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Media concession expected in injunction report Media concession expected in injunction report
(40 minutes later)
A report by a top judge is likely to recommend the media are allowed into court when injunctions and so-called super-injunctions are being sought.A report by a top judge is likely to recommend the media are allowed into court when injunctions and so-called super-injunctions are being sought.
But Lord Neuberger, the most senior civil judge in England and Wales, is expected to say the media will still be restricted over what they can report.But Lord Neuberger, the most senior civil judge in England and Wales, is expected to say the media will still be restricted over what they can report.
It comes after the High Court partially lifted an injunction given to ex-Royal Bank of Scotland head Sir Fred Goodwin.It comes after the High Court partially lifted an injunction given to ex-Royal Bank of Scotland head Sir Fred Goodwin.
Downing Street said the government would consider the report carefully.Downing Street said the government would consider the report carefully.
Lord Neuberger, the Master of the Rolls, has chaired a year-long inquiry by a committee of judges and lawyers.Lord Neuberger, the Master of the Rolls, has chaired a year-long inquiry by a committee of judges and lawyers.
The report - to be published later - comes at a time of unprecedented public interest and debate about the use of injunctions.The report - to be published later - comes at a time of unprecedented public interest and debate about the use of injunctions.
It is likely to address concerns over gagging orders such as injunctions and super-injunctions - court orders that prevent the media from revealing even the fact that an injunction has been granted.It is likely to address concerns over gagging orders such as injunctions and super-injunctions - court orders that prevent the media from revealing even the fact that an injunction has been granted.
On Thursday, Lib Dem peer Lord Stoneham used parliamentary privilege to tell the Lords that Sir Fred Goodwin had obtained an injunction to prevent reporting of a relationship he is alleged to have had with a senior colleague.On Thursday, Lib Dem peer Lord Stoneham used parliamentary privilege to tell the Lords that Sir Fred Goodwin had obtained an injunction to prevent reporting of a relationship he is alleged to have had with a senior colleague.
Lord Stoneham's intervention caused the anonymity element of his injunction to be lifted at the High Court.Lord Stoneham's intervention caused the anonymity element of his injunction to be lifted at the High Court.
Sir Fred was widely criticised for his role in the near-collapse of the Royal Bank of Scotland (RBS).Sir Fred was widely criticised for his role in the near-collapse of the Royal Bank of Scotland (RBS).
In March, Lib Dem MP John Hemming was the first to make Sir Fred's injunction public by using parliamentary privilege to raise the matter in the Commons.In March, Lib Dem MP John Hemming was the first to make Sir Fred's injunction public by using parliamentary privilege to raise the matter in the Commons.
Mr Hemming said the public had a right to know if any of Sir Fred's actions affected the bank's performance before it had to be rescued by the government.Mr Hemming said the public had a right to know if any of Sir Fred's actions affected the bank's performance before it had to be rescued by the government.
He told the BBC: "If you take the RBS code of conduct for example, if someone is a regular golf partner with someone else who also works for the bank then that is considered to be something that is relevant and should be declared because it creates a conflict of interest.He told the BBC: "If you take the RBS code of conduct for example, if someone is a regular golf partner with someone else who also works for the bank then that is considered to be something that is relevant and should be declared because it creates a conflict of interest.
"And it is the culture of such organisations that is important in considering why things happen with a view to trying to stop them in the future.""And it is the culture of such organisations that is important in considering why things happen with a view to trying to stop them in the future."
Lord Neuberger's report is expected to address some concerns over secrecy although reporting restrictions would still protect people's anonymity.Lord Neuberger's report is expected to address some concerns over secrecy although reporting restrictions would still protect people's anonymity.
But it would allow the press to know what it was they were not allowed to report.But it would allow the press to know what it was they were not allowed to report.
Media gag 'farce'
However, it is not yet clear whether the media would be able to challenge an injunction.However, it is not yet clear whether the media would be able to challenge an injunction.
Dina Shiloh, a media lawyer, told the BBC she felt it was "very important that there is a discussion and a public debate about privacy laws".
Media gag 'farce'
"There may be no need to change it [the law] substantially, but it is important to have a conversation about it," she said.
BBC legal correspondent Clive Coleman says the report could not come at a more heated time, with injunctions flouted on Twitter and a campaign against a separate privacy law being conducted by judges.BBC legal correspondent Clive Coleman says the report could not come at a more heated time, with injunctions flouted on Twitter and a campaign against a separate privacy law being conducted by judges.
The issue of privacy injunctions just will not go away, our correspondent says.The issue of privacy injunctions just will not go away, our correspondent says.
Speaking on Radio 4's Today programme, former newspaper editor Kelvin MacKenzie said gagging orders had become too difficult to enforce.Speaking on Radio 4's Today programme, former newspaper editor Kelvin MacKenzie said gagging orders had become too difficult to enforce.
He said such injunctions had become "farce" because "journalists and technology are battering against the law", causing the UK's legal framework to "begin to wobble".He said such injunctions had become "farce" because "journalists and technology are battering against the law", causing the UK's legal framework to "begin to wobble".
And, questioning the idea of such court orders, he said: "I think it is a ludicrous idea to have a judge sitting there trying to balance up some kind of bizarre morality that he has and forcing it on to the wider world."And, questioning the idea of such court orders, he said: "I think it is a ludicrous idea to have a judge sitting there trying to balance up some kind of bizarre morality that he has and forcing it on to the wider world."
Still effective?
However, former lord chancellor Lord Falconer said injunctions were an effective method by which protect people's privacy could be protected.However, former lord chancellor Lord Falconer said injunctions were an effective method by which protect people's privacy could be protected.
Still effective?
"We recognise that some things you do in your life are private and should be kept confidential," he said, adding that judges carefully weigh up cases to ensure that "privacy is not used by cloak to stop the revelation of things that the public should know"."We recognise that some things you do in your life are private and should be kept confidential," he said, adding that judges carefully weigh up cases to ensure that "privacy is not used by cloak to stop the revelation of things that the public should know".
Lord Falconer said that, despite the use of social media by some to circumvent gagging orders, injunctions remain effective.Lord Falconer said that, despite the use of social media by some to circumvent gagging orders, injunctions remain effective.
He said: "Most people don't know what the secrets protected by the injunctions are. Everybody assumes that because you can get to the information it is impossible to police it.He said: "Most people don't know what the secrets protected by the injunctions are. Everybody assumes that because you can get to the information it is impossible to police it.
"But it is not impossible to police it and most people respect court orders.""But it is not impossible to police it and most people respect court orders."
Last month, Prime Minister David Cameron said Parliament not judges should decide on the balance between press freedom and privacy.Last month, Prime Minister David Cameron said Parliament not judges should decide on the balance between press freedom and privacy.
The prime minister's official spokesman said: "This whole issue is something we need to think about.The prime minister's official spokesman said: "This whole issue is something we need to think about.
"We are going to look at this report and consider it very carefully. We have always said we would start by considering that report carefully.""We are going to look at this report and consider it very carefully. We have always said we would start by considering that report carefully."