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Proceeding contribution from Lord Cameron of Lochbroom (Crossbench) in the House of Lords on Tuesday, 13 December 2005. It occurred during Committee of the Whole House (HL) and Debate on bill on Terrorism Bill.


Terrorism Bill

moved Amendment No. 131:"Page 29, line 9, at end insert—" ““(d)   it shall operate without prejudice to any rule of law whereby— (i)   communications between a professional legal adviser and his client, or (ii)   communications made in connection with or in contemplation of legal proceedings, and for the purposes of those proceedings, are in legal proceedings protected from disclosure on the ground of confidentiality.”” The noble and learned Lord said: This amendment seeks to preserve the confidentiality of communications between legal advisers and their clients—detained persons—in relation to Schedule 8. Our law is eager to protect the relationship between the solicitor and his client; it has made provision for the doctrine of confidentiality, for instance, in Part 2 of Schedule 7 of the Terrorism Act 2000, which applies only to Scotland and concerns, among other things, orders for production material, search warrants and explanations of material seized from or produced by a person. Paragraph 33(1) states: ““This Part of this Schedule is without prejudice to any rule of law whereby— (a) communications between a professional legal adviser and his client, or (b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings, are in legal proceedings protected from disclosure on the ground of confidentiality””. The amendment, which was suggested by the Law Society of Scotland, seeks to preserve that relationship and to introduce into Schedule 8 a provision to the same effect as that in Part 2 of Schedule 7. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
676 c1243 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Civil liberties Admissibility of evidence Criminal proceedings Codes of practice Appeals Administration of justice Detainees Crimes against property Communication Electronic surveillance Evidence Intelligence services Judges Police Prosecutions Proscribed organisations Police custody Politics and government Scotland Terrorism Remand in custody Time limits Telephone tapping Cryptography Sunset clauses
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk