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The Investigatory Powers Bill weakens legal privilege and undermines fair trials, the Bar Council has warned.
Despite assurances given that the new surveillance legislation would contain protections for lawyers, the Bar Council said the Bill – introduced on 1 March – allows authorities total access to confidential, legally privileged communications between individuals and their lawyers, even when someone is in a legal dispute with the government or defending themselves against prosecution.
A cross-party scrutiny committee recommended in February that legal professional privilege should be safeguarded in the Bill.
Commenting on the ‘far reaching’ implications for fundamental rights, and the short timetable allowed for its passage, Bar Chairman, Chantal-Aimée Doerries QC, said she was ‘disappointed’ that the Bill does not provide sufficient protection for legal privilege on its face: ‘It is vital that this measure is subject to proper parliamentary scrutiny.’
Peter Carter QC, Chair of the Bar Council Surveillance and Privacy Working Group, said: ‘We have explained in very clear terms to the government that legal privilege does not apply where lawyer client communications reveal information that could be used to prevent a terror attack, foil a threat to national security, or bring an end to an ongoing crime such as a kidnapping or the abuse of a child. Neither does privilege apply where a lawyer is acting illegally.’
But he said the Bill ignores the distinction between privileged and non-privileged communications and ‘gives authorities powers to spy on sensitive, highly confidential communications that have nothing to do with criminality, national security or threats to individuals’.
The Investigatory Powers Bill weakens legal privilege and undermines fair trials, the Bar Council has warned.
Despite assurances given that the new surveillance legislation would contain protections for lawyers, the Bar Council said the Bill – introduced on 1 March – allows authorities total access to confidential, legally privileged communications between individuals and their lawyers, even when someone is in a legal dispute with the government or defending themselves against prosecution.
A cross-party scrutiny committee recommended in February that legal professional privilege should be safeguarded in the Bill.
Commenting on the ‘far reaching’ implications for fundamental rights, and the short timetable allowed for its passage, Bar Chairman, Chantal-Aimée Doerries QC, said she was ‘disappointed’ that the Bill does not provide sufficient protection for legal privilege on its face: ‘It is vital that this measure is subject to proper parliamentary scrutiny.’
Peter Carter QC, Chair of the Bar Council Surveillance and Privacy Working Group, said: ‘We have explained in very clear terms to the government that legal privilege does not apply where lawyer client communications reveal information that could be used to prevent a terror attack, foil a threat to national security, or bring an end to an ongoing crime such as a kidnapping or the abuse of a child. Neither does privilege apply where a lawyer is acting illegally.’
But he said the Bill ignores the distinction between privileged and non-privileged communications and ‘gives authorities powers to spy on sensitive, highly confidential communications that have nothing to do with criminality, national security or threats to individuals’.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
