Police and Justice Bill

moved Amendment No. 185A: Page 36, line 12, at end insert- ““( ) Nothing in this section shall authorise the disclosure of documents or information subject to legal privilege.”” The noble Baroness said: I rise briefly to movethis amendment only because it was originally not grouped with Amendment No. 185 and because I think, without being rude to the Law Society of Scotland, that it may be disposed of by the Government with some assurances. Clause 45 provides that the reference to ““enforcement functions”” includes reference to powers of entry, powers to search persons or property, powers to seize or detain property, powers of arrest and detention, powers of examination and powers in connection with the removal of persons from the UK. This amendment would insert a new subsection to ensure that the documents and information subject to legal privilege cannot be recovered by virtue of a search warrant granted under subsection (2). This probing amendment follows concerns specifically raised by the Scottish Law Society, which states: "““Article 8 of the European Convention on Human Rights enshrines the right to privacy. The law society is eager to protect the relationship between a solicitor and his or her client and has made provision for the doctrine of legal professional privilege””." The society goes on to argue: "““To preserve this relationship and ensure that such information and communications are privileged, provision should be made on the face of the Bill to the effect that a search warrant or powers to seize or detain property granted under clause 45 will not extend to the disclosure of information subject to legal privilege””." I hope that the Minister can clarify the situation under this clause with regard to information subject to legal privilege and offer some assurance in response. I beg to move.