*/
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’.
Chair of the Bar sets out a busy calendar for the rest of the year
AlphaBiolabs has announced its latest Giving Back donation to RAY Ceredigion, a grassroots West Wales charity that provides play, learning and community opportunities for families across Ceredigion County
Rachel Davenport, Co-founder and Director at AlphaBiolabs, outlines why barristers, solicitors, judges, social workers and local authorities across the UK trust AlphaBiolabs for court-admissible testing
A £500 donation from AlphaBiolabs is helping to support women and children affected by domestic abuse, thanks to the company’s unique charity initiative that empowers legal professionals to give back to community causes
Casey Randall of AlphaBiolabs discusses the benefits of Non-Invasive Prenatal Paternity testing for the Family Court
Philip N Bristow explains how to unlock your aged debt to fund your tax in one easy step
