closed proceedings. In our recent debates on the Terrorism Prevention and Investigation Measures Act, the use of closed material and special advocates was explored in some detail. Closed material proceedings are undoubtedly controversial, I accept that, but are necessary to ensure that there can be effective judicial oversight of TPIM decisions, which inevitably rely upon sensitive material. I can assure the Committee that the use of closed material and special advocates in this type of context is compatible with the European Convention on Human Rights, a position that the courts have confirmed. Indeed, the Act expressly provides that the rules do not require the court to act in a way inconsistent with Article 6 of the ECHR, the right to a fair trial. This is also the effect of the Human Rights Act. Notwithstanding that the system is ECHR compatible, we understand that concerns remain. The Green Paper on Justice and Security is looking carefully at the use of sensitive information in civil proceedings, including suggestions as to how the special advocate system can be improved. The rules provide a framework within which the Secretary of State, legal representatives, special advocates and the court work. In line with those provisions, the Lords Chief Justices of England and Wales and of Northern Ireland were consulted on the draft rules. Moreover, the Civil Procedure Rules Committee was given the opportunity to comment on a draft. I commend the rules and I beg to move.