text_body: --- DIVISION TITLE ---
  
  Justice and Security Bill - Clause 6 - Closed Material Proceedings Only If Fair Determination Not Possible By Other Means
  
  --- MOTION EFFECT ---
  
  
  @ MP voted aye to permit closed material proceedings only if a fair determination of the case would not be possible by other means. 
  @ MP voted not to to permit closed material proceedings only if a fair determination of the case would not be possible by other means. 
  
  The majority of MPs voted to permit closed material proceedings only if a fair determination of the case would not be possible by other means. 
  
  "Closed material proceedings" 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 they 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 26, page 4, line 39, leave out âtwoâ and insert âthreeâ.
  
  Had it not been rejected this would have taken effect on Clause 6 subclause (3) of the Bill which stated:
  
  :The court may make such a declaration if it considers that the following two conditions are met
  
  This refers to declarations that the proceedings are proceedings in which a closed material application may be made to the court. 
  
  Clearly alone the amendment which was the subject of this vote just makes the Bill nonsensical as it introduces a reference to a third condition for making such a declaration which is not present in the Bill.  The third condition referred to is presumably that proposed in amendment 31[3] which stated:
  
  : Page  5,  line  37  [Clause  6],  at end insertâ
   		
  :â(6A)   The third condition is that a fair determination of the proceedings is not possible by any other means.â.
  
  The amendment voted on is known as a "paving" amendment as it relies upon a further, more substantive, consequential amendment to have any effect beyond making the Bill internally inconsistent. 
  
  ==
  
  
  * [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-l1g6 Clause 6 of the Justice and Security Bill as at the time of the vote]
  * [3] [http://www.publications.parliament.uk/pa/bills/cbill/2012-2013/0134/amend/pbc1340403m.829-835.html Amendment sheet containing amendment 31]
  
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  