Member

UK Special Forces and the security services have their own appropriate arrangements for ensuring that victims and direct witnesses of crime can speak up about criminal activity. During the development of this measure, the Government gave detailed consideration as to how the provision would work in practice and whether there were any national security issues that might need to be taken into account. Having done that, we remain of the view that it is not necessary to exempt from this provision any agreements entered into by the NCA in the interests of national security. The reason is that Clause 6 will not change the effects of the Official Secrets Act, which already prohibits the disclosure of certain types of sensitive information, such as information related to security, intelligence or defence. If disclosures are prohibited under the Official Secrets Act, including those relating to information gained through employment as a Crown servant, for example at the NCA, the Official Secrets Act will be legally binding and the consequences that follow such a disclosure will continue to apply. The purpose of Clause 6 is to ensure that victims of crime can speak out about criminal conduct. It follows that agreements should be excluded from this measure only where it is absolutely necessary to do so. The Government are satisfied that it is not necessary to add the NCA to the list of exempt bodies.