Commentary on Sections Part 2: Disclosure of sensitive material Section 13: Review of sections 6 to 11
107.Section 13 obliges a review to be carried out on the operation of the CMP provisions and sets out the framework for the appointment of the reviewer and the production and timing of his report to be laid before Parliament. The scope of the review would cover proceedings whether there is a declaration in place (i.e. where a closed material application may be made), and proceedings ‘treated’ as section 6 proceedings, including the review of certification under section 17(3)(e) and proceedings relating to the declaration or revocation of the declaration.
108.Subsection (1) requires the Secretary of State to appoint a person (referred to as ‘the reviewer’) to review the operation of sections 6 to 11.
109.Subsection (2) requires the reviewer to carry out a review of the operation of closed material procedures covered by sections 6 to 11 during the period of five years beginning once section 6 has come into force.
110.Subsection (3) requires the review to be completed as soon as reasonably practicable after the end of the five year period.
111.Subsection (4) requires the reviewer to send the Secretary of State a report on the outcome of the review as soon as reasonably practicable after completing a review.
112.Subsection (5) requires the Secretary of State to lay a copy of the report before Parliament on receiving a report under subsection (4).
113.Subsection (6) allows the Secretary of State, after consulting the reviewer, to exclude material from the report that would, in the opinion of the Secretary of State, be damaging to the interests of national security (or in relation to CMPs dealing with reviews of certification (see section 18(5)(b)) national security or the international relations of the UK) if it were included in the copy laid before Parliament.
114.Subsection (7) allows for the reviewer to be paid appropriate allowances and reimbursed for the costs of carrying out his duties.