Member

My Amendment 148A would resolve this unacceptable scenario by establishing a clear statutory right of appeal to the Upper Tribunal. Why have I chosen the Upper Tribunal? First, it is a senior court of record, equivalent in status to the High Court, possessing specialised technical and legal expertise. Secondly, and most crucially, the Upper Tribunal already possesses established, highly robust tribunal procedure rules that are specifically designed to handle closed-material proceedings, special advocates and classified national security material. This amendment explicitly provides, in proposed new subsection (6), that rules must be made to secure that sensitive information is protected and not disclosed contrary to the interests of national security, including holding hearings in the absence of a party when absolutely necessary. We do not need to compromise our national security to guarantee a fair trial. The judicial machinery to balance these two imperatives is already built, tested and fully operational.