§ Miss Maynardasked the Secretary of State for the Home Department (1) whether, in the light of the proceedings taking place in the European Commission of Human Rights regarding privileged correspondence between solicitors and their inmate clients, he will issue guidance to solicitors on how letters covered by rule 37A(1) should be marked so as to distinguish them from mail liable to be opened and read pursuant to rule 33;
(2) what steps he is taking to protect from examination correspondence between an inmate and his solicitor regarding an adjudication in respect of which the inmate has a right to consult a solicitor; and if he will make a statement of the basis of application of prison rule 37A(1) to such correspondence.
§ Mr. MellorPrison rule 37A(1) protects correspondence between a prisoner and his legal adviser in connection with legal proceedings to which the prisoner is party from being read or stopped, unless the governor has reason to suppose that it contains matter not relating to the proceedings. This protection is extended by standing order 5B 35 to correspondence between a prisoner and his legal adviser about an adjudication. Neither the prison rule nor the standing order prevents correspondence from being opened and examined—for example, to check for illicit material.
The examination of legal correspondence is the subject of a case under the European convention on human rights. My right hon. Friend will want to consider the app j 1–9arrangements for the examination of such correspondence, including the points raised in these questions, in the light of the outcome of that case.