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The Leader of the House of Lords and I are today setting out the next steps in the Government's preparation of a draft Bill on parliamentary privilege. The Programme for Government announced our intention to"““prevent the possible misuse of parliamentary privilege by MPs accused of serious wrongdoing””." Following this, the...
The Leader of the House of Lords and I are today setting out the next steps in the Government's preparation of a draft Bill on parliamentary privilege. The Programme for Government announced our intention to"““prevent the possible misuse of parliamentary privilege by MPs accused of serious wrongdoing””." Following this, the...
The Deputy Leader of the House of Commons and I are today setting out the next steps in the Government's preparation of a draft Bill on parliamentary privilege. The programme for government announced our intention to ““prevent the possible misuse of Parliamentary privilege by MPs accused of serious wrongdoing””. Following...
The Deputy Leader of the House of Commons and I are today setting out the next steps in the Government's preparation of a draft Bill on parliamentary privilege. The programme for government announced our intention to ““prevent the possible misuse of Parliamentary privilege by MPs accused of serious wrongdoing””. Following...
The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the coalition agreement with regard to EU justice and home affairs measures. In accordance with the coalition agreement, the Government have said they...
The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the coalition agreement with regard to EU justice and home affairs measures. In accordance with the coalition agreement, the Government have said they...
My right honourable friend the Lord Chancellor and Secretary of State for Justice (Kenneth Clarke) has made the following Written Ministerial Statement. The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the...
My right honourable friend the Lord Chancellor and Secretary of State for Justice (Kenneth Clarke) has made the following Written Ministerial Statement. The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the...
Resolved, That this House concurs with the Lords Message of 27 June, that it is expedient that a Joint Committee of Lords and Commons be appointed to consider privacy and injunctions, including: (1) how the statutory and common law on privacy and the use of anonymity injunctions and super-injunctions has operated in practice; (2) how best to strike the balance between privacy and freedom of expression, in particular how best to determine whether there is a public interest in material concerning people’s private and family life; (3) issues relating to the enforcement of anonymity injunctions and superinjunctions, including the internet, cross-border jurisdiction within the United Kingdom, parliamentary privilege and the rule of law; and (4) issues relating to media regulation in this context, including the role of the Press Complaints Commission and the Office of Communications (OFCOM); That the Committee should report by 29 February 2012; That a Select Committee of thirteen Members be appointed to join with the Committee appointed by the Lords; That the Committee shall have power— (i) to send for persons, papers and records; 14 July 2011 : Column 585 (ii) to sit notwithstanding any adjournment of the House; (iii) to report from time to time; (iv) to appoint specialist advisers; and (v) to adjourn from place to place within the United Kingdom; That Mr Ben Bradshaw, Mr Robert Buckland, Philip Davies, George Eustice, Paul Farrelly, Martin Horwood, Eric Joyce, Mr Elfyn Llwyd, Penny Mordaunt, Yasmin Qureshi, Ms Gisela Stuart, Mr John Whittingdale and Nadhim Zahawi be members of the Committee
Resolved, That this House concurs with the Lords Message of 27 June, that it is expedient that a Joint Committee of Lords and Commons be appointed to consider privacy and injunctions, including: (1) how the statutory and common law on privacy and the use of anonymity injunctions and super-injunctions has...
To ask the Secretary of State for Justice what recent assessment he has made of the effectiveness of the use of super injunctions.
To ask the Secretary of State for Justice what recent assessment he has made of the effectiveness of the use of super injunctions.
To ask the Secretary of State for Justice what recent discussions he has had with representatives of the Northern Ireland Executive on super-injunctions.
To ask the Secretary of State for Justice what recent discussions he has had with representatives of the Northern Ireland Executive on super-injunctions.
To ask the Secretary of State for Scotland whether he has had discussions with the Secretary of State for Justice on the effects of super-injunctions made under English law on the freedom of the press in Scotland.
To ask the Secretary of State for Scotland whether he has had discussions with the Secretary of State for Justice on the effects of super-injunctions made under English law on the freedom of the press in Scotland.
(3) by what date he plans to propose that the joint committee to consider law and guidance in relation to super-injunctions should report.
(3) by what date he plans to propose that the joint committee to consider law and guidance in relation to super-injunctions should report.
(2) whether he proposes that the joint committee to consider law and guidance in relation to super-injunctions will consider the use of parliamentary privilege as part of its work;
(2) whether he proposes that the joint committee to consider law and guidance in relation to super-injunctions will consider the use of parliamentary privilege as part of its work;
To ask the Secretary of State for Justice (1) when he will bring forward proposals for the membership of the joint committee to consider law and guidance in relation to super-injunctions;
To ask the Secretary of State for Justice (1) when he will bring forward proposals for the membership of the joint committee to consider law and guidance in relation to super-injunctions;
Lords statement on privacy injunctions.
Lords statement on privacy injunctions.
The right hon. Gentleman raises an important point, but it ties in with the earlier point about how all this can be enforced. As I said earlier, however, those who take an idea that modern methods of communication mean that they can act with impunity may well find themselves in...
The right hon. Gentleman raises an important point, but it ties in with the earlier point about how all this can be enforced. As I said earlier, however, those who take an idea that modern methods of communication mean that they can act with impunity may well find themselves in...
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...
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...
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...
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...
Scotland enjoys and has always enjoyed a separate legal system. It follows that orders made by the courts of England and Wales, generally speaking, do not have application there, although there are at times some exceptions.
Scotland enjoys and has always enjoyed a separate legal system. It follows that orders made by the courts of England and Wales, generally speaking, do not have application there, although there are at times some exceptions.
I have to say to my hon. Friend that I am not quite sure what they are supposed to butt out from. If he is suggesting that they should butt out from doing their duty and following the judicial oath that they take, I am afraid I disagree with him.
I have to say to my hon. Friend that I am not quite sure what they are supposed to butt out from. If he is suggesting that they should butt out from doing their duty and following the judicial oath that they take, I am afraid I disagree with him.
I would assume that across the House it would be considered that the abuse of parliamentary privilege to subvert court orders made with the express intention of implementing Parliament's legislation through the courts is improper. Ultimately, however, that is a matter for this House and Mr Speaker to regulate, and...
I would assume that across the House it would be considered that the abuse of parliamentary privilege to subvert court orders made with the express intention of implementing Parliament's legislation through the courts is improper. Ultimately, however, that is a matter for this House and Mr Speaker to regulate, and...
Yes, and that is why I hope the route proposed by my right hon. Friend the Prime Minister today commends itself to the House.
Yes, and that is why I hope the route proposed by my right hon. Friend the Prime Minister today commends itself to the House.
Does my noble and learned friend accept that Article 10 of the European Convention on Human Rights, which provides for the right to freedom of expression, is qualified? It is that the exercise of that freedom, "““carries with it duties and responsibilities””," and, "““may be subject to such formalities, conditions,...
Does my noble and learned friend accept that Article 10 of the European Convention on Human Rights, which provides for the right to freedom of expression, is qualified? It is that the exercise of that freedom, "““carries with it duties and responsibilities””," and, "““may be subject to such formalities, conditions,...
My Lords, my noble friend is right to quote at length Article 10. As I said earlier to the noble and learned Lord, Lord Falconer of Thoroton, these issues and the tensions between Articles 8 and 10 were considered at considerable length during the passage of the Human Rights Bill...
My Lords, my noble friend is right to quote at length Article 10. As I said earlier to the noble and learned Lord, Lord Falconer of Thoroton, these issues and the tensions between Articles 8 and 10 were considered at considerable length during the passage of the Human Rights Bill...
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...
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...
I certainly hear what the noble Lord says and, as he has indicated, the terms of reference are still to be agreed. Without any commitment on whether it might be included, I will certainly draw his comments and the Bill that he previously introduced to the attention of my right...
I certainly hear what the noble Lord says and, as he has indicated, the terms of reference are still to be agreed. Without any commitment on whether it might be included, I will certainly draw his comments and the Bill that he previously introduced to the attention of my right...
We on these Benches welcome the report, which recognises that where secrecy is ordered it should only be to the extent strictly necessary to achieve the interests of justice. We also welcome the provision of notice to the press of an application of this type and the requirement of an...
We on these Benches welcome the report, which recognises that where secrecy is ordered it should only be to the extent strictly necessary to achieve the interests of justice. We also welcome the provision of notice to the press of an application of this type and the requirement of an...
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...
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...
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...
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...
My Lords, I, too, welcome the establishment of the Joint Committee. What I really want to ask is whether the new media will be part of the remit, and whether there are ways in which one can restrain publication there. I have a great reluctance in saying that I do...
My Lords, I, too, welcome the establishment of the Joint Committee. What I really want to ask is whether the new media will be part of the remit, and whether there are ways in which one can restrain publication there. I have a great reluctance in saying that I do...
My Lords, I am sure that my noble friend would agree that it would not be proper for me to comment on any one particular case. If there is an issue of more general importance, I am sure that it will be possible for these concerns to be fed into...
My Lords, I am sure that my noble friend would agree that it would not be proper for me to comment on any one particular case. If there is an issue of more general importance, I am sure that it will be possible for these concerns to be fed into...
I would not normally comment on the role I have to carry out as Attorney-General in the public interest and not as a Minister of the Crown, but there is no secret in the fact that, as matters stand, I have received no referral whatsoever in relation to any civil...
I would not normally comment on the role I have to carry out as Attorney-General in the public interest and not as a Minister of the Crown, but there is no secret in the fact that, as matters stand, I have received no referral whatsoever in relation to any civil...
Yes.
Yes.