The highest Dutch legal authority, the Council of State, has shredded parliament’s plans to record interviews between lawyers and people serving time in high security prisons, saying it would conflict with the constitution and the European human rights treaty. 

Justice minister Franc Weerwind had wanted to sanction visual recordings of meetings between high security prisoners and lawyers following claims that some members of the legal team had been passing on messages to the outside world. 

But last month MPs voted in favor of a BBB motion to allow both audio and visual recordings, and a second VVD motion to give the minister the right to single out any prisoner to be recorded.

In the first case, the recording would be kept for five years and listened to if necessary. In the second, an independent panel would listen to the recording and decide if action is needed. 

The measures were adopted despite legal protection minister Franc Weerwind’s protests. He then asked the council for its opinion. 

The council said on Monday that confidential communications between lawyer and suspect are “at the core of the right to a fair trial”. This, the council said, “is of great importance in a democracy”.

The agency also pointed out that exceptions can already be made, but only in individual cases and if there is clear evidence that the right to confidential conversations is being abused. 

“Both amendments do not include this,” the council said. “We therefore conclude that the amendments are incompatible with the constitution, European human rights law and European Union legislation.”

Weerwind has now delayed a vote on the revised legislation. He can now choose to withdraw it altogether or let the upper house of parliament have its say.