make any material difference to the issue which the Tribunal might have to
determine.
15. The Tribunal is also inclined to doubt whether consideration of the applicable
provisions of RIPA could make any difference to the assessment of whether relief
requires to be granted to protect legal professional privilege, if it were to be
established (a) that legally privileged information had been communicated to a
lawyer or official engaged in the civil action and (b) that there is a real risk that
communication of that information may give rise to a disadvantage to the claimants.
However the circumstances in which and the powers under which the information
was obtained are at least relevant background, and it would be wrong , in advance of
seeing the facts, to rule out those factors as being potentially material to
consideration of whether any relief should be granted, and in what form.
16. But the important point is that the Respondents accept that the principles to be
applied are the common law principles set out in Stiedl v Enyo, and they do not
submit that there is any provision of RIPA, or any other applicable statute, which has
the effect of overriding those principles. On that basis the Tribunal is satisfied that
paragraph 6 of the undertakings offered by the Respondent does provide proper
protection for the interests of the Claimants, and that is the form of undertaking
accepted, on an interim basis, by the Tribunal.
Closed Hearings
17. Under section 68 (1) of RIPA the Tribunal is entitled to determine its own procedure,
subject to the rules made under section 69 (6).
18. Section 69 (6) provides:
“In making rules under this section the Secretary of State shall have regard, in particular,
to—
(a) the need to secure that matters which are the subject of proceedings, complaints or
references brought before or made to the Tribunal are properly heard and considered; and
(b) the need to secure that information is not disclosed to an extent, or in a manner, that is
contrary to the public interest or prejudicial to national security, the prevention or detection
of serious crime, the economic well-being of the United Kingdom or the continued discharge of
the functions of any of the intelligence services.”
Under Rule 6 (1) the Tribunal is required to carry out its functions in such a way as to
secure that information is not disclosed to an extent, or in a manner, that is contrary
to the public interests identified in section 69 (6) at (b).
19. Paragraph 6 (2) of the Tribunal rules provides: