The Law Society has expressed concern that proposals to crack down on extremism announced in the Queen’s Speech could affect the lawyer-client relationship.
The Queen outlined the first 26 bills of the new majority Conservative government—and they did not include a bill to replace the Human Rights Act with a Bill of Rights. Instead, the government will issue a consultation on its proposals for human rights.
The Bills that were announced include a referendum on the EU; a tax lock to block rises in VAT, income tax and national insurance; plans to extend childcare; a counter-extremism bill to tackle radicalisation; the extension of right to buy to housing association tenants; reform of strike laws to require a higher turnout of union members; and further Scottish devolution and measures to give English MPs more say on English laws.
In a briefing note, Arden Chambers explained that local authorities will be required to dispose of high-value council houses to fund the extension of the right to buy while planning laws will be amended to facilitate more “self-build” homes. The trial of restrictions on renting to foreign nationals will be extended across the UK, while new legislation will be introduced to make it “easier to evict illegal migrants”.
Simons Muirhead & Burton said legislation will be introduced to reduce regulation of small businesses so they can create more jobs and to reform trade unions’ ability to call a strike.
On plans to crack down on extremism, Law Society president Andrew Caplen said: “Communication between a lawyer and their client should be given explicit protection.
“We are concerned that the Investigatory Powers Bill could include measures that would allow surveillance of data communications. We expressed a number of serious reservations about the original draft Communications Data Bill in 2012. The last government failed to make a convincing case for the original Bill which was overly intrusive and lacked sufficient safeguards.”
Caplen said the Law Society looked forward to working with the government on its consultation on human rights.
On the Bill for the EU referendum, he said: “It is important for the profession to look at the implications for the legal sector of any decision by the UK to remain in or withdraw from the EU. We will be publishing a report on the implications for the legal sector this summer as an initial contribution to the national debate. We will be seeking the views of our members about the implications for them and their clients as that debate develops.”
Writing in NLJ this week, Sir Geoffrey Bindman QC suggests that the new Lord Chancellor, Michael Gove, could help oversee a move towards a more inquisitorial process in England and Wales. “These tend to shift the burden (and cost) of investigation and presentation of evidence away from the litigants to the judiciary and the state bureaucracy,” he writes.
Bindman was a member of the Justice working party, “Delivering Justice in an Age of Austerity”, which published its report last month.
