Closed Material Procedures – Should They Be Expanded to Protect Sensitive Interests Other Than National Security?

Abstract

1. In November 2022 Sir Duncan Ouseley’s long-awaited report on the operation of closed material procedures (CMPs) under the Justice and Security Act 2013 (‘the JSA’) was published. Sir Duncan’s report examined various aspects of how the CMP regime operates in practice and made a number of recommendations which are intended to improve it. The report did not, however, consider whether CMPs should be used to protect not only the interests of national security, but also a wider range of sensitive interests, such as international relations. This article will consider whether there is a case to be made for expanding the definition of ‘sensitive material’ in s 6(11) of the JSA – which restricts CMPs only to material the disclosure of which would be damaging to the interests of national security – to include a broader range of sensitive interests.