Moved by
Lord Dubs
54A: After Clause 6, insert the following new Clause—
“Independent judicial commissioners to sit with judges in closed material proceedings
(1) Where the court makes a declaration pursuant to section 6(1)—
(a) the judge in the relevant civil proceedings shall thereafter sit with four independent judicial commissioners who shall sit throughout all open and closed proceedings;
(b) the independent judicial commissioners shall sit with the judge as judges of fact.
(2) The independent judicial commissioners shall consist of—
(a) county court judges, serving or retired, who have been subject to security vetting, such security vetting to have been supervised by a High Court judge; or
(b) retired judges of the High Court, Court of Appeal or Supreme Court; and in either case—
(i) being persons who have had no professional or other substantial connection with the armed services or security services; and
(ii) being persons who have, so far as possible, never before sat as judges or independent judicial commissioners in closed material proceedings.
(3) Judgement shall be given in favour of the excluded parties in the relevant civil proceedings unless the judge and the judicial commissioners shall unanimously or by a majority verdict of not less than 4:1 find that the cases of the excluded parties have been disproved to a high degree of conviction.”