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Writ January New Grid Issue No. 120 January 2001 THE RIT JOURNAL OF THEW LAW SOCIETY OF NORTHERN IRELAND Solicitor - client confidentiality: Assembly debate The Secretary of State has published for professional and legal obligation, to Explanatory Document. public consultation a draft Order in disclose any information about a client’s 7. The Government’s assertion that the Council which will further extend the affairs without a waiver by the client or proposed legislation complies in all extensive powers available to on foot of a clear and lawful authority for respects with the terms of the European investigating authorities under the doing so. Convention on Human Rights may not be Proceeds of Crime (NI) Order 1996. The 4. These protections have not been well-founded. draft Financial Investigation (NI) Order devised by accident or by lawyers for has been referred also to the Northern lawyers. They are characteristic of all 8. The effect of the amendments to the Ireland Assembly for consideration. One developed democratic legal systems over 1996 Order now proposed would appear of the proposals is that investigators will many centuries. The issue is not to be to make client information available have power to issue a general circular to encroachment on lawyers’ territory. These to the financial investigator all solicitors’ offices seeking information principles have evolved under judicial retrospectively. That is, on (specified by the investigator) about supervision over the years so as to commencement of the proposed Order, it transactions involving a named prevent excesses such as furtherance of would be possible for an inquiry to be individual. This trawling process is not criminal interest. The principles do not raised about a transaction which was subject to meaningful judicial oversight, provide carte blanche to criminals. entered into by an individual prior to the is subject to only minimal protection from introduction of this legislation on the disclosure on grounds of legal 5. The Proceeds of Crime Order, which basis that his or her confidence with his professional privilege, and raises is to be amended by the proposed Order, or her solicitor would be respected and important issues about solicitor - client represents a series of extensive powers preserved by law. confidentiality. already available to the investigating authorities. It is notable that the 9. We would invite the Committee to A small Society team, led by the Explanatory Document refers to the fact consider supporting the position of the President, gave evidence on the draft that the provisions of the 1996 Order Society on the following points Order to the Ad Hoc Committee of the have been used to good effect. The Assembly established to examine the [a] to acknowledge the importance of powers therein are widely recognised as safeguarding the public interest in the proposals. The main points in the Society draconian, but the present provisions presentation were: principles of solicitor-client have the merit of being applied confidentiality and legal professional 1. The Law Society does not condone throughout the United Kingdom and privilege; the activities of criminals, nor do we have have built-in safeguards. [b] having regard to the importance of any interest in affording protection to 6. There are indications that the those principles, to affirm that these drug barons, terrorists or racketeers. We measures have been proposed in should not be interfered with lightly, do therefore understand and appreciate response to views expressed by the law without careful consideration of other the objectives and sentiments which lie enforcement agencies, and on the basis of options or without the provision of behind the proposals. However we are a study. The proposals have been effective safeguards; obliged to draw attention to the rights of prepared without any input from the every citizen to due process and equal Law Society. We make this point about treatment before the law. the value of prior consultation because this would have allowed there to be: an 2. The proposed Order will encroach exchange of information and experience further on the principles of Contents about the operation of the present solicitor/client confidentiality and legal provisions; an evaluation of any professional privilege. These principles problems which arise at present, and Tomorrow’s World - A Legal Odyssey . p2 do not afford privileges to lawyers; they exploring alternative means by which the provide vital protections to individual concerns of the authorities might be New Challenges - New Risks . p9 citizens. addressed; and may have avoided some Child Support Reforms . p12 3. A solicitor is in the unique position of of the questionable assumptions about being unable, as a matter of both the profession which appear in the January 2001 2 'TOMORROW’S WORLD - A LEGAL ODYSSEY’ Dear Colleague, The Conference will commence on Friday afternoon, with Golf at the Hilton I have pleasure in inviting you to join us Templepatrick Course for the Syntegra at the Society's Annual Conference in Challenge Trophy. An early evening meal Belfast on 6th/7th April 2001. It is surely at the Hilton Hotel Belfast will be time for us to show off some of the new followed by a visit to the Grand Opera features of our great City, not only to our House and a performance of ART, a visitors from outside the province, but highly acclaimed play starring Nigel also to many of our members who may Havers. A taxi service will be available not fully appreciate what Belfast has to from the Hilton, Belfast to and from the offer. Grand Opera House. We will be one of the first organisations A function room has been reserved at the Law Society President, Mr John Neill. to hold a major event at W5, the Hilton Hotel Belfast where those Interactive Science Centre which is part interested in the fortunes of the Irish not enjoyed widespread support in recent of the Odyssey Complex. The main Rugby team can watch the Ireland -v- years. This year's conference will be semi- events will be held in this venue on Scotland match on television on Saturday residential, in that our members and their Saturday 7th April, where, as well as a afternoon. Others may wish to enjoy the families and friends will have the option business session of lectures on matters of facilities of the hotel's leisure centre and of either staying at the Hotel for all or current interest in the morning (further swimming pool. A courtesy coach will part of the time, or of attending specific details later), members and their families provide a shuttle service between the hotel events on a non-residential basis. A room will have a one hour preview of W5 and the Odyssey centre on Saturday. will be made available at the Hilton before it is opened to the public at 2.00 Belfast for anyone requiring to change A further alternative will be a guided tour p.m. At 3.00p.m.members and their prior to the dinner on Saturday night. of some of Belfast’s historical pubs. families will have the opportunity to I believe that there is something of view a film in the new IMAX Centre. The A Drinks Reception and the Conference interest for everyone at this year's Conference will also afford an Dinner (Black Tie) will follow on Saturday conference. I would urge you to come opportunity to explore the remainder of evening in the magnificent offices of the along and enjoy with us our main event this wonderful new complex. Belfast Harbour Commissioners, where of the year - it is your Conference. I draw Ulster Brass (members of the brass section your attention to the pre-booking form As part of the Conference there will be an of the Ulster Orchestra) will provide opposite. exhibition in W5 on Saturday morning musical entertainment and visitors will from 11.00am - 3.00pm. Exhibiting will be have an opportunity to view the superb I look forward to seeing you there. the major providers of legal support exhibition of maritime art and furnishings. equipment and systems for the profession, and this will provide an We have decided to depart from the JOHN NEILL opportunity, at your leisure, to consider customary concept of a residential what is now on offer. weekend conference, as this format has President Continued from page 1... be by way of Order in Council; to the matters we have raised. [e] that legislation on these matters “Our concerns are not about mere legal should not be applicable to Northern niceties or lawyers’ self-interest. We have [c] that any legislation on the lines Ireland on a selective and experimental presented our concerns carefully and proposed or, at a minimum, basis. responsibly. We await with interest sight implementation of those provisions of the Committee’s final report and will affecting solicitor/client confidentiality A Committee Report will go to the continue to press these points with the and legal professional privilege should Assembly shortly. Commenting on the Assembly and the Government.” not be brought forward pending full and attendance before the Committee, the meaningful consultations between the President, John Neill said, “We The consultation exercise on the proposals NIO and the Law Society; appreciated the opportunity to address closes on 12th February. Any member of the Committee on these issues of the profession wishing to express a view [d] that if and when legislation on these fundamental importance to every citizen may wish to copy these to the Chief matters is brought forward, it should not and welcome the attention given to date Executive at Law Society House. January 2001
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