Oral question asked in the House of Lords, by Lord Taverne (Liberal Democrat). It was answered on Thursday, 15 October 2009.

Parliament: Reporting of Proceedings

Question: My Lords, I welcome the reaction of all parties, the Prime Minister and the Government, to the questions that arose yesterday out of Mr Paul Farrelly’s Question to the Commons. However, the threat still exists. These so-called super-injunctions are becoming more common and can be very oppressive. Will the Government take this opportunity to make it absolutely clear that similar actions to those of Carter-Ruck would be a clear breach of Article IX of the 1688 Bill of Rights, which states that, ""the Freedom of Speech and Debates or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament"?" Will the Government also take note of the remarks made yesterday by Lord Justice Laws on the law of libel and set up an urgent review of whether what he called the delicate balance between the right of reputation and the right to free expression has not perhaps tilted too far in favour of the former? Will they also look at whether so-called libel tourism should not be restrained?

Answer: We are looking at all the matters that the noble Lord raises. Of course, the courts have always had the right to restrain publication that would frustrate the very purpose of their orders, but it seems that they have used that power more during the past few years than previously. The Government will not seek to intervene in any way in what a newspaper or magazine chooses to publish. The press must abide by the law just as we all must. However, the issues that the noble Lord raises are very live ones in the Ministry of Justice. My right honourable friend the Justice Secretary is seeing Mr Speaker this afternoon, a senior official from my department is meeting the lawyers of the major newspapers today and the judiciary is being consulted.

Secondary information

Type: Oral question
Reference: 713 c324-5
Session: 2008-09
Oral question type: 1st Supplementary
Chamber / Committee: House of Lords chamber
Subjects: Defamation Freedom of expression Injunctions Newspaper press Parliamentary reporting
Link: View this Oral question on www.publications.parliament.uk