If the effect of my amendment was as expressed by Sven, then I wouldn't be in favour of my amendment, either.
By deleting this section there is no requirement that before an emergency order can be put in place the intelligence commissioner has to weigh in. By removing the specific exemption from any review we create the opportunity to do what they do in the U.K., which is to look at it after the fact. The minister can make an emergency order. The intelligence commissioner can look at it and decide, should this emergency order continue? Was this a mistake?
As a matter of fact, our Communications Security Establishment Commissioner also suggested in his testimony that a review within five days might be appropriate. We're leaving open the door here, not requiring that the intelligence commissioner sign off before the minister can take action in an emergency. We're leaving open the door to the possibility that there be an ex-post review sometime after the emergency order. The emergency order might be something that we need to reflect upon and decide whether we can halt that action now, or whether it was appropriately taken.
By deleting the provision that exempts the decision from any review, we leave open the possibility that it will be reviewed after the fact.