Justice and Security Bill Final stage briefing

Justice and Security Bill 2012-13

House of Lords
Equality and human rights impact statement
13 March 2013

The Commission has analysed the proposals for the Justice and Security Bill in light of the requirements of the Human Rights Act 1998 (HRA). We sought a legal opinion from leading counsel on the proposals in relation to the original bill's provisions on the use of closed material procedures in civil claims.

The final set of government amendments introduced for the House of Commons Report stage improve the bill and reintroduce some of the amendments brought in by the Lords and removed at Commons Committee Stage. However, they do not put the bill back in the position it was in when it left the Lords. The Commission's analysis suggests these amendments will increase the likelihood of compatibility with the Human Rights Act, but do not address the fundamental concern about inequality of arms. The full range of amendments previously suggested by the Joint Committee Human Rights are the minimum required. Deletion of clauses 6-12 would be preferable.

Download the briefing (Word)

Last updated: 06 May 2016