UPON the Respondents conceding that from January 2010, the regime for the
interception/obtaining, analysis, use, disclosure and destruction of legally privileged
material has not been in accordance with the law for the purposes of Article 8(2) of
the ECHR and was accordingly unlawful.
AND UPON the Security Service and GCHQ confirming that they will work in the
forthcoming weeks to review their policies and procedures in the light of the draft
Interception Code of Practice and otherwise.
AND UPON the Respondents confirming that the undertakings given to the Tribunal
on 22 January 2014 shall continue until the conclusion of the hearing provided for in
paragraph 4 below.
IT IS ORDERED THAT:
1. there be a declaration that since January 2010 the regime for the
interception/obtaining, analysis, use, disclosure and destruction of legally
privileged material has contravened Article 8 ECHR and was accordingly
unlawful.
2. the hearing fixed for 10 – 13 March 2015 to determine this preliminary issue is
vacated, and no further production therefor is required to be given by the
Respondents.
3. the factual issue as to whether the Claimants’ legally privileged
communications have in fact been intercepted/obtained, analysed, used,
disclosed or retained (“relevant interception”) shall be considered by the
Tribunal in a CLOSED hearing.
4. there will be an Open hearing to consider, on the hypothetical assumption (the
true position being neither confirmed nor denied), that there has been relevant
interception, what if any remedies should be granted to the Claimants, at
10.30 am on Thursday, 12 March 2015 in the Rolls Building in a court to be
notified.
5. the Claimants shall serve and lodge written submissions as to what remedies
ought to be granted to them on the hypothetical assumption (the true position
being neither confirmed nor denied) that there has been relevant interception,
by 12 noon on 3 March 2015: the Respondents shall serve and lodge written
submissions in response by 4 pm on 5 March 2015: Counsel to the Tribunal
shall serve any submissions by 10 am on 9 March 2015.