Privacy and Injunctions - Evidence - Parliament

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Rt Hon Dominic Grieve QC MP, Attorney General—Oral evidence (QQ 1070–1102) ways. I refer to the Christopher Jefferies case; the McCanns case; and all the phone hacking issues. They are fairly serious public issues, which is why we have the Leveson Inquiry. Do you think the fundamental problem is that people simply ignore the law and have got into a culture where they do what they like, or has there been a failure in the legal regulation? Mr Grieve: I realise this may be a little peripheral to your inquiry, although it does touch on it because you can have breaches of criminal orders under the Contempt of Court Act 1981 which could concern Parliament. If I may turn to that first, the Contempt of Court Act 1981 was introduced to strike a better balance between the right of freedom of expression under article 10 and the previous law which was found to be in breach of that article. I think that inherent in that law, which gave greater freedom of expression to newspapers to report matters, was an area of reasonableness and self-restraint that for some reason has, over the last 15 years, appeared to become eroded. Taking the Jefferies case as an example, in part it may have eroded because the readier introduction of bad character under the Criminal Justice Act 2003 gave the impression that all these things would come into cases anyway, so you could say whatever you liked. There seems to have been a loss of restraint. I was slightly shocked when I came into office to see what was going on, because it was not an area with which I had particularly concerned myself previously. As it undermines the ability to have jury trials it is a really serious issue. I have to do something about it. I have been trying to deal with it by a mixture of bringing cases where appropriate and also spreading the message that it is having really serious consequences. I happen to think that newspapers can do their job without infringing the law. I find it rather more difficult to pronounce on civil matters, partly because civil orders have been given for many years. Injunctions restricting publication of material have been around for a long time, as have breaches. My impression is that social media have made a difference because of the rapid dissemination of information and in the process perhaps people have started to lose sight of the ground rules. One of the reasons this has suddenly become an issue is that the courts and others have said there are ground rules and if we do not have them the administration of justice and the protection of the rights of individuals will become very difficult. That is how I see the two phenomena. There is also a link between them, but that is my best analysis as to what has been going on. Q1102 The Lord Bishop of Chester: Might it be helpful if the ground rules as they have emerged through the courts were codified in statute? Would that help dissemination and clarify the framework which you say has been somewhat unclear? Mr Grieve: Does that not take us back to the Law Commission and its examination of this matter? If the Law Commission thinks that further codification and structure to both civil and criminal contempt might be beneficial, I will read what it has to say with great interest. I am open-minded on this subject. You will appreciate that my job in a sense is not to make the policy but to implement the law as it stands, and that is what I concentrate on doing. There may be arguments for changes, codification and ensuring that people are more aware of the law, but these are major policy changes. That is why the role of the Law Commission is very important in this. Very careful thought is needed to make sure there are not unexpected and unintended downsides. 22
Rt Hon Dominic Grieve QC MP, Attorney General—Oral evidence (QQ 1070–1102) Chair: I do not think there are any more questions, Attorney General. Thank you very much. 23
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