Addendum 6th June: A further post on UK Constitutional Law Group blog - "Where is the 'Justice' in the Justice and Security Bill?" by barrister Tom Hickman of Blackstone Chambers. "... it is hard to view the Bill in any way other than as a “win win” for the Government. Secrecy is absolute and scrutiny is in its gift. As drafted, the Bill seriously and needlessly exacerbates the departure from equality of arms that is already inherent in the proposed use of CMP in civil claims."
Addendum 5th June: A post on the blog of the UK Constitutional Law Group raises further points about this Bill - "The Justice and Security Bill: Some Serious Concerns" - Hayley Hooper, Lecturer in Law at Trinity College, Oxford ... and also see UK Human Rights Blog - post by Adam Wagner - "Criticism remains as dust settles on secret trials bill."
Addendum 4th June 2012 - additional materials:
Original post: ...
The Justice and Security Bill - (see also Explanatory Notes) - is the coalition government's attempt to implement certain aspects of the Justice and Security Green Paper. The previous post on this blog looked at Part 1 of the Bill dealing with Oversight of the Security services. Part 2 of the Bill - "Restrictions on Disclosure of Sensitive Material." - is the subject of this post.
When looking at the Bill, certain definitions are important and are addressed in Clause 11 (Interpretation) which contains Henry VIII powers to enable courts or tribunals to be added to those in which Closed Material Procedure (CMP) may apply. I think that there is a possibility that this power could be used to bring, for example, Coroner's Courts within the remit of CMP. There seems nothing in the Bill, legally speaking, to rule it out. Time will tell. Legislative legerdemain? Possibly !!
Clause 6 enables the secretary of State to apply