New Clause 1 - National Security Definition

Part of National Security and Investment Bill – in a Public Bill Committee at 2:15 pm on 10 December 2020.

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Photo of Andrew Griffith Andrew Griffith Conservative, Arundel and South Downs 2:15, 10 December 2020

I do not know how familiar the hon. Gentleman is with the process by which the courts look at the definitions for judicial review, but one of the dangers of trying to write them down—I accept that it is “may” language, not “must”—is that the court will look at them. We could inadvertently circumscribe the degree to which the Act can be used. I know that is not the hon. Gentleman’s intention, but I have to say that, in practice—he might be familiar with how the courts work, particularly for judicial review—that is absolutely a legitimate consideration. That is one of the reasons why I would argue that the new clause should not be accepted.