Oral Answers to Questions

John Whittingdale Excerpts

Tuesday 17th May 2011 Commons Chamber

[Mr Blunt]

No, it is not. The hon. lady is referring to a decision by the management of London prisons, which are principally local prisons, to focus on short-term offenders who are incarcerated in London as well as in local prisons supporting the courts. We are going to change the system so that restorative justice is embedded in the criminal justice process from beginning to end. The hon. Lady supported her party for a very long time in trying to get that done. I assure her that we shall absolutely deliver it.

[Mr John Whittingdale (Maldon) (Con)]

2. If he will estimate the number of existing injunctions granted on the grounds of invasion of privacy.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

The Ministry of Justice currently holds some limited data on the numbers of injunctions applied for in the county courts, but they do not allow identification of anonymity injunctions. The Department’s chief statistician is currently considering how robust data on the number of anonymity injunctions issued by the courts might be collated in the future.

[Mr Whittingdale]

Is my right hon. and learned Friend concerned about the possibility that the large number of injunctions that appear to be being granted on a routine basis suggests that the courts are paying insufficient regard to section 12 of the Human Rights Act 1998, which was intended to protect press freedom? Given that, and given the huge speculation on the internet about the identities of those who have obtained injunctions, does he feel that the time is approaching when Parliament may need to revisit the issue?

[Mr Clarke]

I do not think any of us know whether the number is increasing. As far as I am aware, there have been two super-injunctions since the John Terry case, but the word “super-injunction” gets used very widely. I realise there is increasing concern, however. I personally have strong views on the secrecy of justice. We have a tradition of open justice in this country. Plainly, I believe in the freedom of the press and freedom of speech in this country, even when it is sometimes exercised provocatively, as it is supposed to be in a free country, but there are also areas where an individual is entitled to have their privacy protected. The time is certainly coming when the Government are going to have to look at this matter, although we will probably wait until we have had the report of the Master of the Rolls, who is looking rather more closely at the procedural aspects.