Section 8: National Security Procedure
66.Section 8 of the 2000 Act inserts a new section 67A into the 1976 Act which makes provision for courts to adopt certain special procedures when dealing with cases under the Act that raise national security issues.
67.Section 67A(1) provides that rules may be made enabling a court, where
it considers it expedient for national security reasons, to:
exclude the claimant, and/or his representative(s), and/or court assessors, from all or part of proceedings;
allow an excluded claimant or representative to make a statement to the court; and
take steps to keep the reasons for its decision secret.
68.Section 67A(2) to (4) also provide that, where a claimant and his representatives have been so excluded from proceedings, the Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person suitably qualified to represent the interests of a claimant. It provides that this person shall not be responsible to the claimant. These provisions are based on similar provisions in section 6 of the Special Appeals Commission Act 1997.
