Legal Privilege and surveillance
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Transcript of Legal Privilege and surveillance
Legal privilege and surveillance
Ben JaffeyBlackstone Chambers
Belhaj/Al-Saadi in the IPT
Protection of LPP at MI5
Protection of LPP at MI5
• Secret
• Approved by the Intelligence Services Commissioner (former Lord Justice of Appeal)
LPP Policies
The (Inevitable) Concession
IPT Judgment
New Code of Practice
But…
“Interpreting that section requires the unravelling of a triple-nested inversion of meanings across six cross-referenced subsections linked to a dozen other cross-linked definitions, which are all dependent on a highly ambiguous “notwithstanding.” The section is probably the single most confusing and complex drafting ever put on the statute book, and I have heard that a former GCHQ director said it was drafted in that way intentionally …There is not a snowball’s chance on a hot day in Strasbourg that the section would pass the tests of foreseeability and quality of law required by the European convention on human rights.” (Tom Watson MP)
Investigatory Powers Bill
Investigatory Powers Bill, c. 27(3)(a)
IP Bill (Government Amendment)
• (c) not apply to:• National security (e.g. TPIM cases)• Economic well-being (i.e. Brexit)
Investigatory Powers Bill
Ben Jaffey
www.blackstonechambers.com