Moved by
Lord Black of Brentwood
1: Clause 1, page 1, line 20, at end insert—
“(7) If the material being requested under subsection (1) is protected by legal professional privilege or is journalistic material or disclosure could lead to the identification of a journalistic source, the person holding the material must be—
(a) notified in advance of the hearing of the application which must be held inter partes, and
(b) permitted to make representations to the court regarding the application.
(8) Where the material is of the kind provided for under subsection (7), the court may not make an order unless it is satisfied that—
(a) the material is of substantial value and relevant to the matter under investigation;
(b) it is not possible for the Commission to obtain the information by other means;
(c) it is in the public interest for the material to be disclosed, as determined by its benefit to any investigation; and
(d) taking into account the circumstances, there is no significant reason why the information should not be disclosed.
(9) “Journalistic material” and “legal and professional privilege” shall have the same meaning as set out in sections 10 and 13 of the Police and Criminal Evidence Act 1984.”