Privacy Injunctions

Lord Mackay of Clashfern Excerpts

Monday 23rd May 2011 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, I very much welcome this Statement. I also welcome what the noble and learned Lord, Lord Falconer of Thoroton, said in response. However, is it clear whether the Joint Committee will have a remit to examine the practice of Parliament in relation to these matters? Parliament has long had a sub judice rule as a way of protecting the work which Parliament has assigned to the courts from undue interference by Parliament itself in exercising its undoubted right to discuss anything. It is extremely important that that aspect of parliamentary practice should be examined in the light of the present situation. As the quotation from the report of the Master of the Rolls shows, the sub judice rule was very much in the forefront.

This matter goes somewhat beyond the sub judice rule in this sense. The sub judice rule was put in place to protect the decisions which the judges had to make from prior discussion in Parliament, which might prejudice or pre-empt that decision, whereas the feature that we are dealing with at the moment seems to be an attempt to negate the effect of a judgment by using parliamentary privilege for that purpose. The situation is that a judge has decided that the person in question has a legal right to privacy on the matter. The question is whether it is appropriate for parliamentary privilege to be used to damage the effectiveness of that right and, if so, under what conditions, and subject to what rules. This matter requires quite detailed consideration. I do not believe for a minute that the judges were seeking to gag Parliament in any sense. They were seeking to ensure that their position in relation to Parliament was understood.

[Lord Wallace of Tankerness]

My Lords, my noble and learned friend raises some important—indeed, fundamental—points. I do not think that anyone is suggesting that the importance of Article 9 is in any way being challenged, but he makes some important observations. As for the terms of reference of the Joint Committee which is to be established, it has been indicated that the Justice Secretary and the Culture Secretary are to liaise with the chairs of the two committees in the other place. Obviously they will bear in mind the importance of this issue in Parliament, but it is also important to point out that the Government are already committed to bringing forward a draft Bill on parliamentary privilege. Given that, as I think my noble and learned friend indicated, there are issues that go much wider than these particular cases, this may well provide an opportunity for those important issues to be gone into in much greater detail—indeed, in the detail which they undoubtedly deserve.