CILEx asks MPs to keep client communications confidential

7 January 2016

CILEx has written to parliamentarians emphasising that communications between a client and their lawyer should remain confidential.

In written evidence to the joint committee reviewing the Draft Investigatory Powers Bill, CILEx calls for the statutory protection of ‘Legal Professional Privilege’ which places duties on Chartered Legal Executives in the same way as it does to solicitors and barristers.

When the Draft Bill was first published in November 2015, CILEx President David Edwards FCILEx said: “CILEx believes that Legal Professional Privilege, which ensures that communications between a lawyer and their client remain confidential, should have full protection. Separate codes of practice will not provide adequate safeguards, and without full protection our members are concerned the relationship of trust between lawyer and client could be undermined. Such greater protection would provide reassurance to the public.”

CILEx also argues that the two stage authorisation process should be amended to avoid evidence being thrown out on technicalities. The submission says that: “Explicit judicial authorisation should be obtained in all circumstances. This has the advantage of warrants being independently assessed for their merits and legality, but also with judicial authorisation the evidence that is subsequently obtained is more likely to be adduced and accepted in serious cases.”

The committee is expected to report by 11 February 2016.

Click here to read CILEx’s written evidence.

Click here for the November 2015 CILEx statement.