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Injunctions

I am grateful for the opportunity to respond to my hon. Friend on an issue that I know is of considerable concern in this House as well as to the public and the media. The Government believe that freedom of speech is a cornerstone of our democracy, and that it is of the greatest importance that people should be able to discuss and debate issues as freely and openly as possible. This includes those occasions when freedom of speech is exercised provocatively, as it is supposed to be in a free country. Plainly, however, there are also occasions when an individual is entitled to have their privacy protected. There is a balance to be struck and this is reflected in our existing legal framework. The Government recognise the importance of finding the correct balance between individual rights to privacy on the one hand and rights to freedom of expression and transparency of official information on the other. We also recognise that there are widely differing views on what that balance should be. It is in no one's interest to rush to judgment on this. The complexity of the issue and the lack of consensus are some of the reasons why the report of the Master of the Rolls' committee on the procedural aspects of super-injunctions and anonymity injunctions published last Friday is to be welcomed, and why we will want to take on board its carefully thought through recommendations. It reaffirms that open justice is a fundamental constitutional principle, and that exceptions are permissible only to the extent that they are strictly necessary in the interests of justice. While such decisions will necessarily be made in each particular case, dependent on the facts of that case, it does offer a likelihood of some greater clarity. The report indicates that when some degree of secrecy is necessary, the facts of the case and the reason for secrecy should be explained, as far as possible, in an openly available judgment. It also emphasises that super-injunctions—where the fact that there is an injunction, as well as the substantive issues, has to be kept secret—are now only being granted for very short periods where secrecy is necessary to ensure that the whole point of the order is not destroyed. We hope that its analysis and recommendations should help to allay concerns that super-injunctions were being granted far too readily and about their potential open-endedness. Of course, a range of wider issues has been raised by the events of the past few months and especially the past weekend. We take seriously the need ensure that we have the correct balance between privacy and freedom of expression. Today, the Prime Minister will write to my hon. Friend the Member for Maldon (Mr Whittingdale) recommending that a Joint Committee be established to consider how current arrangements can be improved. Such a Committee will be able to use representation of both Houses and the considerable expertise that Select Committees have to examine whether the current arrangements are working and to consider whether we might make any changes that would make things work better. In the meantime, it is right to emphasise that just as any change in the law is a matter for Parliament, the interpretation of the law is a responsibility placed on the judiciary. Legal mechanisms exist to review individual decisions that may be mistaken. If we believe in the rule of law, it is our duty as parliamentarians to uphold those principles.