Trade Union Reform and Employment Rights Act 1993

Restrictions on disclosure of information, etc on grounds of national security

5 After section 146 of the 1978 Act there shall be inserted—

“146A National Security.

(1) Where in the opinion of any Minister of the Crown the disclosure of any information would be contrary to the interests of national security—

(a) nothing in any of the provisions to which this section applies shall require any person to disclose the information, and

(b) no person shall disclose the information in any proceedings in any court or tribunal relating to any of those provisions.

(2) This section applies to—

(a) Part I so far as it relates to employment particulars,

(b) sections 22A to 22C and section 31A,

(c) Part III,

(d) section 53(2A),

(e) Part V so far as relating to a dismissal which is regarded as unfair by reason of section 57A, 59(1)(a) or 60, and

(f) Part VIII and this Part so far as relating to any of the provisions in paragraphs (a) to (e).”.

6 In Schedule 9 of the 1978 Act (industrial tribunals)—

(a) in paragraph 1 (regulations as to procedure), after sub-paragraph (4), there shall be inserted—

“(4A) Without prejudice to sub-paragraph (5) or paragraph 2, a Minister of the Crown may on grounds of national security direct an industrial tribunal to sit in private when hearing or determining any proceedings specified in the direction.”, and

(b) in paragraph 2 (national security), in sub-paragraph (2), for the words “A certificate” there shall be substituted the words “Except where the complaint is that a dismissal is unfair by reason of section 57A, 59(1)(a) or 60, a certificate”.

7 In paragraph 18 of Schedule 11 to the 1978 Act (Employment Appeal Tribunal Rules), for sub-paragraph (c) (power for rules to enable private hearings) there shall be substituted—

“(c) for requiring or enabling the Appeal Tribunal to sit in private in circumstances in which an industrial tribunal is required or empowered to sit in private by virtue of paragraph 1 of Schedule 9;”.