My Lords, Clause 6(2) states:
“The court must, on an application … make such a declaration if the court considers that … such a disclosure would be damaging to the interests of national security”.
My point is that, in order for the court to be able to make that decision, that court procedure is the time when you can actually “know it when you see it”. There may be arguments on both sides but the court has to resolve that. We, at the moment, are arguing that in a vacuum the court will have to decide it according to the particular circumstances.