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  Justice and Security Bill - Clause 8 - Balance National Security vs Public Interest in Requests to Withhold Information From Parties in Civil Court Cases
  
  --- MOTION EFFECT ---
  
  
  @ MP voted no against requiring civil courts considering applications not to disclose material relevant to a case on the grounds disclosure would be damaging to the interests of national security to consider if the damage outweighs the public interest in the fair and open administration of justice. 
  @ MP voted aye to require civil courts considering applications not to disclose material relevant to a case on the grounds disclosure would be damaging to the interests of national security to consider if the damage outweighs the public interest in the fair and open administration of justice. 
  
  The majority of MPs voted against requiring civil courts considering applications not to disclose material relevant to a case on the grounds disclosure would be damaging to the interests of national security to consider if the damage outweighs the public interest in the fair and open administration of justice. 
  
  The majority of MPs voted to retain an absolute exemption from disclosure to anyone but the court, Secretary of State, and special advocates, of material damaging to the interests of national security.
  
  This relates to "closed material proceedings" which allow relevant national security-sensitive material held by a party to civil court proceedings to be taken into account through disclosure of the material to both the court and a special advocate representing the other party or parties' interests as the other parties are not themselves permitted to see the material. 
  
  MPs were considering the Justice and Security Bill[1]. The amendment rejected in this vote was:
  
  
  :Amendment 38, page 7, line 18, at end add
  
  :âand that damage outweighs the public interest in the fair and open administration of justiceâ.
  
  Had it not been rejected this amendment would have added the above text to Clause 8 of the Bill[2]. It sought to modify the required court rules to be followed in cases where the closed material procedure is used, and specifically to extend the rule in Clause 8 (1)(c) which stated the rules must secure:
  
  :that the court is required to give permission for material not to be
  disclosed if it considers that the disclosure of the material would be
  damaging to the interests of national security,
  
  The amendment would have changed the absolute requirement to order material not to be disclosed if doing so would be damaging to national security with a requirement to balance that damage against the public interest in the fair and open administration of justice.
  
  
  
  * [1] [http://services.parliament.uk/bills/2012-13/justiceandsecurity.html Parliament's webpage on the Justice and Security Bill]
  * [2] [http://www.publications.parliament.uk/pa/bills/cbill/2012-2013/0134/cbill_2012-20130134_en_2.htm#pt2-pb1-l1g8 Clause 8 of the Justice and Security Bill as at the time of the vote]
  
  
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  