Civil Procedure (Amendment No. 4) Rules 2023

Gerald Jones Excerpts

Monday 29th January 2024 General Committees

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

It is a pleasure to serve under your chairmanship this evening, Mrs Cummins—I do not believe it will be necessary to detain you for long. Apologies that my hon. Friend the Member for Stockton North could not be here.

I am grateful to the Minister for outlining the purpose of the SI. As he said, it amends the Civil Procedures Rules 1998 and includes provision for a closed material procedure for core proceedings relating to STPIMs, which were established under the National Security Act 2023. Our first duty in this place is to ensure that we keep our people across the country safe. The measures proposed today assist with that by ensuring that the law is amended appropriately to facilitate proceedings undertaken in relation to the 2023 measures relating to states as well as individuals.

The National Security Act provides a major update in legislation to counter state threats. Before it was passed, there was no available measure tailored to the specific terrorist threats posed by foreign state activity, and TPIMs were available only in relation to individuals. It is therefore clear that, without the measures in this SI, the purpose of the changes to the National Security Act would not be achieved.

The instrument also relates to High Court STPIM procedures and the use of closed material—material the disclosure of which it is believed would be contrary to the national interest. Just as there has to be caution in the use of the power relating to both TPIMs and STPIMs, there must be caution around withholding information that may be in the public interest. I note that the Secretary of State is required to disclose all the material that is relevant to proceedings but, with the permission of the court, may withhold closed material from the individual, although such material must be disclosed to the court and the special advocate.

We must be nervous about any action in this area that could prejudice a fair trial, which the Minister touched on. How will the Government ensure that we do not get into that situation, and is there any provision to avoid that? The explanatory memorandum outlines the procedure for the imposition of an STPIM notice, the need for a directions hearing and for a substantive review, and appeal arrangements. Is the Minister content that the courts have the necessary powers to ensure that the Secretary of State deals with these notices in the most appropriate and transparent way possible, given the likely need for some information to be withheld?

Overall, we are content that the measures before us are necessary in the national interest. For that reason, we will not oppose them.