Question proposed, That the clause stand part of the Bill.

Clause 15 provides a review procedure for the Secretary of State using the certificate procedure under clause 14(3)(e). Clause 15(3) states that in looking at the matter, the court

“must apply the principles which would be applied in judicial review proceedings.”

In light of the comments that have been made recently by the Lord Chancellor on judicial review proceedings, I wondered if there was anything the Committee needs to be aware of in terms of changes to judicial review that might have an impact on this particular proceeding.

I am grateful for the hon. Lady’s remarks. I do not think that what the Secretary of State for Justice was saying would have any direct bearing at all on the principles that are applied by the courts when they consider judicial review proceedings. We are concerned about the extent of judicial review proceedings, but that is a different matter. In relation to this, it would not have a direct effect on our deliberations. The hon. Lady is right that clause 15 proposes that the courts can review the application of judicial review principles, and review the Secretary of State’s decision that the disclosure of the material would damage national security or international relations. Of course if such an application were successful, the prohibition on the court ordering disclosure of the information referred to in the certificate would not apply, and disclosure could therefore be ordered under the court’s usual residual disclosure jurisdiction. In conclusion, on this clause I would simply say that we believe it is sensible to have that review available. Clause 15 sets it out, and I commend the clause to the Committee.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16 ordered to stand part of the Bill.