Investigatory Powers Bill
Lord Grabiner Excerpts(8 years, 5 months ago)
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Lord Thomas of Gresford
But not the fact that he was proposing to escape charges of spying by going to another country. Was there something iniquitous about our conversation?
Lord Grabiner (Non-Afl)
There probably was because no solicitor was engaged. So privilege was not attracted at all.
Lord Keen of Elie
The noble Lord makes a good point, and it may be that the noble Lord, Lord Thomas, wishes to refer himself to the Bar Standards Board. However, I understand that the rules have changed since then.
Investigatory Powers Bill
Lord Grabiner Excerpts(8 years, 5 months ago)
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Earl Howe
My Lords, I am very sorry to have to disagree with my noble friend about the consent in writing, which would be likely to result in completely impractical situations. It is not clear what real advantage would be gained. In any case, most of the time, prior consent in writing would simply not be an option. Taking the example again of a telephone call, it is difficult to see how the normal transaction of business would not be completely impeded if we insisted on this provision.
I shall endeavour to respond to my noble friend about his question on subsections (1) and (2). I do not have a ready interpretation to give him now but, if I can during the proceedings, I shall do so.
Lord Grabiner (Non-Afl)
The language is pretty clear. Subsection (1) of Clause 42 suggests that consent of both is required, while subsection (2) refers to the consent of the recipient alone.