*/
Government amendments to the Investigatory Powers Bill do not go far enough to maintain the client’s right to privilege, the Bar Council warned.
Following the final reading of the controversial Bill, the Bar Council said that the ‘client’s right to legal privilege looks permanently to be compromised’, though not as severely as was first feared.
Bar Chairman, Chantal-Aimée Doerries QC, acknowledged that the government had listened to its concerns and made changes to the original provisions to provide ‘some protection’ that is now on the face of the Bill.
But she said: ‘There is still too much scope for a client’s privileged communications deliberately to be targeted and intercepted, and we remain concerned that this fundamental constitutional right has now been diminished.’
The Law Society welcomed the changes, which it said boosted protection for client legal privilege, particularly by giving greater protection to legally privileged material accidentally caught in a legitimate search, and ensuring its retention is subject to a public interest test.
Law Society President, Robert Bourns, said: ‘While these protections are not as comprehensive as the legal community felt was appropriate, the government’s response is still a significant improvement from where the Bill started.’
He added: ‘With the number of moves to weaken the protection of legal professional privilege we have seen this year – both inadvertent and deliberate – the Law Society will remain vigilant to ensure that this core principle of our justice system is maintained.’
The Bar Council said it will continue to work with other legal professional bodies to press for proper protection of privileged communications.
Government amendments to the Investigatory Powers Bill do not go far enough to maintain the client’s right to privilege, the Bar Council warned.
Following the final reading of the controversial Bill, the Bar Council said that the ‘client’s right to legal privilege looks permanently to be compromised’, though not as severely as was first feared.
Bar Chairman, Chantal-Aimée Doerries QC, acknowledged that the government had listened to its concerns and made changes to the original provisions to provide ‘some protection’ that is now on the face of the Bill.
But she said: ‘There is still too much scope for a client’s privileged communications deliberately to be targeted and intercepted, and we remain concerned that this fundamental constitutional right has now been diminished.’
The Law Society welcomed the changes, which it said boosted protection for client legal privilege, particularly by giving greater protection to legally privileged material accidentally caught in a legitimate search, and ensuring its retention is subject to a public interest test.
Law Society President, Robert Bourns, said: ‘While these protections are not as comprehensive as the legal community felt was appropriate, the government’s response is still a significant improvement from where the Bill started.’
He added: ‘With the number of moves to weaken the protection of legal professional privilege we have seen this year – both inadvertent and deliberate – the Law Society will remain vigilant to ensure that this core principle of our justice system is maintained.’
The Bar Council said it will continue to work with other legal professional bodies to press for proper protection of privileged communications.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
An interview with Rob Wagg, CEO of New Park Court Chambers
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Ever wondered what a pupillage is like at the CPS? This Q and A provides an insight into the training, experience and next steps
The appointments of 96 new King’s Counsel (also known as silk) are announced today
Ready for the new way to do tax returns? David Southern KC continues his series explaining the impact on barristers. In part 2, a worked example shows the specific practicalities of adapting to the new system
Resolution of the criminal justice crisis does not lie in reheating old ideas that have been roundly rejected before, say Ed Vickers KC, Faras Baloch and Katie Bacon
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar