Viscount Hailsham
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(3 days, 3 hours ago)
Lords ChamberExcuse me, it is the turn of Labour and then the Cross Benches.
I thank the noble and gallant Lord for this important question, which the noble Baronesses, Lady Smith and Lady Goldie, also asked, as to how on earth this could have happened. First of all, it was really important to ascertain whether there was any criminal or malign intent. The previous Government were quite right to refer that to the police for investigation. As I have already said, the police found that there was no evidence of any criminal or malign intent. Alongside that, it was referred to the Information Commissioner’s Office. The answer to the noble and gallant Lord’s question is the whole of the statement that the Information Commissioner’s Office made yesterday about its investigation into what happened, and into the way in which the Ministry of Defence has changed many of the processes that it had in place and its management arrangements to ensure as far as possible that we would not see that again. The importance of that is the independence of the Information Commissioner’s Office looking at what the MoD was doing, rather than the MoD marking its own homework.
My Lords, yesterday, the Secretary of State for Defence described the super-injunction as
“unprecedented, uncomfortable and, in many ways, unconscionable”. —[Official Report, Commons, 15/7/25; col. 160.]
Given that, does the Minister agree that if, in the future, super-injunctions are sought, or their renewal is sought, the application will be made only with the consent of not just the relevant Secretary of State but the Lord Chancellor and the Attorney-General?
My Lords, the noble Viscount, with his legal understanding and background, makes an interesting point. I cannot confirm whether that would be the right process and way forward but it is certainly something that should be thought about and considered. I will ensure that that suggestion is put into the process, but I cannot guarantee that it is the right way forward. I would need to talk to other colleagues about whether it is, but I thank him for his suggestion.