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Khan of Tooting, Lord
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Khan of Tooting, Lord (2)
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As is often the case, I find myself agreeing to a large extent with what the Lord Chancellor says, but let me say this. Super-injunctions are not granted by European judges using European law; they are granted by British judges using British law, and Parliament has supremacy over that law and those judges. If clarity and guidance is required and suitable, and bearing in mind the fact that we have the draft Defamation Bill and the forthcoming justice Bill, why does he not just say that he will use those vehicles to provide clarity and guidance?
As is often the case, I find myself agreeing to a large extent with what the Lord Chancellor says, but let me say this. Super-injunctions are not granted by European judges using European law; they are granted by British judges using British law, and Parliament has supremacy over that law and those judges. If clarity and guidance is required and suitable, and bearing in mind the fact that we have the draft Defamation Bill and the forthcoming justice Bill, why does he not just say that he will use those vehicles to provide clarity and guidance?
Asked by
Lord Khan of Tooting
(Labour)
Answering body
Ministry of Justice
Oral questions - Supplementary
Status
Answered
Answered on
17 May 2011
We will consider these matters, and it is probably right that Parliament passing a privacy Act might well be the best way of resolving the issue, but we need to get somewhat nearer a consensus and to know exactly how we are trying to strike the balance before something is submitted for the judgment of Parliament. We may well not have to wait until the end of a long, controversial process such as that, and instead find some other way of tackling the issue, but we are considering it and we will come back with proposals in due course. If there were debate on a privacy Bill, there would be an interesting range of opinions even in Parliament, but I have not met many people yet who seem to have the perfect answer as to how to get the balance right.
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c137-8
Chamber / Committee
House of Commons chamber
House
House of Commons
The Lord Chancellor is right to remind us that it is important that we get the balance right between freedom of speech and an individual's right to privacy, but he will be aware of the public disquiet about the use of the anonymity injunction or super-injunction, both in terms of its abuse—or alleged abuse—and its circumvention, for example by the use of Twitter. As he has said, the current situation is not satisfactory, but the Master of the Rolls is simply looking at the process, rather than the substance. What does the Lord Chancellor intend to do about that, so as to provide leadership on this issue?
The Lord Chancellor is right to remind us that it is important that we get the balance right between freedom of speech and an individual's right to privacy, but he will be aware of the public disquiet about the use of the anonymity injunction or super-injunction, both in terms of its abuse—or alleged abuse—and its circumvention, for example by the use of Twitter. As he has said, the current situation is not satisfactory, but the Master of the Rolls is simply looking at the process, rather than the substance. What does the Lord Chancellor intend to do about that, so as to provide leadership on this issue?
Asked by
Lord Khan of Tooting
(Labour)
Answering body
Ministry of Justice
Oral questions - Supplementary
Status
Answered
Answered on
17 May 2011
First, I agree that the Master of the Rolls is looking at process, and I am sure what he says will be very valuable. As I have said, we will wait until he reports back before starting to take a proper look at the issue, but I think the Government will now have to study it and decide whether there is a case for intervening. There will never be unanimity on all these judgments, precisely because it is so difficult to balance the competing parts of the convention on human rights and the competing interests involved. There have been cases where we have certainly needed to know—such as where people are disposing of waste material by dumping it off the coast of Africa. That is easy in one direction, but in the other, every time I watch a football team I do not think I necessarily need to know about the sex life of each of the players.
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c137
Chamber / Committee
House of Commons chamber
House
House of Commons