Injunctions Debate

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Department: Attorney General
Monday 23rd May 2011

(13 years, 6 months ago)

Commons Chamber
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Dominic Grieve Portrait The Attorney-General
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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.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
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I agree with the Attorney-General that there is a balance to be struck between privacy and freedom of expression, but does he share my grave concern that how that balance is struck seems to depend more on the wealth of the individual concerned than on the facts of the case? Will he make sure that in any legislation or any other changes that happen, all people have access to the law, regardless of their wealth, whether in this area, libel reform or any other aspect?

Dominic Grieve Portrait The Attorney-General
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As my hon. Friend will appreciate, that is ultimately a matter for my colleagues in the Ministry of Justice, with regard to the legal aid framework, but it is right to say that the vulnerable in our society do enjoy legal aid in order to bring cases before the courts and, indeed, to get the help necessary to do so. It is perhaps also worth pointing out, as the Lord Chief Justice said on Friday, that a slightly odd feature of these cases, although an understandable one, is that those people in whom the media have an interest appear to be those who are very wealthy.