By @nedsimons - 1st June 2011
The public are largely split over whether MPs and peers are right to use the protection of parliamentary privilege to breach super injunctions, a survey has found.
A ComRes poll for the Independent published today showed that 44 per cent of those asked thought politicians were right to name those who had taken out the gagging orders, while 48 per cent thought they were wrong to do so.
The controversial court orders prevent the press from reporting that a gagging order is in place as well as the nature of the allegations that are being covered up.
Parliamentary privilege permits MPs and peers to say what they like in the chambers of both Houses without fear of being sued for libel and the media are then free to report what is printed in Hansard.
Of the three main parties Liberal Democrats were most likely to support the right of politicians to breach super injunctions, with 51 per cent supporting them revealing names and 45 per cent opposed.
It was a Lib Dem MP, John Hemming, who recently named footballer Ryan Giggs as having taken out a so-called super injunction.
The MP has previously also used parliamentary privilege to name Sir Fred Goodwin as having obtained an injunction.
The former RBS boss was also revealed to have taken out a gagging order by Lib Dem peer Lord Stoneham.
Of the Labour supporters asked only 40 per cent felt it was right while 50 per cent thought it was wrong. Conservatives meanwhile were split evenly on the issue 46 per cent each way.
Hemming faced significant criticism from fellow parliamentarians for his decision to use parliamentary privilege in this way, including Labour's Lord Prescott who accused him of "ego".
Conservative MP Louise Bagshaw meanwhile said she believed MPs "should change law on super injunctions, not use parliamentary privilege to break them."
Hemming was also slapped down by the Speaker John Bercow who told MPs they should "temper our privilege with responsibility".
The row has put Parliament on a collision course with the judiciary and has intensified calls for the government to introduce its draft parliamentary privilege bill, designed to reform the law on privilege to clarify its extent and application.
The ComRes poll found that an overwhelming 70 per cent of those surveyed felt that judges have been too willing to grant injunctions to enable the rich and famous to protect their private lives.
And 65 per cent of those who responded felt celebrities and sports stars owe their lifestyle to their public profile so they should not complain about intrusion into their private lives.
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