Diana Johnson – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Diana Johnson on 2016-09-12.

To ask the Secretary of State for the Home Department, what the process is for considering whether to withhold sensitive material from courts to aid their consideration of (a) whether to impose Temporary Exclusion Orders (TEOs), (b) whether a TEO already imposed should be revoked and (c) whether the conditions imposed on those subject to TEOs are fair.

Mr Ben Wallace

The Court Rules for Temporary Exclusion Orders provide for the disclosure of open material, the use of private hearings, and the withholding of closed material (the disclosure of which would be contrary to the public interest). The Home Office cannot determine which information is closed and must submit an application to the court for permission not to disclose certain information. Under the closed material procedure, the TEO subject and his legal representatives would attend ‘open’ court proceedings but would not be present at ‘closed’ proceedings. Special advocates appointed by the Attorney General would represent the interests of the excluded party in relation to closed evidence. The use of closed material proceedings is designed to ensure that the court has sight of sensitive material whilst protecting it from wider disclosure.