Intelligence and Security Committee Act 1996

  • repealed
  • Intelligence and Security Committee Act 1996: repealed, on 28 September 2017, by section 242(3)(b) of the Intelligence and Security Act 2017 (2017 No 10).

Disclosure of information

17 Provision of information to Committee

(1)

If the chief executive of an intelligence and security agency or any other person is asked by the Committee to disclose any documents or other information in his or her possession relevant to the matters being considered by the Committee, that chief executive or other person shall, subject to subsections (2) and (3), either—

(a)

arrange for those documents or that information to be made available to the Committee; or

(b)

inform the Committee that those documents or that information cannot be disclosed because, in the opinion of the chief executive of the relevant intelligence and security agency, those documents are, or that information is, sensitive information.

(2)

The fact that any particular documents are, or any particular information is, sensitive information shall not prevent the disclosure of those documents or that information under subsection (1)(a) if,—

(a)

in any case where the documents are, or the information is, in the possession or under the control of the chief executive of an intelligence and security agency, that chief executive considers it safe to disclose them; or

(b)

in any case where the documents are, or information is, in the possession or under the control of any other person, the chief executive of the relevant intelligence and security agency considers it safe to disclose them.

(3)

Subject to subsection (4), information that has not been disclosed to the Committee on the ground specified in subsection (1)(b) shall be disclosed to the Committee if the Prime Minister considers it desirable in the public interest.

(4)

Subsection (3) of this section shall not apply to information that is sensitive information under subsections (1)(d) and (2) of section 3.

(5)

Where any document or other information having a security classification is provided to the Committee, the Committee shall ensure that the document or information—

(a)

is kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies; and

(b)

is returned to the originating intelligence and security agency when no longer required by the Committee.

(6)

Where the Committee is responsible for the production of a document that has a security classification, the Committee shall ensure that the document is kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies.