Injunctions

Debate between Matthew Offord and Dominic Grieve

Monday 23rd May 2011 Commons Chamber

[The Attorney-General]

I think that will be very much a matter for the discretion of the judge hearing the case. I do not think that one could make some kind of blanket pronouncement as to how it would operate in practice, but clearly the merit of the course of action being proposed is that it would remove the element of total secrecy, which—I can well see this argument—fuels speculation and in some cases, I have little doubt, a lack of understanding as to why the application was made in the first place, whether it was successful or not.

[Mr Matthew Offord (Hendon) (Con)]

I think that we all agree in the House that the law should be used to protect the vulnerable and not to hide the misdemeanours of those with large cheque books, but does my right hon. and learned Friend agree that we have found ourselves in this situation because of the behaviour of some of the newspaper press? Super-injunctions have emerged because of the ineffectual and impotent way in which the Press Complaints Commission works, but we can regulate that and give ourselves greater protection from abuse.

[The Attorney-General]

Looking at the matters that have been complained of recently, it seems to me fairly noteworthy that the press appear generally to observe the terms of injunctions against them. Indeed, from that point of view the injunction system appears to be quite effective; it is in other respects, such as the blogosphere and Twitter, that the difficulty emerges. What is absolutely clear is that breaches of court orders should not take place.