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