Clause 58
Counter-Terrorism Bill
4:30 pm
Douglas Hogg (Sleaford and North Hykeham, Conservative)
I will speak primarily to amendment No. 215. The clause enables rules to be made about disclosure. I have already pointed out how far-reaching the withholding of relevant information can be. That being so, it is extremely important that someone who has some regard for the interests of the affected person should be present, especially as subsection (3)(a) states that the rules of court must secure
“that the Treasury have the opportunity to make an application to the court...not to disclose material otherwise than to...the court, and...any person appointed as a special advocate”.
Subsection (3)(b) states:
“such an application is always considered in the absence of every party to the proceedings (and every party’s legal representative)”.
Those rules might preclude the affected person or their legal representative from being present at an application. That could have a dramatic effect on the nature of the material that will be presented to the affected person down the track. Who will represent the interests of the affected person at that point? The Minister will no doubt say that the special advocate will, and that is precisely what my amendment says.