My Lords, I will not dare to try to better the arguments already made in this debate but will only emphasise two things with regard to the amendments to which I have added my name.
The first, which has already been mentioned by the noble Lord, Lord Pannick, is that this so-called privilege is of the utmost importance to clients—the description always sounds as if it is your privilege rather than ours. I speak as the former chair of the Legal Services Consumer Panel, where we represented the interests of those who—often in times of trouble—need the help and advice of a lawyer.
We know that very many people who could do with legal assistance do not go, partly because they do not know that they need it, partly because they do not know how to get it, partly due to cost, but also because it is all a bit too intimidating. It often falls to the lawyer to reassure them not just about the particular case, but that what passes between them will be absolutely confidential and—for example, in the case of a domestic break-up or a child’s custody—will never be revealed to their former partner or others involved, including agencies of the state.
Therefore, this confidential relationship is key to people getting good advice and advocacy and a fair hearing, as well as being key, as we have already heard, to the role of our lawyers and the rule of law. However, we also understand that there will be occasions when
some details of this relationship might be caught by powers included in the Bill. We look for some assurance that the maintenance of clients’ confidence is absolutely understood, and that any such occasions will be as limited as we have heard, and only after proper due process.
We look forward to hearing in the Minister’s response the Government’s current thinking and perhaps some indication of what they will be willing to bring forward on Report.