Joint Briefing Paper on Legal Professional Privilege

The Investigatory Powers Bill has been in the headlines in the last number of months as MPs at Westminster scrutinised the legislation during its passage through the House of Commons. The House of Lords is now considering the Bill with the Second Reading and debate set to take place on 27 June.

In advance of this the Bar Council of England and Wales, the Law Society of England and Wales, the Faculty of Advocates, the Bar of Northern Ireland, the Law Society of Northern Ireland, the Law Society of Scotland, the Chartered Institute of Legal Executives, Liberty and JUSTICE have collaborated to produce a paper outlining the provisions required in the Bill to ensure that legally privileged communications are protected from surveillance.

Chairman of the Bar of Northern Ireland, Gerry McAlinden QC, commented: “On behalf of clients throughout the UK, the Bar of Northern Ireland has joined the Bar Council of England and Wales and other legal representative bodies in lobbying Government to protect legal professional privilege. As it currently stands, the proposed Investigatory Powers Bill fails to protect the fundamental and constitutional right to consult a lawyer in confidence. Any infringement of this client held right risks undermining their right to a fair trial and access to justice. We recognise the need to make proper provision for surveillance activities; however the legislative framework must support and uphold the rule of the law. The latest briefing paper outlines the measures which can be taken to ensure legal professional privilege is suitably protected whilst allowing for a robust Investigatory Powers Bill.”

Chairman of the Bar Council of England and Wales, Chantal-Aimée Doerries QC, added: “The consensus among the main political parties and Government seems to be that more work is needed on the Investigatory Powers Bill to ensure the right protections are in place before it becomes law. Legal privilege exists to protect the public and we look forward to working with parliamentarians on all sides of both houses as the Bill progresses. This legislation affects a fundamental, constitutional right and it is important that we get the detail right.”

Read the briefing paper in full.