Justice and Security Act 2013 Explanatory Notes

Section 1: The Intelligence and Security Committee of Parliament

22.Subsections (1) and (2) of section 1 state that the Intelligence and Security Committee of Parliament (the “ISC”) is to consist of nine members who are drawn both from members of the House of Commons and members of the House of Lords.

23.The new body replaces the Intelligence and Security Committee created by the Intelligence Services Act 1994. Its name reflects the Parliamentary nature of the Committee.

24.Subsection (3) provides that each member of the ISC is appointed by the House of Parliament of which he is a member.

25.Subsections (4)(a) and (5) state that, although members of the ISC will be selected by the House of Parliament from which they are each drawn, a person is not eligible to be a member of the ISC unless nominated for membership by the Prime Minister after consultation with the Leader of the Opposition. ISC members have access to highly sensitive information the unauthorised disclosure of which could lead to damage to national security. The purpose of this provision is to ensure that the Government retains some control over those eligible to access this material.

26.Subsection (4)(b) states that a Minister of the Crown is not eligible to be a member of the ISC. This is to ensure that, in line with the general practice for select committees, members are drawn from the backbenches.

27.Subsection (6) requires the Chair of the ISC to be chosen by its members.

28.Subsection (7) introduces Schedule 1, which makes further provision about the ISC.

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