Dominic Raab
Main Page: Dominic Raab (Conservative - Esher and Walton)Department Debates - View all Dominic Raab's debates with the Attorney General
(13 years, 6 months ago)
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The Attorney-General
As I indicated at the outset, it is possible for Parliament to enact changes to the law. The fact that the courts may not be able to and may not seek to control everything that might be said in breach of an injunction does not necessarily mean that that injunction does not have a valid purpose. It can at least limit the circulation of the damage, even if it cannot stop it. So for those reasons—we do not live in a perfect world—I do not think that the fact that an injunction can be breached and may be breached by some individuals invalidates it, although a point can sometimes be reached where a matter becomes so public and the currency so total that the existence of the injunction becomes pointless.
Mr Dominic Raab (Esher and Walton) (Con)
I welcome the review. Twittergate is just the latest example of judicial legislation distorting the balance of human rights under article 8 of the European convention. There have been other examples recently, including the defeating of deportation orders under article 8 in relation to convicted criminals. The Attorney-General rightly points out that there is a big difference between judges interpreting the law and judges making new law, which is for elected representatives. Does he agree that the Human Rights Act has at least contributed to undermining that separation of powers?
The Attorney-General
In constructing the Human Rights Act, I do not think Parliament can be described as anything other than open-eyed as to what it intended to do about privacy law. It debated the issue extensively, there was a great deal of polemic on the Floor of the House, and it put in section 12 to try to emphasise that the balance should be in favour of freedom of expression. I am well aware of the fact that the way that interpretation has taken place has come in for criticism. It is also true, and the point was made by the Lord Chief Justice on Friday, that a remarkable feature of many of these orders is that they have never been appealed or taken further once they have been granted, so the development of case law in this area has as a result, on some of the matters complained of, not necessarily taken place. We clearly set out a framework and asked the judiciary to interpret it. Whether we were right or wrong to do that is a matter of legitimate public debate.