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The Government of Guyana has decided to send the National Intelligence and Security Agency (NISA) Bill to a Special Select Committee of the Parliament, following concerns raised by the Bar Association of Guyana. The move comes after the President of the Bar Association, Attorney Pauline Chase, expressed opposition to the Bill in its current form, warning that it poses a serious threat to the legal profession, particularly in terms of confidentiality between lawyers and clients.
Chase highlighted that the erosion of legal professional privilege is a global issue, first brought about by the introduction of anti-terrorism and anti-money laundering legislation after 2001. Now, Section 41 of the NISA Bill threatens to further expand this erosion of privilege by exempting breaches of confidentiality arising from legal professional privilege from being subject to legal action.
Speaking at a Law Week Symposium, Chase emphasized that legal professional privilege is fundamental to the legal profession and the administration of justice. She called for substantive appointments to be made to ensure an efficient system of justice in Guyana.
In response to the concerns raised by the Bar Association, President Irfaan Ally has instructed the Minister of Parliamentary Affairs and Governance and the Attorney General to send the NISA Bill to a Special Select Committee of the Parliament. This will allow for the views and ideas of all stakeholders to be examined.
Ally stated that he is aware of the importance of the NISA Bill, but is equally committed to ensuring that its fulsome nature is understood and that interested stakeholders are given the opportunity to contribute to it.
Despite this move by the Government, the Bar Association of Guyana remains concerned about the implications of the NISA Bill in its current form. The Association has signaled its opposition to the Bill and will likely continue to monitor developments closely.
