§ 165 After Clause 70, insert the following new clause:
§ ("Privileged information
§
.—(1) The following paragraph shall be substituted for paragraph (a) of section 175 of the 1948 Act (saving for disclosure of information by solicitors)—
(a) by any person of any information which he would in an action in the High Court, or in Scotland, the Court of Session be entitled to refuse to disclose on grounds of legal professional privilege except, if he is a lawyer, the name and address of his client;".
§ (2) In section 446 of the 1948 Act (saving for disclosure of privileged information in criminal proceedings) for the words from "nothing in this Act" to the end there shall be substituted the words "or the Secretary of State, nothing in this Act shall be taken to require any person to disclose any information which he is entitled to refuse to disclose on grounds of legal professional privilege".
§ (3) In section 116(1) of the 1967 Act (saving for disclosure of information by solicitors) for the words "the production by a solicitor of a document containing a privileged communication made by or to him in that capacity" there shall be substituted the words "the production by any person of a document which he would in an action in the High Court or, in Scotland, the Court of Session be entitled to refuse to produce on grounds of legal professional privilege.").
§ Lord Mackay of ClashfernMy Lords, I beg to move that this House doth agree with the Commons in the said amendment. With this amendment I should like to speak to Amendments Nos. 204 and 213. The net effect of these amendments is the introduction of a new clause which will supersede paragraphs 8 and 30 of Schedule 3 to the Bill, which extend to counsel legal professional privilege presently available to solicitors under Section 175 of the 1948 Act and Section 116 of the 1967 Act, and will also amend Sections 175 and 446 of the 1948 Act and Section 116 of the 1967 Act in so far as they relate to legal professional privilege.
Under the new clause a person shall not be required to disclose any information to the Secretary of State or an inspector appointed by him, or in proceedings instituted under the Companies Act 1948 by the Director of Public Prosecutions, by or on behalf of the Lord Advocate, or by the Secretary of State, or be required to produce a document under Part III of the 1967 Act, which he would in an action in the High Court or, in Scotland, the Court of Session, be entitled to refuse to produce on grounds of legal professional privilege. I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendment.—(Lord Mackay of Clashfern.)
§ On Question, Motion agreed to.