Privacy Injunctions

Lord Elystan-Morgan Excerpts

Monday 23rd May 2011 Lords Chamber

[Lord Wallace of Tankerness]

I would certainly agree with the noble Lord. No doubt when the Joint Committee comes to take evidence, the professional bodies, the Law Society and Bar Council, will be bodies that it will want to seek evidence from—as well, no doubt, as from individuals who have much experience to bring to bear on these important matters.

[Lord Elystan-Morgan]

Does the Minister accept that the Bill of Rights and the Parliamentary Papers Act 1840 were passed in ages very different from our own and dealt with circumstances very different from those now relevant? Does he accept that the effect of those Acts very often is to make it possible for a statement to be made in Parliament that would be utterly contumelious of a decision of the courts were it not for the particular privilege thereby conferred? Will he encourage those who sit on the Joint Committee to be bold and imaginative in these circumstances and to see to it that the law of the land is not flouted, save in those rare, almost unique, circumstances where parliamentary privilege should be allowed to cloak such an action?

[Lord Wallace of Tankerness]

My Lords, as I have already made clear, it is almost self-evident that the Bill of Rights 1689 and the Parliamentary Papers Act 1840 were promulgated in times very different from today. Notwithstanding that, there are clearly some important principles enshrined in them. Indeed, on numerous occasions, even in recent times, we in this House have sought to emphasise their importance and how much we cherish them. In terms of the Joint Committee and in the opportunity to look much more broadly at parliamentary privilege, that will be an opportunity to consider in detail some of these issues. The Master of the Rolls’ report published last week has a chapter devoted to parliamentary privilege and identifies some of the tensions that are there. All of those elected to the other House and Members of this House take parliamentary privilege very seriously, and if we wish to say anything on matters that are sub judice it should be done only with the greatest of forethought.