With this it will be convenient to discuss the following:
Government amendment 57
Amendment 75, page 17, line 38, leave out from ‘ISC’ to end of line 43.
Amendment 73, page 18, line 34, leave out from ‘private’ to end of line 3 on page 19 and insert ‘from a person subject to the Official Secrets Act 1989.
‘(2) The ISC may only publish or disclose the information—
(a) by way of a report under section 3,
(b) if the ISC and the Prime Minister are satisfied that publication or disclosure would not be prejudicial to the continued discharge of the functions of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters or any person carrying out activities falling within section 2(2), or
(c) if publication or disclosure is necessary for the ISC to comply with any enactment or rule of law.’.
Government amendments 59 and 60
Amendment 76, page 19, leave out from line 4 to end of line 7 and add—
‘Protection for proceedings of the ISC
6 No part of the proceedings of the ISC, including evidence given to the ISC may be used in any civil, criminal or disciplinary proceedings, except in the case of evidence given in bad faith.’.
Government amendments 61, 62 and 55
Amendment 71, in clause 2, page 2, line 29, at end insert—
‘(4A) Subsections (3) and (4) do not apply where a plausible claim has been made by or on behalf of an individual to the ISC that the Security Service, the Secret Intelligence Service or the Government Communications Headquarters has disseminated any information to any recipient concerning any person that appears to be—
(a) materially false; and
(b) harmful to the person defamed.
(4B) In any case where subsection (4A) applies, the ISC shall fully and expeditiously investigate the claim and, where the claim appears to be well founded, shall ensure that the misinformation is expeditiously corrected.’.
Amendment 74, page 2, line 29, at end insert—
‘(4A) The ISC shall consider the proposed appointment of the following, including by questioning the prospective appointee at a meeting of the ISC—
(a) the Head of the Security Service;
(b) the Head of the Secret Intelligence Service;
(c) the Head of the Government Communications Headquarters; and
(d) such other persons as the Prime Minister may direct.
(4B) The ISC may consider the appropriateness of holding hearings considering each prospective appointee’s proposed appointment in public.’.
Government amendments 63 and 64.