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Proceeding contribution from Baroness Harris of Richmond (Liberal Democrat) in the House of Lords on Thursday, 9 October 2008. It occurred during Committee of the Whole House (HL) and Debate on bill on Counter-Terrorism Bill.


Counter-Terrorism Bill

moved Amendment No. 6: 6: Clause 3, page 2, line 44, at end insert— ““( ) Under subsection (2) it is not reasonably practicable for the item subject to legal privilege to be separated from the rest of the document if, and only if, it is not reasonably practicable because of— (a) the time required to determine whether an item should be seized or to separate such an item, (b) the number of persons required to carry out that determination or separation, or (c) the apparatus or equipment that would be necessary or appropriate to use for carrying out that determination or separation.”” The noble Baroness said: The safeguard of legally privileged documents is fundamental to our legal system. The amendment is about the difference between the proposals and the operation of the Criminal Justice and Police Act 2001 in relation to the safeguards that apply to the seizure of legally privileged documents such as the time required to determine whether an item should be seized, the number of persons who are required to carry out the determination or separation, and the apparatus or equipment that is necessary or appropriate to carry it out. Can the Minister explain why those caveats are included in the 2001 Act but not in this Bill? I beg to move.


Secondary information

Type
Proceeding contribution
Reference
704 c351 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Databases Codes of practice Crime prevention Administration of justice Arrests Assets Banks Fingerprints Evidence Intelligence services ICT Genetics Documents GCHQ National security Northern Ireland Police Powers Terrorism Training Right of search Torture Anti-terrorism control orders Freezing of assets
Legislation
Counter-terrorism Bill 2007-08
Police and Criminal Evidence Act 1984
Link
View this Proceeding contribution on www.publications.parliament.uk